Iowa State Board of Education Davenp… · 1. All citations issued in the April 2018 special education report are corrected; 2. The additional citations noted in this report are corrected;

Iowa State Board of Education Executive Summary

May 9, 2019 Agenda Item: Davenport Community School District Accreditation State Board Priorities: All State Board Role/Authority: Iowa Code section 256.11 Presenter(s): Amy J. Williamson, Chief Bureau of School Improvement Attachment(s): One Recommendation: The accreditation team for Davenport Community School

District (CSD) recommends that the State Board review all information presented in the written report and place Davenport CSD on conditional accreditation until the district satisfies the requirements proposed in the Required Actions section of the report.

Background: Davenport CSD received an intensive, on-site visit to

determine compliance with the Individuals with Disabilities Education Act in early 2017. Several deficiencies were found by the site visit team, and the district was placed on a corrective action plan. The State Board ordered the Department to conduct a Phase II visit of Davenport CSD at the November 2018 meeting. The Phase II visit took place February 4-8 and March 5, 2019.

Davenport CSD Accreditation Report to the State Board

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May 9, 2019

Davenport Community School District Accreditation Report to Iowa State Board of Education


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Executive Summary An accreditation committee appointed by the director of the Iowa Department of Education (Department) visited the Davenport Community School District (Davenport CSD) on February 4-8 and March 5, 2019 to conduct a Phase II accreditation visit. The visit was ordered by the Iowa State Board of Education (State Board) at the November 2018 board meeting after the district failed to make satisfactory progress in correcting numerous instances of noncompliance with the Individuals with Disabilities Education Act (IDEA; 20 U.S.C. 1400 et seq.), originally cited in April 2018.

A Phase II visit was authorized by Iowa Code section 256.11 as part of a two-tiered accreditation process in which any district failing to appropriately correct noncompliance identified in the first phase may move to Phase II. Phase II may also be used to address financial concerns. While the School Budget Review Committee (SBRC) did not order a Phase II visit to the Davenport CSD for financial reasons, the Department included finance in its Phase II review due to the district’s significant financial challenges.

A team of 18 staff members specializing in accreditation, special education, and finance conducted the Phase II visit to the Davenport CSD. The accreditation team reviewed documents prior to and during the site visit; interviewed staff, community members, and parents; and conducted an online survey of parents.

The accreditation team produced a set of strengths and recommendations in six areas: General Program and Structure, General Accreditation, Equity, Federal Programs, Special Education, and Finance. The accreditation team also cited Davenport CSD for 25 instances of noncompliance with state and/or federal education law.

Upon review of all information collected as part of the Phase II process, the accreditation team recommends that the State Board place Davenport CSD in conditional accreditation status until such time as:

1. All citations issued in the April 2018 special education report are corrected; 2. The additional citations noted in this report are corrected; and 3. The district has met the additional conditions recommended by the accreditation team in the conclusion of

this report.


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Table of Contents

Executive Summary ..................................................................................................................................................... 2

Introduction and Overview .......................................................................................................................................... 6

Legal Authorities and Framework ..................................................................................................................................... 6

Background ........................................................................................................................................................................ 6

Accreditation Visit .............................................................................................................................................................. 7

Program Strengths and Recommendations............................................................................................................ 8

General Program and Structure ........................................................................................................................................ 8

General Accreditation ..................................................................................................................................................... 12

Equity ............................................................................................................................................................................... 15

Federal and State Programs .......................................................................................................................................... 17

Special Education ........................................................................................................................................................... 21

Finance Procedure, Purpose, and Findings .......................................................................................................... 25

Procedure and Purpose .................................................................................................................................................. 25

History .............................................................................................................................................................................. 26

Corrective Action Plans by Fiscal Year of Negative Unspent Balance ......................................................................... 27

District Audit Comments and Findings .......................................................................................................................... 28

Fiscal and Operational Data Analysis ............................................................................................................................ 28

Certified Annual Report .................................................................................................................................................. 44

Findings and Conclusions ............................................................................................................................................... 48

Noncompliance Citations and Required Corrective Actions .............................................................................. 50

January 2019 Noncompliance Citations and Corrective Actions Required ................................................................ 50

Phase II Visit Noncompliance Citations and Required Corrective Actions .................................................................. 56

Conclusion and Recommendation to State Board .............................................................................................. 60

Appendices ................................................................................................................................................................ 61

Appendix A: Groups and Individuals Interviewed .......................................................................................................... 62

Appendix B: Interview Questions .................................................................................................................................... 66

Appendix C: Documents and Information Reviewed ..................................................................................................... 85

Appendix D: Applicable Federal Code and Regulations .............................................................................................. 106

Appendix E: Applicable Iowa Code Requirements....................................................................................................... 121

Appendix F: Applicable Iowa Administrative Code ...................................................................................................... 135

References ............................................................................................................................................................... 152

Resources ................................................................................................................................................................ 153


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Figures

Figure 1. District High School Sections with Enrollment under 10 ...................................................................................36

Figure 2. District Average Section Size - Core Areas ..........................................................................................................37

Figure 3. District Average Section Size - World Language and CTE ..................................................................................37

Figure 4. Average Section Size - Davenport District High Schools ....................................................................................38

Figure 5. Davenport CSD Special Education Deficit History 2015-2018 .........................................................................45

Figure 6. Davenport CSD: General Fund Spending Authority, Expenditures, and Fund Balance ...................................47

Figure 7. Survey Participation by Building ....................................................................................................................... 100

Figure 8. Percent of Respondents' Children Receiving IEP, EL, and/or Title I Services ............................................... 101

Figure 9. Family-Teacher Relationship - Negative ........................................................................................................... 101

Figure 10. Family-Teacher Relationship - Positive .......................................................................................................... 102

Figure 11. Parent/Family Member Relationship with Teacher ...................................................................................... 102

Figure 12. District Communication and Inclusion of Parents in Decision-Making........................................................ 103

Figure 13. Parent/Family Relationship with District ....................................................................................................... 103

Figure 14. Extent of Concern Regarding Child's Progress This School Year ................................................................. 104

Figure 15. Frequency of Communication with Child's Teacher Regarding Academics and Behavior ......................... 104

Tables

Table 1. Davenport CSD Unspent Budget Authority...........................................................................................................25

Table 2. Certified Enrollment and State Rank - Peer Districts ..........................................................................................28

Table 3. Certified Enrollment History – Peer Districts .......................................................................................................28

Table 4. Certified Enrollment and State Rank – Area Districts .........................................................................................28

Table 5. Certified Enrollment History – Area Districts .......................................................................................................29

Table 6. Certified Enrollment Projections by Peer Group and Area Districts ...................................................................29

Table 7. Served Enrollment History – Peer Districts ..........................................................................................................30

Table 8. Served Enrollment History – Area Districts ..........................................................................................................30

Table 9. Percentage of Resident Students Open Enrolled Out by Peer Group and Area Districts ..................................31

Table 10. Net Open Enrollment – Student Count by Peer Districts and Area Districts ...................................................31

Table 11. 2017 and 2018 Fall BEDS Staff - FTEs by Position ..........................................................................................32

Table 12. Elementary Class Size by District – Fall 2018 by Peer Group and Area Districts ...........................................34

Table 13. Davenport District Elementary Class Size by School – Fall 2018 ....................................................................35

Table 14. Davenport CSD High Schools – Sections with Enrollment under 10 ...............................................................38

Table 15. Variance between State and District Cost per Pupil by Peer Group and Area Districts ..................................42

Table 16. Davenport CSD Budget Adjustment Amount .....................................................................................................42


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Table 17. Fiscal Year 2019 Total School District Levy Rate – Area Districts ...................................................................43

Table 18. General Fund Expenditures as a Percent of Maximum Authorized Budget ....................................................43

Table 19. Executive Administration as Percent of General Fund Expenditures by Peer Group and Area Districts .......44

Table 20. Salary and Benefits as Percent of General Fund Expenditures .......................................................................45

Table 21. District Fund Balances History FY14-18 ............................................................................................................46

Table 22. Phase I Noncompliance Citations and Corrective Actions Required, Updated April 23, 2019 ......................49

Table 23. Phase II Noncompliance Citations and Corrective Actions Required ..............................................................55

Table 24. Ethnicity, Race, and Relationship to Student ................................................................................................. 105


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Introduction and Overview

Legal Authorities and Framework Iowa Code section 256.11 contains a process and substantive standards by which the Department and the State Board accredit school districts. The accreditation process is two-tiered, with the second tier applying to a school district if it is deficient and fails to be in compliance with accreditation standards (Iowa Code § 256.11(10)).

If a school district is so identified, the director of the Department appoints an accreditation committee to conduct an on-site visit to determine compliance. Following the on-site visit, the accreditation team prepares a report for the director and provides a recommendation to the State Board about continued accreditation. That report and recommendation may include a plan with timelines for correction. The school district may reply to the proposal and plan for correction, which may be modified by the State Board.

The accreditation committee is subsequently required to determine if the noncompliance has been corrected. Specifically, the accreditation committee is required to revisit the school district to determine whether the deficiencies in the standards have been corrected (Iowa Code § 256.11(11)). The committee shall report to the director of the Department and to the State Board, specifying whether the school district shall remain accredited and, if so, under what conditions.

After receiving the accreditation team’s report and recommendation, the State Board reviews the materials provided, requests any additional information, and determines if the identified deficiencies have been corrected. If deficiencies have not been corrected, and the conditions of continued accreditation are not mutually acceptable to the State Board and the district’s board of directors, the State Board shall deaccredit the district and merge the district with one or more contiguous districts at the end of the school year (Iowa Code § 256.11(11)(c)). The State Board may also place the district under receivership of the area education agency (AEA) in which the deaccredited district is located for the remainder of the school year.

The decision by the State Board whether to continue to accredit the school district, or to place the district under receivership, is based on the State Board’s determination of the best interests of the students, parents, community members, teachers, administrators, and district board members and upon the recommendations of the accreditation committee and the director of the Department.

This is the Phase II report of the combined program and finance accreditation team submitted to the State Board pursuant to Iowa Code section 256.11(11).

Background Staff from the Department conducted an intensive site visit to Davenport CSD in the area of special education from January 30 to February 1, 2018. The team examined both program and finance on the visit. The resulting report included multiple citations of noncompliance with the IDEA and state education laws.1

Specifically, the accreditation team determined that Davenport CSD was out of compliance with seven general areas of IDEA:

1. Placement Decisions for Students with Disabilities; 2. Providing Prior Written Notice (PWN) to Parents; 3. Disproportionality; 4. Services for Students with Behavior Needs; 5. Removals and Suspension of Students with Disabilities; 6. Evaluation Procedures, including Initial Evaluations; and 7. Seclusion and Restraint, as Applied to Students with Disabilities.

1 These citations are available in the Phase I Noncompliance Citations and Corrective Actions Required table.


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In addition to this systemic noncompliance, the team reviewed students’ individualized education programs (IEPs) and found multiple individual items of noncompliance that were ordered to be corrected within one year of the date of issue of the report. The district was required to work with an implementation advisor to correct the individual and systemic noncompliance items, including reconvening and determining compensatory education owed to students for whom a free, appropriate, public education (FAPE) was not provided as required by IDEA. IEP team meetings were required to be reconvened for approximately 2,200 students.

The finance team determined that the district must correct current processes or practices regarding:

1. Signing and implementing contracts for services for tuitioned-out students after the beginning of the school year and after services began,

2. Signing vendor contracts after the start date, and 3. Inappropriate billing of costs for educators at Keystone Academy to special education.

The finance team also determined that reviewed expenditures from the district’s ledger matched to invoices and receipts were appropriate, and that the district’s approval process for special education purchases was sufficient.

Accreditation Visit An accreditation committee appointed by the director of the Department visited Davenport CSD again on February 4-8 and March 5, 2019 to conduct a Phase II visit. This second visit was ordered by the State Board at the November 2018 board meeting after the district failed to make satisfactory progress correcting the numerous, significant instances of noncompliance with the IDEA originally cited in April 2018.

The accreditation team for Davenport CSD was made up of 18 staff members from the Department specializing in the education program and finance.

Program Team • Amy Williamson, Bureau Chief, Bureau of School Improvement, Accreditation Team Lead • Brad Niebling, Ph.D., Bureau Chief, Bureau of Learner Strategies and Supports • Amy Alfrey, Education Program Consultant, Bureau of Learner Strategies and Supports • Holly Barnes, Education Program Consultant, Bureau of School Improvement • Janet Boyd, Education Program Consultant, Bureau of School Improvement • Buffy Campbell, Education Program Consultant, Bureau of School Improvement • Steve Crew, J.D., Administrative Consultant for Compliance and Federal Programs, Bureau of School

Improvement • Dee Gethmann, Education Program Consultant, Bureau of Leading, Teaching, Learning • Barbara Guy, Ph.D., Director of Special Education, Bureau of Learner Strategies and Supports • Eric Heitz, Education Program Consultant, Bureau of School Improvement • Terese Jurgensen, Education Program Consultant, Bureau of Learner Strategies and Supports • Pam McDonnell, Education Program Consultant for English Language Acquisition, Bureau of School

Improvement • Barbara Ohlund, Ph.D., Administrative Consultant, Division of Learning and Results • Wendy Trotter, Education Program Consultant-Autism, Bureau of Learner Strategies and Supports

Finance Team • Tom Cooley, Bureau Chief, School Business Operations, Finance Team Lead • Janice Evans, Education Program Consultant, School Business Operations • Denise Ragias, Education Program Consultant, School Business Operations • Bill Roederer, Education Program Consultant, School Business Operations


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Program Strengths and Recommendations Any citations or required actions are included in the Noncompliance Citations and Required Actions section of the report, while recommendations appear only in this section.

General Program and Structure Davenport CSD’s general structure and operation, including the work of their leadership team during the Phase II visit, are important to the district’s ability to make and maintain corrections from the April 2018 report.

Strengths

LEADERSHIP TEAM: DISTRICT SELF-ASSESSMENT OF MULTI-TIERED SYSTEM OF SUPPORTS (MTSS) IMPLEMENTATION (DISTRICT SAMI)

During the Phase II visit, the Department facilitated a three-day work session to complete the District SAMI with the Davenport leadership team. The District SAMI is a needs assessment tool that helps district leadership teams understand the status of MTSS implementation at the district-level.2 The tool supports teams to engage in active discussions to identify strengths and challenges in current MTSS implementation and support. It is designed to help the district identify current practices, areas of strength, and areas for growth and refinement, as well as enable faculty to prioritize and focus resources on those areas in need of the most attention or support within and across the district.

Throughout the three-day work session during the Phase II visit, the Davenport leadership team demonstrated a professional and collaborative teaming that created a supportive working environment leading to rich discussions, revelations, and next steps.

LEADERSHIP

The Davenport team demonstrated strong leadership throughout the process. First, the Interim Superintendent worked with the Department to assemble a representative leadership team during the initial visit. After reflecting on the first visit, the team decided that additional team members were needed to ensure better representation across central office and building-level administrators and leaders. This brought the team in-line with the leadership team composition best practices detailed in the District SAMI. During the data review portion of these sessions, the leadership team did not try to cast blame or make excuses about their outcomes. Instead, they individually and collectively took responsibility for district outcomes. Furthermore, the leadership team acknowledged the need for changes in the leadership structure to support implementation of MTSS. It was evident that by the end of the initial and follow-up work with the leadership team that they were prioritizing the need to improve practices as a district and that successful implementation of MTSS would be important to ensure that the needed improvements occurred.

STAFF COMMITMENT

Throughout the Phase II visit, interviewees expressed the belief that the district will overcome the current difficulties, and the district will be stronger once the current issues are addressed. Many staff conveyed their dedication to the district and students, as well as their desire to make things better for students and families. In addition, interviewees indicated concern about special education problems and disproportionality and its effect on student learning. Staff were professional, courteous, honest, and welcoming in their work with the accreditation team.

Concerns and Recommendations

DISTRICT STRUCTURE AND PROCESSES

While Davenport CSD’s organization is not under the purview of the Department or State Board, the efficiency and functionality of the system is critical to the district being able to sustain correction of the noncompliance issues

2 The version used on the site visit is available in the Resources section.


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identified in the April 2018 report. Because the noncompliance issues identified are systemic in nature, Davenport CSD must be able to work as a system to correct them.

• Davenport CSD has an uncommon structure in which central office staff report directly to the superintendent without accountability to either of the two associate superintendents. The associate superintendents supervise building principals, but other central office staff members also engage with buildings. Past practice in the district has been for building principals and central office staff to be able to work directly with the superintendent on program and budget issues without including a chain of command or following procedures for district-wide implementation of centrally-made decisions. This has had a detrimental effect on the ability of the district to communicate effectively among staff and implement procedures or initiatives district-wide. Buildings tend to work independently rather than working as a system.

• Special education staff have been housed separately from all other district staff members for several years. This has had the effect of siloing special education from all other programs and disincentivized program coordination.

• There is not a district-established process for determining which programs will be implemented in the district or in individual buildings, vetting the evidence-base behind the programs, and implementing the programs with fidelity once they are chosen. One interviewee commented that the people in the buildings are relied upon to choose what they do, and the district relies heavily on Mississippi Bend AEA (MBAEA) for information on evidence-based practices.

• The district has multiple behavioral initiatives, including Boys Town, Davenport Way, and PBIS. It is unclear how training was delivered to staff on these programs or how buildings are using them. It is also unclear how a building determines whether to engage in PBIS or Boys Town, for example.

RECOMMENDATION 1

The accreditation team recommends that Davenport CSD administrators, including building principals, review the structure and decision-making processes for the district to determine if these are designed to promote the student outcomes they want to achieve.

DISTRICT VISION AND COMMUNICATION

District administration members are moving forward with policy decisions to improve practices across the district. Communication of the changes, however, is inconsistent and does not always reach teachers and building administrators accurately. In some instances, supports necessary to implement the changes were insufficient. For example, the district’s behavior plan appears to accurately identify a continuum of behavioral supports, as well as how to appropriately document behavior interventions. However, based on interviews with various stakeholders, there appears to be either miscommunication, misinterpretation, or some inappropriate application of the district behavior guidance at the building-level.

Some interviewees reported that if a student is behaving aggressively and they have an IEP, they are no longer allowed to have that student removed from the classroom. Others reported that the process to have an aggressive student removed from the classroom is so complicated, and still may not result in a removal, that it is no longer worth the effort. Regardless, the overall sentiment is that staff feel they can no longer effectively deal with behavior issues when they arise and that behavior is now out of control, resulting in students and staff feeling unsafe. For example, while many central office staff members talked about the district’s teaching and learning plan, few teachers mentioned or knew about it. Many interviewees acknowledged that communication in the district needs clarification, some attributing difficulties in communication to the organizational structure.

RECOMMENDATION 2

The accreditation team recommends that the district develop an internal communications plan, if one does not already exist, or review their current plan.

PARENT AND COMMUNITY ENGAGEMENT: PARENT SURVEY

It was difficult for the accreditation team to secure parent and community interviews during the Phase II visit. While the weather was quite bad for parts of the visit, the lack of interest may also indicate a lack of parent and


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community voice in the district. At least one community member who was interviewed did not feel that the community is engaged in the operation of the district.

With few parent and community interviews conducted during the Phase II visit, the Department contracted with an external provider to survey parents and family members about the educational programs and services provided by the Davenport CSD. Specifically, the survey consisted of four sections: 1) General Information; 2) Assessment of Parent/Family, Teacher, and Student Relationships; 3) Home-School Communication; and 4) Demographics. The questions posed to respondents are available in the Davenport CSD Parent Survey section.

General Information and Demographics

The survey was conducted between April 1 and April 12, 2019. An invitation to participate in the survey was distributed to 11,367 family members on April 1, 2019. In addition, two emails were sent to family members who had not yet responded on April 8 and April 11, 2019. The survey response rate was 17.6% with the total number of respondents being 1,9953 and 30 of the 31 buildings represented. Of these respondents, the majority were parents (97.7%) of non-Hispanic or Latino (77.3%) descent. The racial demographics of those surveyed were predominantly White (71.8%), with the second largest group represented being Black or African American respondents (6%). When asked what services their child is receiving, 17.6% of parents indicated IEP services, 3% reported EL services, and 4.9% indicated Title I services. For more on the demographics of the survey, see the Davenport CSD Parent Survey section.

Themes in Survey Data

On average, parents/family members reported positive or favorable relationships with their child’s teacher. In addition, respondents indicated they were “Not at all concerned” about their child’s progress in school this year. However, survey data—including written comments—suggest that parent/family member relationships with the district are much less favorable. When asked to rate their level of agreement with a statement that the district includes parent voice in decisions that affect schools, teachers, families, and students, 30.5% of respondents either strongly disagreed or disagreed (13.4% and 17.1%, respectively) with the statement. In addition, when asked about their relationship with the district overall, 6.9% of respondents indicated the relationship was “Very Poor,” 9.8% reported their relationship with the district was “Poor,” and 31.7% of respondents rated their relationship with the district as “Ok.” For more on the parent survey results, see the Davenport CSD Parent Survey section in Appendix C.

Written Comments

When asked if there was any additional input they would like the Department to know about the school or district, a significant number of written responses were provided (636). The comments contained both positive and negative responses. Within the positive comments, it was evident that there was strong support for individual classroom teachers and support staff, with respondents often calling out individuals by name. In addition, many comments expressed support for a specific school building or building administrator. Other favorable comments supported or defended the district as one that is performing as well as it can. Lastly, while many respondents were concerned about a specific issue, they expressed general satisfaction with the education their student is receiving.

Several major themes emerged from negative comments expressing dissatisfaction or identifying problems within the Davenport CSD.

1. Bullying, harassment, safety concerns, and disruptive behavior are a pervasive issue within many schools in the district. Parents reported their children were repeatedly bullied even after communicating with school administration or feared going to school because of bullying or fighting at school.

a. Many comments expressed frustration in the lack of response to the bullying or the success of interventions taken by the school/administration.

b. Some comments identified teachers as the source of bullying, negative treatment toward students, or that going to a teacher only escalated bullying from other students.

3 As is customary of survey design, respondents could skip questions they wished not to answer. These non-answers are coded as “No answer” in the data.


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2. Many indicated the Davenport CSD administration and the Achievement Success Center as the source of their frustration, rather than any individual classroom teacher. Themes included inadequate communication with parents or responses to their concerns from the administration, having too many people staffed in the administration, and a general lack of district leadership.

3. Respondents were generally dissatisfied with communication at all levels, including classroom teachers and building and district administration. Specific areas include communication regarding IEPs and/or 504 plans, announcements and school information, and student work/achievement.

4. Several comments expressed frustration with the district budget and unequal distribution of funding and/or resources between schools, citing the inequality as a root cause for many school problems.

a. There were multiple negative comments regarding the state funding formula. b. Several respondents expressed disappointment with teacher cuts, preferring to see the

administration budget reduced instead. 5. Late starts have negative effects on student pick up times, extracurricular activities after school, and busing

schedules. In that vein, several comments described the pick-up process for students as chaotic, unsafe, and cumbersome due to parking space.

6. Parents indicated concern with the current large classroom sizes and with the potential for class sizes to increase even more due to teacher cuts or school closures. Many comments noted that larger classroom sizes led to teachers spending less time with individual students and more time tending to disruptive behavior, which decreases instructional time to all students.

7. Parents of children with IEPs commented on the lack of communication regarding the student’s plan or ability for parents to be involved.

a. Respondents reported dissatisfaction of classroom placement options for children with behavior disorders.

b. Respondents commented that they struggle to communicate with school or district when a 504 plan is not implemented.

8. Some parents felt that their child’s classroom teacher did not personally care about their academic success, that students are not challenged enough by the general education curriculum, or that their child’s teacher was not adequately equipped to educate students.

RECOMMENDATION 3

Davenport CSD is doing all appropriate parent engagement within the Title I program. The accreditation team recommends that the district examine the parent engagement practices used for Title I and replicate them to the extent practicable for the district as a whole.

Leadership Team: District SAMI

Davenport’s newly-formed MTSS leadership team had a very positive experience during the initial and follow-up sessions. The team should continue to build on these positive initial steps toward successful, sustained implementation of MTSS in their district.

RECOMMENDATION 4

The accreditation team encourages the district to build from this positive start by doing the following:

• The leadership team has scheduled weekly meetings so they can build their own knowledge, as well as district capacity and infrastructure for MTSS implementation. These regular meetings should continue.

• It is likely to be a significant transition for the leadership team with a new superintendent coming on board. The interim and existing district administrators should proactively engage the new superintendent around the work and content of the District SAMI. The Department is willing to help plan for and be a part of these conversations.

• A positive working relationship and synergy was developed between district and Department personnel during these sessions. This positive working relationship should be built upon by including the Department in team meetings on a bi-monthly basis.


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• The district continues to make positive progress towards completing their corrective actions in special education, per the visit and subsequent report from 2018. Improving the district’s special education system remains a top priority. The MTSS leadership team should connect efforts to improve special education to successful implementation of MTSS.

• The MTSS leadership team prioritized building their own knowledge and capacity, with a particular focus on social-emotional-behavioral well-being and mental health (SEBMH). This priority should remain in place.

• The district has been engaged in the development of infrastructure and capacity to successfully implement positive behavioral interventions and supports (PBIS), which is a MTSS framework. This work was done as part of their School Climate Transformation Grant. The MTSS leadership team should study and build upon the work that was done within the grant, including collaboration with grant-funded district staff, AEA personnel, and Department staff.

General Accreditation This section addresses the district’s performance in areas related to their accreditation by the state, such as offering and teaching the appropriate coursework, ensuring that staff members are properly licensed and endorsed, providing professional learning plans for staff, and adhering to requirements for district policies according to Iowa Code. All citations are included in the Noncompliance Citations and Required Actions section of the report.

Strengths

CAREER AND TECHNICAL EDUCATION (CTE)

Multiple interview groups identified CTE as a strength of the district. Programs such as Prostart, Advancement via Individual Determination, and Project Lead the Way at the middle school all received praise from interviewees. Teachers frequently mentioned college and career readiness as a priority in the district.

The district supports CTE in kindergarten through grade 12 with programing starting at the elementary level with Project Lead the Way curriculum. The district has engaged with a nationally recognized expert, Mark Perna, to connect students with careers. Students are engaged with community projects such as building a house and running a cafe through ProStart.


HOMESCHOOL

The district did not provide documents or other artifacts related to the home school program and supports. However, review of the district website indicated that Davenport CSD does have a Home School Assistance Program (HSAP). The webpage is linked to the district site and identified three staff members who were supporting students. Review of fall Basic Educational Data Survey (BEDS) staff data did not include these three staff members. In checking their license status with the Board of Educational Examiners (BOEE), all were current in their respective licenses; however, only one of the persons identified as supporting home school students held a Substitute License. The other two staff were content specific in their endorsed areas. A citation has been issued on this topic in the Noncompliance Citations and Required Actions section of the report.

REQUIRED ACTIONS

The Davenport CSD must review the HSAP and the ages/grades each of the staff working in the program is serving to be sure that they are within the scope of their licenses as well as the number of students/families each of the teachers is working with. In order to support students in grades K-12, the staff members who do not have the Substitute License endorsement would need to add this to their endorsed areas. Otherwise, it would be necessary to re-assign students to staff who are appropriately endorsed to support students who are of multiple ages and grades.

In addition, while Davenport CSD did not include these teachers in the fall BEDS staff report, the district does code students as attending the HSAP in Student Reporting in Iowa (SRI), which generates weighted funding. These two reports present conflicting information. The district needs to review the alignment of these two reports and include HSAP teaching staff in the fall BEDS staff report. The district must also review the HSAP teaching logs and student age/grade-level assignment to ensure that teachers are working within the scope of their licensure.


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PROFESSIONAL DEVELOPMENT

The accreditation team recommends that the district provide a more consistent, district-wide approach to individual teacher professional development. Although the district is engaging in some system-wide professional development on cultural insensitivity and bias, there remain many gaps in the professional development as a whole. For example, equity processes, procedures, and contacts do not appear to be communicated consistently across the district for all district staff. Additional examples include:

Many support personnel did not know who to contact if they had issues with equity. The district does not appear to use consistent forms or procedures from building to building, which may lead to some of the confusion noted by the site visit team.

• District staff did not understand how the Individual Career Development Plan (ICDP) is utilized or that it is an accreditation requirement.

• Implementation of major work–such as Positive Behavioral Interventions and Supports (PBIS)–is, at best, inconsistent across the district. PBIS implementation is absent in some buildings according to interviewees. For implementation to be effective, the professional learning and coaching received by staff must be high quality, system-wide, and ongoing.

• The training provided across the district on bullying and harassment annually does not appear to be sufficient to meet the district’s substantial needs in this area. This is one example of the district’s lack of alignment of professional learning requirements for staff with overall needs of the district.

A citation has been issued on this topic in the Noncompliance Citations and Required Actions section of the report.

REQUIRED ACTIONS

The district must:

1. Review all teacher files to determine if teachers have ICDPs. 2. Ensure all teachers have an ICDP. 3. Incorporate the district’s professional development plan into the district’s Comprehensive School

Improvement Plan (CSIP) in the Department’s Consolidated Accountability and Support Application (CASA). 4. Provide board minutes or other documentation demonstrating appointment of the Equity Coordinator. 5. Provide a summary of the Equity Coordinator’s role and activities. 6. Provide training to all district staff on the role of the Equity Coordinator, when, and how to file a complaint.

BULLYING AND HARASSMENT

The accreditation team found that the Davenport CSD’s School Board Policy 504.10 on student bullying/harassment was out of compliance, as the policy has not been updated since July 16, 2013. The policy must be updated, reviewed, and approved by the school board at least every five years (281–IAC 12.3(2)).

An additional area of concern is that across buildings, there is an emphasis in policy and on district and school websites that in order to have a complaint filed, or even to have the issue recognized or investigated, the issue or offense must be repeated. The district underlines the word “repeated” in the definition of bullying/harassment and district training materials shared annually with teachers, staff, and students. This focus on the repeated nature of bullying or harassment in direct conflict with the definition of bullying or harassment provided in Iowa Code section 280.28:

“Harassment” and “bullying” shall be construed to mean any electronic, written, verbal, or physical act or conduct toward a student which is based on any actual or perceived trait or characteristic of the student and which creates an objectively hostile school environment that meets one or more of the following conditions: (1) Places the student in reasonable fear of harm to the student’s person or property. (2) Has a substantially detrimental effect on the student’s physical or mental health. (3) Has the effect of substantially interfering with a student’s academic performance. (4) Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school. (Iowa Code § 280.28(2)(b)).


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In order to guide efforts to educate all constituents with common language around bullying, the Department provides the following guidance on bullying:

Bullying is unwanted, aggressive behavior among school aged children that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time [emphasis added]. In order to be considered bullying, the behavior must be aggressive and include:

• An Imbalance of Power: Kids who bully use their power—such as physical strength, access to embarrassing information, or popularity—to control or harm others. Power imbalances can change over time and in different situations, even if they involve the same people.

• Repetition: Bullying behaviors happen more than once or have the potential to happen more than once.

Bullying includes actions such as making threats, spreading rumors, attacking someone physically or verbally, and excluding someone from a group on purpose. (U.S. Department of Education Office of Safe Schools, 2014, as cited in Iowa Department of Education, n.d., paras. 2-6).

During interviews, multiple general education, special education, and support staff questioned the word “repeated” as emphasized by the administration across several buildings from all school ages in the district. More than one staff member told interviewers they had reported several students over the course of the year that were engaged in potential bullying (i.e., calling other student’s racial slurs, pushing, shoving, tripping) and were told by the administration because these students were not always targeting the same person, it was not considered bullying. Conversely, it was also reported that some of the same students were potentially bullied on a daily basis, but because the students who targeted them were different students across the days, it was not considered bullying. Across interviews of teaching and support staff a concern was shared that bullying reports made by staff were ignored because of the word “repeated.” Staff reported when complaints were made to the district they were typically determined unfounded according to Iowa Code 280.28.

An additional concern is the district’s Bullying/Harassment Complaint Form. The complaint form is generic and is not used specifically for bullying, but is the same form used for any other problem or complaint. One interviewee reported that the same form is used if a student loses their glasses or if they have a bullying complaint. Additional concerns with the complaint forms include:

• Accessing a complaint form is difficult. Links to the bullying complaint form from the district website are not consistent across schools. Some of the schools link to the equity site that provides a complaint form that is generic as the Davenport Complaint Form. This form is very different than the Bullying/Harassment/Witness/Incident report form. The complaint form is generic, not broken down nor outlines the 17 protected traits. The district has not included the Witness Disclosure Form or the Disposition of the Complaint form for reporting information back to complainants after the investigation is concluded.

• Understanding the investigative process and how to comply with the State of Iowa’s expectations for Iowa Code section 280.28 has not been consistent as outlined by various complaints that have been filed over the course of the last school year. One parent reported that their concerns had been ignored several times and threats and physical acts of violence on their child’s life became so severe the parents were forced to keep their child home. When the parents asked for an IEP meeting to address the safety concerns, they were told, “What do you need an IEP meeting for? That has nothing to do with your child coming to school.”

REQUIRED ACTIONS

The district is required to update their policy on bullying and harassment, consult the guidance offered by the Department, specifically the Bullying Checklist4 for districts, and participate in Bullying/Harassment Investigative Training through AEA PD Online. These items are included in the Noncompliance Citations and Required Actions section of this report.

4 The link to the Bullying Checklist is provided in the Resources section of the document.


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Equity Davenport CSD was cited in the April 2018 report for disproportionality in the number and percent of students of color identified for special education services, the number and percent of students of color with IEPs suspended or expelled, and the number and percent of students of color with IEPs subject to seclusion and/or restraint (20 U.S.C. §§ 1413(f) & 1418(d)). This citation was grouped with the citation in the April 2018 report for Evaluation Procedures under the IDEA, and one of the remedies ordered was for the district to conduct reevaluations of all African-American students with IEPs within one year. Additional corrective actions ordered included working with a national expert on disproportionality to do the following: review district procedures and practices; make recommendations to address disproportionate identification, suspension/expulsion, and seclusion/restraint of African-Americans; assist the district in developing and implementing a plan to expand universal processes for providing intervention strategies for students experiencing academic or behavior strategies that are unbiased; obtain professional development for all staff, including general education staff members. Professional development was to include the district’s disproportionality data, the causes and consequences of disproportionality in special education, policies and practices to remediate and eliminate disproportionality, and training to all building team members.

At the time of the Phase II visit, Davenport CSD was on-track to complete the individual reevaluations for all African-American students with IEPs. The district had also begun work with two national experts–Anthony Muhammad and Sharroky Hollie–on the remaining items, focusing primarily on professional learning for staff.

Strengths

The associate director of HR in charge of equity, also serving as Equity Coordinator, reported that equity has become a high priority for the district, and a driver to get people to understand that the district is disproportionate in the number and percent of students of color identified for special education services, the number and percent of students of color with IEPs suspended or expelled, and the number and percent of students of color with IEPs subject to seclusion and/or restraint. Multiple interviewees referred to the district’s work with Anthony Muhammad and Sharroky Hollie to improve cultural responsiveness. Interviewees reported that the work with both experts addresses cultural and linguistic relevance, cultural bias, raising awareness of the problem, and increasing understanding and desire to solve the problem.

Multiple interviewees commented that the district had over identified African-American males for special education. Interviewees also noted that the district is working to improve processes to ensure students are not overidentified.


DISTRIBUTION OF RESOURCES

Community members and staff expressed concerns regarding the distribution of resources and educational opportunities across the district. For example, multiple staff reported “poor schools” get fewer resources than “rich schools.” In addition, interviewees reported concerns regarding how students know what academic and extracurricular opportunities are available. For example, high school CTE opportunities available at one high school are available to all district students via transportation, but the communication regarding those opportunities is not consistent across the district. Review of the available course catalogs on the Davenport CSD website illustrated some examples of this.

The following illustrates the lack of clarity in the district publications regarding course offerings. The 18-19 Course Guide indicates that the Related Health Occupations course is “taught at West but open to all schools” (p. 46). It is not apparent that transportation is available for courses offered at a different attendance center with the exception of the CTE Catalog available on the district website. The CTE catalog made it clear that transportation is available. Other examples of issues of equity or availability of courses include student built home class indicates the student must provide their own transportation. In addition, the 18-19 Course Guide indicates the course, Know Your Car, under the category of Manufacturing is not open to all but open to Central and North only. This is not an exhaustive list, but examples of a few areas where equitable access may be an issue.

Interviewees from both the community and district expressed concern over the lack of minority staff, stating that the staff needs to be more reflective of the community and student body. Interviewees also referenced recruitment and hiring practices that did not promote minority hiring, including a lack of funding for this purpose.


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As noted in the above section, it is essential that all staff members in a district know who the equity coordinator is in the event they should need to make a report or refer an incident to the coordinator. The site visit team noted that the further removed from the top district administration the interviewees were, the less likely they were to be able to identify the equity coordinator.

Required nondiscrimination notices appear to meet the standards outlined by code, but the accreditation team noticed the district has posters with both annual and continuous notices posted in the Achievement Service Center. It appears the district does not have a complete knowledge of the difference between the two types of notices. Additionally, the district school board approved the equity coordinator position in a meeting a few weeks prior to the Phase II visit. It is not clear that the district or board understand what is required of a public school district regarding equity. Staff noted not having recent equity training, and the site visit team heard varying accounts of how building staff received equity training.

RECOMMENDATION 5

The accreditation team recommends the district do the following to support work in equity:

1. Conduct the resource review required under the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA),5 with all building principals participating. This will result in greater transparency about the distribution of resources across the district.

2. Explore re-engaging in recruitment and retention efforts for minorities as a district priority. 3. Consult Department staff for clarification about the requirements for nondiscrimination notices.

REQUIRED ACTIONS 1. Adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging

discrimination. Students, staff, parents, and applicants for employment must be made aware of the grievance procedures and forms.

2. Develop an equal employment opportunity (EEO) and affirmative action (AA) in employment plan. The written plan must include:

a. Input from diverse racial/ethnic groups, women, men, and persons with disabilities into its development and implementation;

b. Plans for periodic professional development for all employees who hire and supervise personnel; c. A process for recordkeeping and reporting; and d. The following components:

i. Board policy on non-discrimination in employment and personnel practices on the basis of race, color, national origin, gender, disability, religion, creed, age, marital status, sexual orientation and gender identity;

ii. Board policy on affirmative action to hire and retain persons from underrepresented groups in the workforce on the basis of race, national origin, gender, and disability;

iii. Board policy on harassment and bullying by/of employees and students on the basis of race, national origin, color, language, gender, sex, sexual orientation, gender identity, marital status, familial status, physical and mental ability or disability, age, religion, creed, physical attributes, ancestry, socioeconomic status, political party preference and political beliefs;

iv. Name, position, phone number and email address of EEO/AA Coordinator; v. An administrative statement, signed and dated by the chief administrative officer, which

provides staff with the rationale for the plan, the responsibilities of staff for its implementation, and the internal system for monitoring the implementation of the plan;

vi. Qualitative analyses or periodic self-evaluation of employment and personnel policies and practices for fairness on the basis of race, creed, color, religion, sex, age, national origin, sexual orientation, gender identity, or disability;

5 Unless otherwise noted, ESEA should be taken to mean the ESEA, as amended by ESSA.


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vii. Qualitative goals which specify actions with timelines for modifying employment/personnel practices or conditions which have been identified in the self-evaluation to contribute to less than equitable access and treatment;

viii. Workforce analyses or profile of the current workforce by race, gender and disability within each major job category;

ix. Quantitative analyses or comparison of the representation of diverse racial/ethnic groups, women, men and persons; with disabilities within each major job category in the workforce with their availability in the relevant labor market; and

x. Numerical goals, not rigid and inflexible quotas, which reflect realistic aspirations for increasing the numbers of persons from underrepresented groups in the workforce.

DISPROPORTIONALITY AND RACIAL EQUITY

Disproportionality continued to be a theme in interviews with staff and board members during the Phase II visit. Responses to the citations and efforts the district has made to improved ranged from optimism and relief that the problem was being addressed, to disbelief that a problem truly exists. Not all staff or board members interviewed are on-board with the changes the district needs to make, nor do they necessarily believe the district’s data are accurate. In spite of the work, the district has done over the prior year, disproportionality and equity issues continue to be of significant concern. Such issues generally take multiple years of concerted effort to show a positive effect, and the accreditation team recommends that the district be required to continue this work.

The Equity Coordinator and community members reported that students of color in the district are treated differently than white students with regard to discipline. Interviewees also stated that minority staff are treated differently. It appeared that staff experiences were very different depending on which school they worked at. Some staff reported dissatisfaction regarding the equity complaint process, stating that nothing appears to happen and often the complaint is designated as unfounded. One interviewee reported that there is “a culture here of discrimination. There are teachers here that are afraid to say anything.”

REQUIRED ACTION

The district is required to expand work on disproportionality to include work with a national expert coach on evidence-based practices known to reduce disproportionality in special education, including issues with inclusive practices for students of color. Evidence-based practices may include implementation of Positive Behavior Interventions and Supports (PBIS) in every building, a district-wide focus on early literacy, and adopting restorative justice practices in lieu of traditional disciplinary actions.

Federal and State Programs Davenport CSD receives funds for multiple federal programs including Title I, Part A, which serves disadvantaged students, and Title II, Part A, which supports effective instruction and teacher professional development. While Davenport CSD does not directly receive Title III, Part A funds for ELs, the district works with MBAEA to make use of Title III funds received by the AEA to support ELs. The district is still required to meet several state and federal requirements for ELs.

Strengths

TITLE I, PART A

PARENT INVOLVEMENT

According to ESEA section 1116, a district with a Title I program must implement programs, activities, and procedures for the involvement of parents. Such programs, activities, and procedures shall be planned and implemented with meaningful consultation with parents of participating children.

• Documents and interviews with the former Title I coordinator confirm that the district meets Title I parent involvement requirements. Programs and activities for parents are based on the differing needs of students and families at the various Title I project sites.


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• Each Title I school has a current Title I Parent Involvement Policy in English. Translated versions of the parent involvement policy are provided as needed for various languages. The Parent Involvement policy is reviewed annually with parent input.

• Each Title I school has a current Title I Parent-School Compact. Parent-School compacts are reviewed annually.

• Title I annual parent meetings are held at each Title I building. Documentation of these meetings was provided.

SCHOOLWIDE PROGRAMS

All Title I eligible and served buildings operate as a schoolwide program (see ESEA § 1114). The district uses the schoolwide plans as working documents and shows flexibility by adapting and modifying these plans based on new knowledge of instructional practices and student achievement data. These plans are reviewed and revised annually, at a minimum.

HOMELESS EDUCATION PROGRAM

All public districts must appoint a local homeless liaison to assist homeless students in identifying, enrolling, participating and succeeding in school (ESEA § 1113(c)(3)(C)). The district has designated an appropriate local homeless liaison to assist homeless students. The local homeless education liaison gave an overview of the services offered to students experiencing homelessness. Posters, brochures and other information are distributed throughout the district as part of the homeless awareness effort. Additionally, the homeless education liaison attends many meetings throughout the community and coordinates the homeless program with each of these external organizations. The services allow homeless students to remain in their school of origin when feasible and transportation is available, as needed.

BUILDING ALLOCATION OF FUNDS

Davenport appropriately allocates Title I funds to eligible buildings in rank order of poverty using a per pupil formula (see ESEA § 1113).

TITLE II, PART A

During a review of the district’s reimbursement claim submission for Title II, Part A in Iowa Grants, the Department became aware that Davenport was noncompliant in the use of some Title II, Part A funds. After the Department notified the district of the noncompliance a week before the visit, Davenport immediately took steps to remedy their noncompliance. In addition, Davenport has put in place a plan to avoid future areas of noncompliance in the use of Title II, Part A funds. This plan includes identifying future professional development staff positions that are supplemental in nature and sustainable.

Another area of strength involves the district proactively seeking out the assistance of the Department in terms of equitable services for eligible students in nonpublic schools. The district set up a meeting with the Department to identify the legal requirements the district must meet and how best to address the needs of nonpublic school students. During this conversation, the district staff were engaged and focused on the Department’s recommended processes.

ENGLISH LEARNERS (ELS)

Programming and services for ELs are provided at some buildings. EL teachers interviewed indicated a strong understanding of the unique needs of ELs. The district’s EL director is highly motivated, committed, and works hard to improve services and support for ELs.

Staff are becoming more aware of the “cultural pieces” of ELs and have done a significant amount of training in the area of cultural linguistics.

• The district has worked on the English language proficiency (ELP) modules with conflicting reports about whether or not they have completed the modules.

• The district’s EL director indicated there is a plan in place for new staff coming in to use the modules.


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FAMILY AND COMMUNITY CONNECTIONS

The district consistently translates parent and family materials in three languages: English, Spanish, and Vietnamese.


TITLE I, PART A

REQUIRED ACTION

In the Noncompliance Citations and Required Actions section of this report, there are two noncompliance citations regarding a parent’s right to information (ESEA § 1112(e)(1)). The first citation is in regard to the provision of timely information to parents regarding the professional qualifications of their child’s classroom teachers and, if applicable, paraprofessionals (ESEA § 1112(e)(1)(A)). The district was unable to provide evidence that such information was provided to parents. If a parent or parents request information regarding the professional qualifications of their student’s teachers at the beginning of each school year, the district must provide whether the student’s teacher: has met the appropriate state qualification and licensing criteria for the grade levels and subject areas they are instructing, is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived, and is teaching in the field of discipline in which they are certified. In addition, the district must provide whether the student will be provided services by paraprofessionals and, if so, the qualifications of these individuals.

The second noncompliance citation involves the district requirements related to providing additional information to parents. The district must provide each parent of a child in a Title I school with “timely notice that the student has been assigned, or has been taught for four or more consecutive weeks by a teacher who does not meet applicable state certification or licensure requirements at the grade-level and subject area in which the teacher has been assigned” (ESEA § 1112(e)(1)(B)(ii)).

TITLE II, PART A

About a week before the visit, the Department informed the district they had areas of noncompliance in the submission of their Title II, Part A reimbursement claim. The Department found the district had been funding a district-wide, full-time professional development staff position with Title II, Part A funds for more than 10 years. This use of funds is not allowable as it directly conflicts the supplement not supplant requirement of Title II, Part A (ESEA § 2301). In other words, if the school would otherwise provide these educational services in the absence of federal, state, and/or local funds, it would be considered supplanting and unallowable. When the school is legally bound by contract to provide a certain level of professional development, the school must provide those services regardless of whether Title II, Part A funds were available. It would be considered supplanting to use Title II, Part A funds to provide professional development in place of the services already required to be provided.

In the past, the district has allowed nonpublic schools to use Title II, Part A equitable share towards unallowable professional development activities or activities not based on a needs assessment. The law identifies the type of professional development services nonpublic schools can receive. ESEA section 8101(42)(B) defines professional development activities as “sustained (not stand-alone, one-day, or short-term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused." In addition, all educational services, including equipment and materials, provided to a nonpublic school must be "secular, neutral, and non-ideological" (ESEA § 8501(a)(2)). Based on the information provided from the district, conferences are considered unallowable, and do not meet the definition of professional development under the ESEA.

Additional concerns identified through interviews during the visit were:

• Key administrative staff members did not seem to know how the district determines the use of Title II, Part A towards professional development or class size reduction.

• Additional interviews with staff seemed to indicate district staff were unaware of who attends professional development activities or what determines how professional development activities are chosen.

• High turnover of key staff members results in inconsistent processes to ensure staff receive effective professional development.


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• Key administrative staff members only discussed professional development offered to administrative staff, while mentioning no professional development activities provided to instructional staff.

• Board members seemed to be unaware of the types of professional development staff had received or what process was used to identify those professional development activities.

ELS

English as a Second Language (ESL) teachers observed a lack of concern and understanding of EL needs on the part of general educators and administrators. General educators report having access to the ESL teacher if needed but expressed having very little training in supporting ELs in the mainstream and content area classes. Many staff mentioned cultural linguistics training and the ELP modules but very few principals or classroom teachers were able to articulate what support ELs are entitled to and need.

Most general educators did not articulate how they support ELs in the mainstream (regular class) but offered that they could consult with the ESL teacher as needed. Some mentioned ELP modules and cultural linguistics as the training they have received for supporting ELs in their classrooms.

RECOMMENDATION 6

The accreditation committee recommends that the district provide general educators, content teachers and instructional coaches ongoing substantive practical training in providing instructional support for ELs in the mainstream.

Special education staff and ESL teachers expressed conflicting ideas about the process for working through the identification process for ELs with disabilities.

RECOMMENDATION 7

The accreditation committee recommends that special education staff, EL staff, and administration address the process by which ELs will be properly identified, assessed, and served for both language and disabilities.

The accreditation team also recommends that district leadership take several additional steps to enhance support for ELs.

RECOMMENDATION 8

• Building principals should receive ongoing and substantive training with regard to supporting ELs in the classroom and systematically within each building;

• Building principals should receive ongoing and substantive training with regard to supporting ELs in the classroom and training regarding the civil and educational rights of ELs;

• The district should develop substantive building-level family engagement opportunities to ensure families can participate effectively in their students’ school success;

• Building teams should engage in the intentional and scheduled use of data to improve services for EL students, including student outcomes, teacher delivery of services, and family involvement.

• The district should endeavor to assign the EL director fewer responsibilities, allowing her time to focus more on supporting increased achievement for ELs, especially as it applies to content and mainstream classroom learning and support.

In addition, the accreditation team has some recommendations for assessing the performance of ELs and using additional assessments.

RECOMMENDATION 9

• The district should consider conducting a needs assessment of EL families in order to better engage them in their child(ren)’s success.

• District staff should monitor the academic progress of ELs and ELs length of time in EL programming (considering the number of long terms ELs), then use this data to address student needs and evaluate the current EL programming and level of support given to students.


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• District staff should also continue monitoring ELPA21 data, using this data to address student needs and evaluate the current EL programming and level of support given students.

Davenport schools offer EL services at some buildings but not at others. This is reasonable for newcomers who require intensive English language development when entering a U.S. school for a reasonable period of time.

RECOMMENDATION 10

• The accreditation team recommends that, with the exception of newcomer centers, ELs be served at their home/neighborhood school and a range of support, services, and programming should be offered based on the proficiency levels of students at each site.

Special Education Davenport CSD received an intensive site visit for special education in 2018 and was cited for numerous individual and systemic noncompliance issues. The special education system in the district remains in need of significant systemic repair, though the district has completed correction of all individual noncompliance citations. The special education system cannot be mended without equal attention to the general education program and treatment of both as a system.

Strengths

PROGRESS SINCE INTENSIVE VISIT IN 2018

• Special education district staff and teacher groups described increased meaningful participation of IEP members in decision-making, including building principals, general education teachers, and parents. They credited additional training as a possible contributor to this change. For example, training has emphasized meeting preparation, effective ways to run a meeting and needing a meeting to amend an IEP that will affect a change in service.

• IEP teams have been empowered as decision-makers based upon student’s unique needs, strengths, and services.

• Despite delays, the district has corrected all individuals noncompliance citations from the April 2018 report on deadline.

• District administration worked with MBAEA to find ways to hire as many staff as necessary to provide compensatory education services to students once awarded.

CHANGES IN LEADERSHIP

Many stakeholders attributed changes in leadership to positive improvements in the culture and opportunity to implement changes, for example increased decision making of building leaders and improving relationships with AEA administration.

SPECIAL EDUCATION PROFESSIONAL DEVELOPMENT

Numerous interview groups stated there has been an increase in opportunities relating to special education professional development, for example, cohort trainings which include relevant information such as prior written notice and behavior planning.


CONTINUUM OF SERVICES

Multiple stakeholder groups including district administration, principals, special education administrators, general education teachers, and special education teachers misused basic special education terminology, indicating a lack of understanding of the IDEA principles of continuum of placements, supplementary services, least restrictive environment (LRE), time with general education peers, and access to general education curriculum. For example, district special education administrators and staff frequently stated, “we’re going to provide a full continuum in every building next year.” This demonstrated confusion and a lack of common understanding of what is meant by


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“continuum” and how the Davenport CSD will provide “a full continuum,” as the IDEA definition of continuum of alternative placements could not feasibly be available in every building (see 34 C.F.R. § 300.115). Building principals, general education teachers, special education teachers, and paraprofessionals also described a wide range of practices that were “allowed.” Some described that they could only “push-in.” Others reported that students with certain characteristics had to be served in Life Skills classrooms, which meant students had limited—if any—instruction aligned to grade-level Iowa Academic Standards. Others reported that students were receiving a variety of services, in a variety of locations, based upon the individual’s needs.

The District Developed Service Delivery Plan (DDSDP) does nothing to alleviate confusion or support accurate decision-making. For example, it states:

It is important to note that “placement” is not the same as “location” in the context of special education, but rather indicates the types of services needed by the student. Therefore, a change in placement does not necessarily indicate a change in school building or even classroom. However, some district-level programs may not be offered in all buildings.

The italicized language is formally correct, but without broader context is subject to misinterpretation. According to the Office of Special Education Programs (OSEP), a placement decision contains three parts: “the education program set out in the student's IEP, the option on the continuum in which the student's IEP is to be implemented, and school or facility selected to implement the student's IEP” (Letter to Fisher, 21 IDELR 992 (OSEP, 1994, p. 3).6 While placement and location are not synonymous, they are tightly bound to each other. IDEA defines a continuum of alternative placements as “instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions” (34 C.F.R. § 300.115(b)(1)). These are locations in terms of a physical construct or setting. The section goes on to state that the continuum must “make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement” (34 C.F.R. § 300.115(b)(2)). Thus, the continuum of alternative placements must take into account the physical type of placement (i.e., regular class, special class, special schools, home instruction, instruction in hospitals and institutions), as well as the services that are necessary for the learner to be successful in that placement.

Colliding with the misunderstanding and misapplication of the continuum of services was a misunderstanding and misapplication among interviewees of LRE, access to the general curriculum, and time spent with peers without disabilities. The LRE refers to the place where a student learns and progresses. Many mistakenly equate LRE with either a regular class placement or at least 80% time with general education peers. While there is a presumption in IDEA that placement decisions begin with a consideration of regular class placement in the same school where the student would attend if they did not have a disability, there is also a presumption that some students may learn better in other types of settings. This means that for some students a more segregated setting may be those students’ LRE.

Access to the general curriculum should occur in any placement setting. While the IEP must include any needs the individual may have because of the individual’s disability, it must also include how the individual will be involved and progress in the general education curriculum (i.e., the same curriculum as for children without disabilities). In Iowa, the general education curriculum for all students is the Iowa Academic Standards (also known as the Iowa Core). The DDSDP does not clearly articulate this expectation for all special education students. Instead, it states: “In some cases, the severity of a student’s disability or the extent of the student’s discrepancy in skill level makes accessing the Iowa Core Curriculum instruction at grade-level unfeasible and attempts to do so counterproductive.”

The above statement is incorrect. Iowa’s Essential Elements, used with students who are on the alternate assessment, are directly linked to the Iowa Academic Standards. The Iowa Essential Elements are specific statements of knowledge and skills linked to grade-level Iowa Academic Standards. The Iowa Essential Elements are intended to describe challenging expectations for students with significant cognitive disabilities.

It is the IEP team’s responsibility to consider all of these concepts as the IEP is developed. A lack of shared, accurate understanding of basic IDEA principles inhibits good decision-making and may result in a denial of FAPE. A more detailed example of ways that misapplication of basic IDEA principles occurred is provided in the next section: Life Skills.

6 https://www.scribd.com/document/80618691/Letter-to-Fisher

https://www.scribd.com/document/80618691/Letter-to-Fisher


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REQUIRED ACTION

The district has begun work to address understanding of IDEA principles of continuum of placements, supplementary services, least restrictive environment (LRE), time with general education peers, and access to general education curriculum. This work must be continued to completion, upon which the expectation is that all certified staff–both general and special education–will have received adequate training on these concepts. The district must also revise the DDSDP with broad parent and community involvement and submit to the Department for approval prior to local board adoption. Particular attention should be paid to distinguishing placement and services needed for support. Eliminate any references to separate curriculum and specifically, remove any references to Life Skills. The district must use the clarified DDSDP to provide professional development on proper application of the concepts for general and special education staff.

LIFE SKILLS

As part of its continuum of services/placements, the Davenport CSD offers what they refer to as “Life Skills” programming. According to interviews and documentation provided by the Special Education Department, there are three levels of Life Skills programming: mild, moderate, and significant. Based on a review of documents provided by the district regarding the curriculum, schedules, and general make-up of these classrooms, as well as a review of IEPs for students served in this level of programming, there are concerns about the appropriateness of the programming for the identified students. Instruction in these classrooms appears to lack alignment to universal instruction. Most students are not provided the opportunity to participate in instruction that aligns to the Iowa Academic Standards for their grade-level. Additionally, the life skills classes and programming do not address Iowa’s Academic Standards and alignment to the general education curriculum; therefore, students may not be provided access to the general education curriculum. Documents reviewed, including classroom schedules and curriculum materials, were not reflective of the Iowa Core Standards by grade-level or content areas. Rigor and relevance to support student learning also were not evident.

There appears to be insufficient data to warrant the level of placement or programming for many of the students served in the Life Skills classrooms. Documented data (e.g., IEP goals, adaptive behavior, learning needs) do not support a significant cognitive impairment, which might warrant curriculum alignment with Iowa’s Essential Elements and a need for more intensive supports. While LRE percentages reflect time with general education peers, most students are not receiving any of their core instruction with general education peers. This is concerning, especially considering the young age of many of these students. Once students are placed in this level of programming, it is unclear how current performance levels and needs are measured in comparison to general education core curriculum and whether there is any preparation or opportunity for reintegration into general education classes. A review of students in “Life Skills” by Mississippi Bend AEA (MBAEA) staff identified 170 students in the mild Life Skills programs who need reevaluations to determine appropriateness of placement. MBAEA has begun the process of re-evaluating these 170 students.

REQUIRED ACTION

The district and AEA must continue the review and reevaluation of students and closely monitor the use of the Life Skills programs for appropriate use.

EARLY CHILDHOOD SPECIAL EDUCATION SERVICES

The district-initiated changes to ensure an IEP team developed and implemented special education services, activities, and accommodations based upon the academic, developmental, and functional needs of each student. However, for preschool students under five years of age, it was reported that the district did not allow an IEP team to consider providing more than 10 hours of service in a general education environment unless another funding source supported the additional hours. The district’s policy and practice may have prevented an IEP team from proposing the provision of services beyond 10 hours per week for preschool students.

Special education instructional funds generated through the supplemental weighting plan may be used to provide special education instructional services based on individual needs as determined by the IEP team. These funds may be used to pay tuition, transportation, and other necessary special education costs, but shall not be used to provide childcare.

Thus, IEP teams may have restricted the provision of FAPE to preschool students that needed more than 10 hours of special education instructional services to address their academic, developmental, and functional needs.


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PLACEMENTS FOR PRESCHOOL STUDENTS

While the district had reversed requirements in making decisions about programming for school-aged students eligible for special education, the district did not address the determination of educational placements of preschool children identified as eligible for special education while participating in a general education environment. Whereas, the district had developed a plan to serve school-age children in general education environments, special education instructional services were provided in one of two locations for preschool children.

The restriction of services being provided in one of two locations did not provide the IEP team with the opportunity to propose providing the special education services, supports, and supplemental aids in the setting in which the child attended when not identified as an eligible individual for special education.

IDEA presumes the IEP team consider services in the general education program in which the child does or would attend without a disability. Therefore, in determining the placement for a child with a disability who already participates in a preschool program, the team must consider whether the district, in collaboration with the preschool program, can ensure the child would receive the special education, support and related services, and supplementary aids in the setting the child was attending.

Additionally, the consideration of providing services in preschool programs located throughout the district may support the reported concerns with the capacity to maintain the requirements of ratios and maximum class size for a general education environment for preschool.

REQUIRED ACTION

The district must include services for students receiving ECSE in the revision of the DDSDP, making it clear that students in preschool can be served in the program they already attend, and that this is a first consideration for the IEP team.

The district must also review the IEPs for all students currently participating in ECSE to ensure that their placement and services are appropriate. If any substantive deficiencies in the IEPs are found that resulted in a denial of FAPE, the district is also required to determine if compensatory education is owed.

PRESCHOOL PROGRAM STANDARDS

The district has the responsibility for ensuring all of the district’s preschool sessions, including community programs operating Statewide Voluntary Preschool Programs, have and continue to meet the Department’s approved preschool program standards. However, the district’s process to support the preschool programs within the district and with community partner sites is not clearly understood by district leadership and building-level administration. It was evident in the CASA Preschool Desk Audit, as well as in various interviews, that the district does not understand their responsibility in ensuring the successful implementation of the preschool program standards with district-operated preschool programs and selected community partners. For example, as of March 14, 2019, the district’s CASA Preschool Desk Audit was not complete and remains in “State Reviewed: Action Required” status. More specifically, the district’s desk audit did not address their community partners nor meet any of the 10 indicators.

Additionally, it was evident from various interviewees that the current structure has not established a means for district and building leadership to collaborate in order to support the preschool programming such as professional learning, child assessments, or instructional practices.

The district’s general education and special education personnel have not established shared decision-making or responsibility of the ongoing supports and services. The district and building leadership expressed a desire to become involved in the district’s preschool program, including the community partners, to ensure all children receive the appropriate special education instructional services and general education programming.

RECOMMENDATION 11

Special education teachers, relevant general education teachers, building administrators and district staff should ensure appropriate grade-level alignment and access to the Iowa Core Academic Standards.


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Finance Procedure, Purpose, and Findings The finance team visited Davenport CSD for a Phase II visit beginning February 5, 2019 to review the financial status of the district.

Procedure and Purpose The Department has established a continuum of fiscal review, which builds on previous studies. Typically, a fiscal desk audit review builds on the information included in the financial section of a recent feasibility study conducted by the Department, a Phase I on-site fiscal review builds on a recent desk audit review or recent feasibility study, and a Phase II on-site fiscal review builds on the information included in a recent fiscal desk audit review or Phase I on-site fiscal review conducted by the Department. However, in the case of the Davenport CSD, the district has not had a recent feasibility study, desk audit review, or Phase I on-site visit. With that, aspects of each of these processes were incorporated into this fiscal review, which was conducted in conjunction with the Phase II accreditation visit. The purposes of a fiscal review held in conjunction with a Phase II accreditation visit are to:

• Determine whether the district is viable both in its educational program requirements and in its financial condition.

• Determine, to the extent possible, if the financial records and report on which the board or corrective action plan relied were accurate.

• Determine if the corrective action plan as submitted, or adjusted from other records, would accomplish a return to a positive unspent balance in the near future and remain positive into future years.

• Ensure to the extent possible that the district is not jeopardizing its accreditation status through its corrective action plan activities.

• Determine costs of any improvements required on the accreditation/program side to determine if the district will be fiscally viable after correcting those issues.

• Establish a basis on which to recommend any changes to accreditation status to the State Board for consideration.

Data and Information Reviewed

Data and information from reports generated by the Department, the Iowa Department of Management, and the district were used to inform findings. The following illustrates the types of information reviewed by members of the Department’s Bureau of Finance, Facilities, Operation, and Transportation Services staff, four of which participated in the on-site portion of the review.

DESK AUDIT REVIEW

• Unspent authorized budget (UAB) history • District-submitted corrective action plan(s) • Comparisons to area and similarly-sized (peer) districts • Enrollment history and projections • Staffing history • General fund financial data (certified annual report [CAR]) • Audits • Board minutes

ON-SITE MATERIALS

• Contracts and agreements • General ledger • District-generated fiscal reports


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• District Finance Department procedures

As questions arose while on-site, clarification was sought through conversations with the Chief Financial Officer and other finance department staff.

History The Davenport CSD’s unspent budget authority was generally steady and positive, averaging $8.1 million for fiscal years 2012 through 2015, prior to becoming negative (exceeding its statutory spending authority, per Iowa Code section 257.7) in fiscal year 2016. The district was, again, negative in fiscal years 2017 and 2018. As required by 289—IAC 6.5(3), the district submitted board-approved corrective action plans to the SBRC following each year for which it ended with negative authority. The negative unspent balance in fiscal years 2018 and 2017 were each higher than the negative balance in the preceding fiscal years, indicating that the district did not make progress on its corrective action plans. The SBRC has not granted a modified supplemental amount (MSA) to the district to assist in reaching a positive unspent balance.

Table 1. Davenport CSD Unspent Budget Authority

Fiscal Year General Fund Spending Authority General Fund Expenditures Unspent Authorized Budget (UAB)

FY12 $178,302,626 $169,399,139 $8,903,487

FY13 $175,777,999 $165,004,324 $10,773,675

FY14 $178,203,684 $170,417,772 $7,785,912

FY15 $188,448,099 $180,393,362 $8,054,737

FY16 $189,752,477 $192,159,099 $-2,406,622

FY17 $190,023,148 $194,079,490 $-4,056,342

FY18 $186,873,273 $198,796,986 $-11,923,713

The SBRC has not ordered a fiscal review; however, on November 14, 2018, the State Board unanimously ordered the Department to complete a Phase II accreditation visit of the district, including a fiscal review component.

Recent Negative Unspent Balances and Modified Supplemental Amount

The district incurred its first year of a negative unspent balance at the end of fiscal year 2016 of $2,406,662. The district requested a MSA for the 2016-2017 school year in the amount of $1,643,236 as part of its corrective action plan. This request was denied by the SBRC.

The district incurred its second consecutive year of a negative unspent balance at the end of fiscal year 2017 of $4,056,342. The district requested a MSA for the 2017-2018 school year in the amount of $4,056,342 as part of its corrective action plan. Initially, no action was taken by the SBRC regarding this request; the district was directed to provide a progress report on its corrective action plan. The SBRC later approved the district’s corrective plan but denied the request for MSA.

The district incurred its third consecutive year of a negative unspent balance at the end of fiscal year 2018 of $11,923,713. Initially, the district did not request a MSA for the 2018-2019 school year as part of its corrective action plan. The corrective action plan was approved at the December 2018 SBRC hearing and the district was directed to return to the March 2019 hearing with a progress report of its efforts to implement the corrective action plan.

Negative Unspent Balance in Context

A district’s general fund spending is limited by the state of Iowa to the lesser of its certified budget or maximum authorized budget. This limit is referred to as spending authority. The UAB is the amount of spending authority


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remaining at the end of a fiscal year. Carrying a negative unspent balance (exceeding spending authority) is unlawful.

The unspent authorized budget remaining at the end of a fiscal year is added to the spending authority generated for the next fiscal year, resulting in the new maximum authorized budget. Thus, when a district has exceeded its spending authority, a district must account for this amount in the next fiscal year’s budget as part of its maximum general fund spending.

Corrective Action Plans by Fiscal Year of Negative Unspent Balance

2015-2016

In December 2016, for FY17, the district stated it was offering an early retirement incentive, revising out of district open enrollment procedures, reducing department budgets by 10%, closing a K-8 school, relocating the East Locust alternative program, and reducing administrators and staff at the Central Office. For FY18, the district indicated administration and staff structural changes, teacher position reductions, non-teacher position reductions, transportation efficiencies, elimination or intent to find funding for new programs and expense accounts. In total, these changes were anticipated to result in $7,890,000 in budget reductions. In his presentation to the SBRC, the district’s superintendent indicated that he would expend, “an additional $175 per student above that which is authorized by SSA [supplemental state aid],” thus excluded this amount for purposes of the corrective action. The district calculated this amount as equal to $2,769,077.50 using FY16 and $2,765,227.50 using FY17 certified enrollment values (15,823.5 and 15,801.3, respectively).

The district’s projections reflected unspent balances of -$6,733,949 for FY17 and -$15,213,139 for FY18.

2016-2017

In its second corrective action plan in December 2017, the district identified the following areas of consideration to reduce expenditures for FY18 through FY22: increase class size at all levels; consider having a system of K-6, 7-8 and 9-12 schools; repurposing schools; shared leadership teams to manage a sector of schools; increase walk zones to maximum allowed by the state; cap salary increases to match SSA; change bell times to maximize use of buses; centralize course offerings at high school; reduce number of work days for administrators through contracts or furloughs; review talented and gifted (TAG), nurse, counselor, and teacher-librarian positions; review all administrative positions in the district; study potential for savings through outsourcing; consider changes in the Mid-City staffing model; and increase hours per day and reduce the number of school days to save on transportation. The district indicated additional reductions of $2 million in FY18 and FY19 over the previous corrective plan, for a total of $12,742,858. After accounting for an overstatement in the Regular Program Budget Adjustment, the district was projected to have an unspent balance of -$4,871,370 for FY18 and -$4,834,822 for FY19. The SBRC directed the district to resubmit its corrective plan with sufficient reductions to end FY19 with a positive unspent balance.

In March 2018, the district provided a revised corrective action plan including $15.6 million in reductions through FY19. The following were specified as planned reductions: staff reductions for administrators, certified and non-certified staff (46.5 FTEs over two years); finding transportation routing efficiencies; changing bell times to maximize use of buses; increase class sizes at the elementary, intermediate, and high schools; look at opportunities to establish administrative teams to lead groups of schools; increasing energy efficiencies through retro commissioning of all buildings; offering an early retirement incentive; delaying textbook purchases; implementing insurance holidays; 5% across the board reduction in department and site budget; and identifying general program expenditures that are eligible to be transferred to a different fund. The SBRC directed the district to appear in October 2018 to provide a progress report on its corrective plan.

The district presented a progress report in October 2018 on its corrective plan for the negative balance incurred for 2016-2017, indicating that it had realized just over $5.6 million in its planned reductions in FY18. Two insurance holidays accounted for approximately 43% of this amount. There were also two large impacts to FY18 expenditures: $697,156 previously allocated to special education that had to be reallocated to non-categorical general fund expenditures as a result of special education visit findings and a $4.7 million downward audit adjustment in the general fund following the district’s FY17 audit.


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2017-2018

In its third corrective action plan submitted to the SBRC in December 2018, the district identified the following areas of consideration to reduce expenditures for FY19 and FY20: reductions in certified, classified, and administrative services staff; implementation of insurance holiday; realignment of at-risk/dropout prevention staff; reduction of transportation routes; early retirement program; reduction of department and building discretionary budgets; and energy efficiency savings. Total reductions were estimated at $13,793,000. The district was projected to have an unspent balance of -$7,986,284 for FY19 and $1,083,415 for FY20. The SBRC directed the district to appear in March 20197 to provide a progress report on its corrective plan.

District Audit Comments and Findings Independent Auditor’s reports for the five most recently completed fiscal years were reviewed for comments and findings related to Davenport CSD’s programs and fiscal processes. For the audits reviewed, each audit noted material weaknesses and compliance and statutory items. The district also had one finding and recommendation pertaining to major programs, which is a federal program identified as a major program by an entity’s auditor or a Federal or pass-through entity. Auditors determine major programs by using a risk-based approach that includes expenditures of the program, consideration of current and prior audit experience, oversight by Federal and pass-through entities and the inherent risk of the federal program. The FY15 audit report identified that the district did not conduct an assessment of local needs for professional development and hiring, as required by ESEA section 21.22(c) in the Improving Teacher Quality State Grants (CFDA 84.367) federal program.

Audits prior to FY17 noted that material audit adjustments were required in FY14, FY15, and FY16; assistance in the preparation of the financial statements was needed in FY15 and FY16; and the district had insufficient reconciling and monitoring activities over cash in FY17. The reports for FY14, FY15, and FY16 were completed by Eide Bailly, LLP.

The FY17 audit noted the district had insufficient reconciling and monitoring activities over cash accounts, accounts receivable, and revenue. Also, insufficient processes to identify and record capital assets were noted, including the retainage payable, accounts payable, and accrued liabilities. Although the corrective action plan provided to the auditor by the district indicated these would be corrected in FY18, these items were repeated in the FY18 audit report. The reports for FY17 and FY18 were completed by Bohnsack and Frommelt, LLP.

The FY18 audit noted insufficient reconciling and financial reporting processes and noted there were material adjustments made to district records after the FY18 CAR was submitted. The district posted three million dollars of journal entries for revenue, expenditures and year-end accrual adjustments after the CAR submission, resulting in an increased fund balance of over $2 million. The district posted approximately $12 million and $13.1 million of journal entries to the capital assets and long-term debt respectively after the CAR was submitted.

The audits also reported numerous compliance and statutory items. Audits indicated the district exceeded spending authority in FY16, FY17, and FY18; exceeded at least one of four budget areas prior to amending the budget in FY15, FY16, and FY17; and had variances in reporting certified enrollment all five years, resulting in CAR adjustments in all years except FY17. Additionally, the FY14, FY15, and FY16 audits reported that some categorical funds may have been used for unallowable purposes.

Fiscal and Operational Data Analysis

Current and Historical Student Enrollment

This section includes summary of student enrollment information, which is the primary driver of school funding. Detail is provided on current, historic, and projected certified enrollment values, which is the value used for budgeting purposes. Additional detail is provided on open enrollment out, open enrollment in, and information on special populations.

7 The district did provide an update of its progress to the SBRC in March 2019 as directed.


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Certified enrollment represents the full-time equivalent (FTE) of students living within the district’s boundaries. A district’s certified enrollment includes students who attend the resident district’s schools, students who attend in another district through open enrollment or a tuitioned-out situation, nonpublic school students who attend part-time in the district’s schools, and home schooled students who attend a district’s HSAP or participate in the district’s educational program through dual enrollment. Certified enrollment for all Iowa school districts can be found on the Department’s website.8 For FY19, Davenport CSD had the third largest certified enrollment in the state. For purposes of this report, a “peer group” was selected based on this enrollment, as noted in Table 2.

Table 2. Certified Enrollment and State Rank - Peer Districts

District FY19 Certified Enrollment Certified Enrollment State Rank

Des Moines 32,788.80 1

Cedar Rapids 16,963.20 2

Davenport 15,053.70 3

Sioux City 14,569.60 4

Iowa City 14,285.00 5

Table 3 below reflects certified enrollment values from FY14-FY19 for the peer group noted above. The percent change in enrollment over this time period is also provided. During this period, Davenport CSD has experienced the greatest percentage enrollment decline (-5.8%), while Iowa City CSD experienced the greatest enrollment increase (+8.6%).

Table 3. Certified Enrollment History – Peer Districts

District FY14 FY15 FY16 FY17 FY18 FY19 Percent Change FY14-19

Des Moines 32,413.2 32,396.1 32,581.9 32,979.2 33,057.4 32,788.8 1.2%

Cedar Rapids 16,864.7 16,842.3 16,939.3 17,091.7 17,129.4 16,963.2 0.6%

Davenport 15,981.1 15,823.3 15,801.3 15,490.0 15,233.5 15,053.7 -5.8%

Sioux City 14,132.2 14,331.6 14,614.8 14,504.0 14,522.9 14,569.6 3.1%

Iowa City 13,159.9 13,328.0 13,671.2 13,981.6 14,197.5 14,285.0 8.6%

FY19 certified enrollment data for six districts in Davenport CSD’s area, five of which are contiguous, have also been selected for additional comparison. The following table lists these districts, which vary greatly in enrollment.

Table 4. Certified Enrollment and State Rank – Area Districts

District FY19 Certified Enrollment Certified Enrollment State Rank

Bennett 207.3 328

Bettendorf 4,185.3 23

Durant 555.3 206

Muscatine 4,894.0 18

North Scott 3,077.3 31

Pleasant Valley 5,036.7 19

8 See the Resources section.


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As compared to its area districts, Davenport CSD’s certified enrollment decline is the second highest, with Muscatine CSD experiencing the greatest percentage drop (-8.4%). Pleasant Valley CSD experienced the greatest enrollment increase (+17.4%).

Table 5. Certified Enrollment History – Area Districts


Bennett 194.3 190.3 187.3 186.0 187.1 207.3 6.7%

Bettendorf 4010.9 3983.3 4056.9 4134.1 4100.0 4185.3 4.3%

Durant 565.6 577.5 571.6 580.7 563.1 555.3 -1.8%

Muscatine 5344.4 5328.4 5170.0 5084.2 4935.8 4894.0 -8.4%

North Scott 2948.9 3046.3 3078.2 3062.1 3035.1 3077.3 4.4%

Pleasant Valley 4288.6 4386.1 4531.8 4745.5 4922.4 5036.7 17.4%

Certified Enrollment Projection

The Department generates certified enrollment projections each year. The table below shares the projected percentage increase or decrease for each of the peer districts and area districts. Davenport CSD is projected to continue incurring a net decrease in enrollment from FY20 through FY23. One of Davenport CSD’s peer districts has a negative enrollment projection, while two of the area districts also have negative enrollment projections.

Table 6. Certified Enrollment Projections by Peer Group and Area Districts

District FY20 FY21 FY22 FY23 FY20-23

Peer Group

Des Moines 0.3% 0.3% 0.7% 0.1% 1.1%

Cedar Rapids -0.3% -0.1% -0.1% 0.3% 0.2%

Davenport -1.1% -1.3% -1.1% -1.7% -4.0%

Sioux City 0.0% 0.2% -0.4% -0.4% -0.6%

Iowa City 1.0% 1.2% 0.8% 0.8% 2.7%

Area Districts

Bennett 0.2% -0.5% -0.8% 0.0% -1.2%

Bettendorf 0.7% 0.6% 0.2% 0.9% 1.7%

Durant 1.9% -0.3% 1.7% -0.3% 1.1%

Muscatine -1.7% -1.5% -3.2% -1.9% -6.5%

North Scott -0.2% 0.5% 0.8% 0.1% 1.4%

Pleasant Valley 2.4% 2.5% 2.6% 1.5% 6.7%

Served Enrollment

Served enrollment includes students who attend the resident district’s schools, students who attend in the district through open enrollment or a tuitioned-in situation, nonpublic school students who attend part-time in the district’s schools, and home schooled students who attend a district’s HSAP program or participate in the district’s


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educational program through dual enrollment. Since this enrollment reflects students actually attending the district’s schools, it is a useful indicator for determining district staffing needs.

The table below reflects served enrollment values from FY14-FY19 for the peer group. The percent change in enrollment over this time period is also provided. During this period, Davenport CSD has experienced the greatest percentage served enrollment decline (-6.2%), while Iowa City CSD experienced the greatest enrollment increase (+9.1%).

Table 7. Served Enrollment History – Peer Districts

District FY14 FY15 FY16 FY17 FY18 FY19 Percent

Change FY14-19

Des Moines 31,457.8 31,604.6 31,815.8 32,135.7 32,321.6 32,023.2 1.8%

Cedar Rapids 16,201.8 16,100.8 16,157.3 16,210.2 16,196.8 15,968.6 -1.4%

Davenport 15,598.7 15,348.1 15,299.0 15,007.6 14,784.4 14,625.0 -6.2%

Sioux City 13,831.7 13,986.5 14,273.3 14,182.3 14,197.3 14,242.1 3.0%

Iowa City 12,889.5 13,033.6 13,322.0 13,625.5 13,926.0 14,064.4 9.1%

As compared to its area districts, Davenport CSD has experienced the second largest served enrollment decline, with Muscatine CSD experiencing the greatest percentage drop (-9.8%). Pleasant Valley CSD has experienced the greatest enrollment increase in served enrollment (+15.8%).

Table 8. Served Enrollment History – Area Districts


Bennett 73.0 81.0 70.0 63.1 61.2 69.0 -5.5%

Bettendorf 4,400.1 4,412.8 4,556.0 4,613.8 4,558.5 4,674.6 6.2%

Durant 674.7 674.6 663.7 665.8 646.1 637.3 -5.5%

Muscatine 5,254.6 5,236.1 5,040.9 4,959.3 4,807.4 4,738.1 -9.8%

North Scott 2,986.2 3,104.7 3,135.6 3,144.3 3,133.1 3,153.4 5.6%

Pleasant Valley 4,231.1 4,345.4 4,455.5 4,648.9 4,810.9 4,898.3 15.8%

Davenport CSD’s served enrollment and certified enrollment losses (-6.2% and -5.8%, respectively) indicate the district has experienced a slight increase in students choosing to enroll in another district over the overall rate of declining enrollment of resident students.

Open Enrolled Out versus Total Enrollment

The table below reflects the percent of resident students that elected to open enroll out of the district versus the total enrollment for each of the peer and area districts. There are five districts in Iowa that enforce a voluntary diversity plan when considering open enrollment requests under Iowa Code section 282.18. Both Davenport CSD and Des Moines Independent CSD are among these districts.


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Table 9. Percentage of Resident Students Open Enrolled Out by Peer Group and Area Districts

District FY14 FY15 FY16 FY17 FY18 FY19

Peer Group

Des Moines 4.5% 4.7% 4.4% 4.4% 4.4% 4.4%

Cedar Rapids 5.9% 6.2% 6.8% 7.1% 7.5% 7.8%

Davenport 3.0% 2.9% 3.4% 3.6% 3.6% 3.4%

Sioux City 3.4% 3.5% 3.6% 3.7% 3.6% 3.7%

Iowa City 3.1% 3.0% 3.0% 3.1% 3.1% 2.9%

Area Districts

Bennett 29.6% 26.9% 24.9% 28.5% 31.7% 29.3%

Bettendorf 5.4% 5.4% 5.3% 5.6% 5.7% 6.4%

Durant 4.1% 4.4% 5.2% 4.4% 5.5% 5.9%

Muscatine 2.8% 2.7% 2.8% 3.2% 3.3% 3.4%

North Scott 2.0% 2.5% 2.3% 2.5% 2.1% 1.9%

Pleasant Valley 7.9% 7.6% 7.3% 7.6% 7.6% 7.8%

Net Open Enrollment

The following table displays net open enrollment for each of the peer and area districts. Net open enrollment is the difference between the number of students that open enrolled in and the number that open enrolled out of the district.

Table 10. Net Open Enrollment – Student Count by Peer Districts and Area Districts


Peer Districts

Des Moines -928.4 -780.5 -770.1 -842.5 -752.8 -773.6

Cedar Rapids -692.9 -776.5 -822.0 -911.5 -957.6 -1,014.6

Davenport -393.4 -472.2 -495.3 -475.4 -434.1 -424.7

Sioux City -336.5 -372.1 -378.5 -355.7 -362.6 -358.5

Iowa City -269.4 -292.4 -332.2 -357.1 -272.5 -227.6

Area Districts


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Bennett -42.3 -39.3 -47.3 -55.9 -49.9 -55.3

Bettendorf 392.2 432.5 499.1 481.7 457.5 489.3

Durant 54.1 53.1 50.1 52.1 45.0 47.0

Muscatine -85.8 -89.3 -122.1 -116.9 -124.4 -151.9

North Scott 44.3 60.4 57.4 80.2 94.0 72.1

Pleasant Valley -56.5 -41.7 -76.3 -93.6 -108.5 -132.4

District Staffing Levels

2017 and 2018 fall BEDS staff data were reviewed to identify recent staffing changes within Davenport CSD. Staffing comparisons for the district are displayed in the following table.

Based on the reported data, for the 2018-2019 school year the district eliminated long-term substitute positions and decreased regular classroom teacher FTEs by 14% from the previous year. Content curriculum consultant FTEs were reduced by 16% while day care workers were reduced from 17 to four (-77%). Security personnel increased from 26.3 to 38.6 (+47%).9

Table 11. 2017 and 2018 Fall BEDS Staff - FTEs by Position

Position Fall 2017 Fall 2018 Percent Change

Assistant Principal 20.00 17.72 -11.4%

Board Secretary 1.00 1.00 0.0%

Content/Curriculum Consultant 32.00 27.00 -15.6%

Counselor 43.20 44.20 2.3%

Day Care Worker 17.05 4.00 -76.5%

Dietician 0.75 0.75 0.0%

Director/Coordinator/Department Head 6.50 6.50 0.0%

District Wide Administrative Support 66.53 69.53 4.5%

Early Childhood Regular Education Teacher 43.33 46.33 6.9%

Early Childhood Special Education Teacher 7.00 8.00 14.3%

Food Service 108.44 107.96 -0.4%

HR/Personnel Manager 2.00 2.00 0.0%

Long-Term Substitutes 8.00 0.00 -100.0%

Non-administrative SAM 14.00 13.00 -7.1%

9 At its July 3, 2018 hearing, the SBRC granted Davenport CSD’s request for MSA for the 2018-2019 school year in the amount of $1,129,034 to begin an Enhanced School Security Program. This amount was to provide two resource officers, a district security specialist, and 18 campus security supervisors.


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Position Fall 2017 Fall 2018 Percent Change

Nurse 19.38 19.04 -1.8%

Nurse (No BOEE Folder) 4.00 5.00 25.0%

Operations and Maintenance 138.44 133.88 -3.3%

Operations Director 1.00 1.00 0.0%

Other Administrator 3.00 4.00 33.3%

Other Professional 19.00 19.00 0.0%

Other Support 46.38 48.88 5.4%

Paraprofessionals/Aides 400.09 406.39 1.6%

Principal 27.00 27.00 0.0%

Project Lead the Way Teacher 0.50 1.50 200.0%

Regular Education Teacher 1022.04 875.42 -14.3%

School Administrative Support 59.00 60.00 1.7%

School Business Official 1.00 1.00 0.0%

Security 26.31 38.56 46.6%

Social Worker 2.00 2.00 0.0%

Special Education Support 3.00 3.00 0.0%

Special Education Director 1.00 1.00 0.0%

Special Education Teacher 263.12 266.72 1.4%

Specialist 2.00 2.00 0.0%

Student Support 1.00 1.00 0.0%

Superintendent 1.00 1.00 0.0%

Supervisor - Non-Licensed 24.00 23.00 -4.2%

Teacher Leader 40.82 51.59 26.4%

Teacher Librarian/Media Specialist 20.50 18.50 -9.8%

Technology 12.00 13.00 8.3%

Technology Support 8.00 7.00 -12.5%

Total Staffing FTEs 2,515.37 2,378.46 -5.4%

An analysis of staffing changes at the school-level within Davenport CSD (subset of the totals above) was also completed. After removing the staff positions assigned at the district-level and summing across all schools within the district, the following positions showed at least a 10% change from the 2017-2018 school year to the 2018-2019 school year:

• Content/curriculum consultant (-30%, from 10 to 7) • Day care worker (-73% from 15 to 4) • Early childhood regular education teacher (+7%, from 43 to 46)


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• Early childhood special education teacher (+14%, from 7 to 8) • Long-term substitutes (-100%, from 8 to 0) • Nurse, no BOEE folder (+25%, from 4 to 5) • Other administrator (+100%, from 1 to 2) • Project Lead the Way teacher (+200%, from 0.5 to 1.5) • Regular education teacher (-14%, from 1,007 to 866) • Security (+56%, from 22 to 34) • Teacher librarian/media specialist (-10%, from 20.5 to 18.5)

Elementary Class Size

Course information from the fall 2018 SRI collection was used to analyze elementary class sizes for Davenport CSD, peer districts, and area districts, with the goal of identifying average class size by school and by grade-level. Sections were eliminated for classes identified as having the same teacher and serving multiple grade levels. These included homerooms where all students were identified as having IEPs (special education) or classrooms arranged as multi-age classrooms (n = 70, or 2% of similar sized districts). Sections of preschools with the same teacher folder number were not eliminated if the students were different.

Five districts include grade six in their elementary schools. Since Davenport CSD defines its elementary schools as preschool through grade five, grade six was not included in the comparisons. With exception of Durant CSD and Bennett CSD, the comparison districts offer at least 10 sections per grade-level and graphically appear to be more similar than different. Bennett has one section for each grade-level, while Durant CSD offers either two or three sections per grade-level.

Table 12. Elementary Class Size by District – Fall 2018 by Peer Group and Area Districts

District PK KG 1 2 3 4 5 Overall Average

Peer Group

Cedar Rapids 15.1 19.6 21.9 21.5 23.6 23.8 25.2 20.9

Des Moines 16.3 20.6 20.8 20.8 21.6 21.1 21.6 20.5

Davenport 13.6 22.0 18.3 20.2 19.2 20.0 20.3 18.8

Sioux City 14.4 20.6 20.5 22.6 22.3 24.0 23.5 20.9

Iowa City 13.4 20.3 19.0 19.7 22.2 21.4 22.4 20.0

Area Districts

Bennett 7.0 11.0 8.0 11.0 4.0 15.0 12.0 9.7

Bettendorf 17.8 22.9 22.7 21.2 24.7 26.9 27.5 23.3

Durant 21.5 13.3 17.5 17.3 14.7 22.0 17.2

Muscatine 16.4 20.0 18.6 19.8 22.4 23.2 24.5 20.6

North Scott 27.0 18.6 21.1 20.2 20.2 21.9 24.4 21.4

Pleasant Valley 15.6 21.2 22.8 21.9 22.9 24.3 24.6 21.9


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Davenport Elementary Schools

Below is an analysis of the average class size by grade-level, excluding prekindergarten, in each of the Davenport CSD’s elementary schools. The standard deviation was calculated for each grade-level, kindergarten through grade five. The highlighted cells are the schools with average class size that are more discrepant from the other elementary schools within the district. Schools with an average class size below one standard deviation are highlighted in yellow. Schools with an average class size above one standard deviation are highlighted in blue.

Table 13. Davenport District Elementary Class Size by School – Fall 2018

Elementary School KG 1 2 3 4 5 Overall Average

Adams 21.8 18.8 18.3 20.3 22.5 22.4 20.7

Blue Grass 21.0 22.0 23.0 19.0 18.5 27.0 21.5

Buchanan 21.0 16.3 21.5 20.0 18.0 19.0 18.9

Buffalo 21.5 21.0 25.0 27.0 20.0 23.5 22.2

Eisenhower 22.7 16.8 24.3 19.3 24.7 20.3 20.4

Fillmore 23.0 19.7 19.3 19.7 21.7 18.7 20.5

Garfield 23.7 22.3 22.7 24.3 21.7 19.0 22.3

Harrison 23.0 18.5 19.5 18.0 21.0 23.3 20.4

Hayes 23.3 17.0 20.0 20.3 18.7 20.0 19.9

Jackson 21.7 14.7 20.7 23.0 16.7 18.5 19.0

Jefferson 23.3 19.8 21.7 18.7 19.5 17.8 19.3

Madison 22.0 20.7 21.7 18.3 19.7 25.0 21.1

McKinley 23.3 16.3 20.3 18.0 19.0 20.0 19.5

Monroe 19.3 17.7 16.3 18.7 21.7 21.0 19.1

Truman 23.5 24.0 15.0 13.0 17.3 12.5 16.3

Walcott 19.0 16.0 20.0 23.0 27.0 17.0 19.4

Washington 22.5 21.5 22.0 17.5 17.5 24.0 20.3

Wilson 20.0 14.0 17.0 17.5 18.5 26.3 18.4

Overall Average 22.0 18.3 20.2 19.2 20.0 20.3

STDEV 1.4 2.8 2.6 3.0 2.6 3.5

High School Class Size

Course information from the winter 2018-2019 SRI collection was used to analyze high school course enrollments by section for Davenport CSD, peer districts, and area districts (excluding Bennett CSD, which does not have a high school).

All accredited schools in Iowa are required to provide codes for all courses according to the National Center for Educational Statistics Secondary School Course Classification System: School Codes for the Exchange of Data (SCED). This framework provides a mechanism for comparing course offerings among districts since courses are coded according to content rather than local course names. In order to provide a basis upon which high school classes could be compared, a number of courses meeting any of the following criteria were eliminated:


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• Courses with a course code SCED code of 0, typically non-credit bearing courses, • Study halls coded with the SCED code of 22006, • Independent study courses with the SCED code of 22997, • Courses with a level of S, used to identify specially funded or categorically funded courses (special

education, Title, At-Risk/Dropout Prevention, Limited English Proficient), • Courses with “homeroom” in the course name, • Courses identified as being provided by an out-of-state provider (institution provider code of 90990000) or

other provider (999999, not a public school district or community college), • Courses offered through some delivery method other than face-to-face (e.g., online, Iowa Communications

Network, Iowa Public Television), or • Courses offered at the district-level rather than at a high school (special program courses or courses taken

by dual enrolled, nonpublic shared-time, and independent private instruction students).

Figure 1 shows the number of high school course sections with enrollment under 10 and the total number of sections offered in Davenport CSD’s high schools, as well as those of the comparison districts. The gray line represents the percent of sections with enrollment less than 10.

Figure 1. District High School Sections with Enrollment under 10

18.6% of all sections offered in Davenport CSD’s high schools have enrollments under 10, which is represented by the red bar on the graph above. Only Bettendorf CSD and Pleasant Valley CSD have a lower percent of sections with enrollments under 10. Within the comparison groups, six districts had a higher percent of sections with enrollments under 10.

The average high school section size of all districts in the comparison groups for the core content (accreditation) areas of English/language arts, social studies, mathematics, and science is displayed below. Of the nine districts in the comparison groups, Davenport CSD ranked in the middle in three of four content areas. Four districts had smaller average class sizes and four had larger average class sizes in the content areas of English/language arts, social studies, and science. Davenport CSD had the third lowest average class size in the area of mathematics.


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Figure 2. District Average Section Size - Core Areas

Davenport CSD’s average class sizes in the content areas of world language and CTE show a similar trend. Four districts had higher average class sizes in world language classes, while three districts had higher average class sizes in CTE classes.

Figure 3. District Average Section Size - World Language and CTE

Davenport High Schools

The following graph depicts the average class size by school for all classes identified as being taught in a face-to-face setting within each of Davenport CSD’s high schools. By design, the average class size at Mid City High School is lower than the class sizes at Central, North, and West High Schools. As described on the district’s website (n.d.), “Mid City High School is a school of choice within the Davenport Community School District. Students here benefit from smaller class sizes . . .” (para. 1).


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Figure 4. Average Section Size - Davenport District High Schools

The following table contains a list of courses, by content area, with section enrollments under 10 students for each high school in Davenport CSD. The numerator represents the number of sections of the course with enrollments under 10 students. The denominator represents the total number of sections of the course offered in the school. Some courses are identified with an asterisk (*). The comment to the right provides an explanation. For example, English 1 at Mid City High has two sections out of 10 with enrollments under 10. The comment indicates the sections under 10 are second and third terms only. The 10 sections represent the total number of second and third term sections for this course. Since the first and fourth term sections of English 1 had enrollments with at least 10 students, those sections were not included in the count of 10. The AP English Literature and Composition course at North High School and West High School are identified as 3/3.* Three sections of the course had enrollments under 10. There were only three sections of this course offered. The comment indicates this is a three-term course. The likely explanation is that the same students are enrolled in all three sections of the course. This conclusion is based on the term and year indicators in the SCED code assigned to each course. English 2 at North High School, while a multi-term course, has only one section with an enrollment under 10. There were 11 other sections of this course offered during the same term (first semester).

Table 14. Davenport CSD High Schools – Sections with Enrollment under 10

Course Name Central Mid City North West Comments

English 1 2/10* 2/11 * 2nd and 3rd terms

Honors English 1 4/4* * 4-term course

English 2 1/11

AP English Literature & Comp 3/3* 3/3* * 3-term course

Power of Poetry 1/2

Young Adult Literature 1/3

Contemporary Literature 2/12

Written Communications 2/8* * 2-term course


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Advanced Writing 1/8 1/2* * 2-term course

Writers Studio 1/2* * 2-term course

Foundations of Algebra II 2/7

Foundations of Algebra I 3/3

Algebra 1 9/25* 2/15 * 4-term course

Computer Based Algebra 1/4 * 2-term course

Math Literacy 1/2* * 2-term course

Algebra 2 1/8* * 4-term course

Geometry 6/24* 1/17 * 4-term course

Intermediate Mathematics 3/11 * 4-term course

Discrete Mathematics 1/2* * 2-term course

Pre-Calculus 4/4* * 4-term course

Consumer Mathematics I 2/3

Consumer Mathematics II 1/2 1/2

AP Statistics 3/3* * 3-term course

Environmental Studies 9/12* * 4-term course

Earth and Space Science 8/23* * 4-term course

Biology 2/16* * 4-term course

AP Biology 1/3* * 3-term course

Invertebrate Zoology 1/2* * 2-term course

Vertebrate Zoology 1/1

Conceptual Chemistry 2/6 3/6

AP Chemistry 3/3* * 3-term course

Physics 1/7

World Studies 4/12* * 2-term course

Contemporary Culture in the US 1/2

U.S. History 3/20* 1/12 * 4-term course

AP U.S. Government & Politics 2/3* * 3-term course

Psychology 1/9 1/4

Contemporary Music and Society 2/4* * 2-term course

Introduction to Acting 1/2

Theatre Performance 1/1


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Microsoft Office Applications 1/19 5/12* * 2-term course

Adv Microsoft Office Apps 1/1

Fund of Web Design I CIS251 4/4

Marketing Educ Co-op Wk Exp 1/2

Journalistic Writing 1/1

Newspaper Laboratory 1/1 1/1 1/1

Yearbook Laboratory 9/9 1/1

Career Exploration Internship 4/4

Intro to Business BUS102 1/2

Managerial Accounting ACC146 1/1 1/1

Metals Material Processes 3/4* * 2-term course

Adv Metals/Materials/Processes 1/1

Recreational Equipment Process 1/1

Advanced Welding 1/2

Vocational Welding I *WEL192 1/1

Vocational Welding II *WEL257 3/3



Intro To Allied Health HSC102 1/1

Fundamentals of Baking HCM116 1/1

Construction Technology I 2/2* * 2-term course

Student Built Home CON170 2/2

Student Built Home CON171 2/2

Wood Technology 2/6* * 2-term course

Wood Technology II 6/6* * 2-term course

Home Maintenance 2/2

Occupational Child Care 1/1 2/2* 3/3* * 2-term course

Early Childhood Guid ECE243 1/1 1/2

Early Childhood Education HS&N ECE133 1/1 1/2

Prostart Culinary/Hos Wk Exp 1/1

Foods 2/3

Child Development & Parenting 2/4* * 2-term course


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Clothing Technology 2/2

Advanced Clothing 1/1 1/1

Interpersonal Dynamics 4/4* * 2-term course

Auto Brake System/Serv AUT524 1/1

Auto Engine Repair AUT164 1/1

Auto Shop Safety AUT115 1/1

Auto Suspen & Steering AUT404 1/1

Auto Technology II 4/4* * 4-term course

Prin of Engineering EGT410 1/2

Introduction to Robotics 4/4* * 2-term course

Civil Eng & Arch EGT460 2/2* * 2-term course

Architectural Drafting 2/2* 2/2* * 2-term course

Engineering Drafting 2/2* 2/2* * 2-term course

Prostart Culinary/Hos Wk Exp 3/3* * 3-term course

Spanish I 3/4 * 4-term course

Spanish III 4/4* * 4-term course

French I 2/6

French II 1/2

French III 2

French IV 2/2* 2 * 2-term course

German III 2/2* 2 * 2-term course

German IV 2/2* 2/2* * 2-term course

Total Sections Under 10 43 120 45 42

District Cost per Pupil

Davenport CSD’s FY19 district cost per pupil (DCPP) is $6,736, which is identical to the state cost per pupil (SCPP). This matches the DCPP for 170 of the state’s 330 districts (51.5%). The table below illustrates the variance of the DCPP for districts in the peer group and area districts. As a result of recent legislation, for FY20 the district’s DCPP will rise to $6,880 (+2.14%) and the variance listed will shrink by $5, continuing similar action implemented for FY19.


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Table 15. Variance between State and District Cost per Pupil by Peer Group and Area Districts

District FY18 FY19

Peer Group

Des Moines 68 63

Cedar Rapids 0 0

Davenport 0 0

Sioux City 0 0

Iowa City 17 12

Area Districts

Bennett 131 126

Bettendorf 74 69

Durant 46 41

Muscatine 0 0

North Scott 0 0

Pleasant Valley 133 128

Budget Adjustment

Iowa Code section 257.14 provides for an adjustment to the regular program budget if the district’s regular program cost for the current budget year is less than 101% of that of the base year without adjustment. Districts in this situation are eligible to receive an amount of spending authority needed to ensure the district receives at least 1.0% growth. This results in postponing the fiscal impact of significant reductions in enrollment, providing a year for the district to react to these changes. To receive this adjustment, the board must adopt a resolution to do so. Davenport CSD has received this adjustment in three of the past five fiscal years and is anticipated to qualify for FY20.

Table 16. Davenport CSD Budget Adjustment Amount

Fiscal Year Adjustment Amount

FY15 $0

FY16 $756,048

FY17 $0

FY18 $1,962,472

FY19 $1,644,758

Tax Levy Rates

The total school district levy rate is comprised of the following levies: General, Management, Voted Physical Plant and Equipment (PPEL), Regular PPEL, Public Education and Recreation (PERL), and Debt Service. The General Fund tax levy rate includes levies comprising the school foundation formula as well as the instructional support program, which is established by board resolution. Davenport CSD has an instructional support levy approved through 2022. While the current voted PPEL of $0.97 is set to expire June 30, 2019, the district’s patrons have recently approved a new voted PPEL of $1.34, which is the maximum allowed rate, beginning July 1, 2019 (64.59% approval).


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The table below shows the levies Davenport CSD and its area districts have in place for FY19, as reported by the Iowa Department of Management. The district has the highest total levy rate among its area districts.

Table 17. Fiscal Year 2019 Total School District Levy Rate – Area Districts

District Total General Management Voted PPEL Regular PPEL Debt Service Total Rate

Bennett 9.59641 0.44031 0.67000 0.33000 0.00000 11.03672

Bettendorf 12.03292 0.26300 1.34000 0.33000 0.00000 13.96592

Davenport 13.65970 0.49939 0.97000 0.03000 0.00000 15.45640

Durant 10.50343 0.23922 0.11257 0.33000 0.42767 11.61289

Muscatine 11.97960 1.17924 1.34000 0.33000 0.00000 14.82884

North Scott 11.60110 0.84248 0.97000 0.33000 0.00000 13.74358

Pleasant Valley 11.58298 0.40289 1.34000 0.33000 0.00000 13.65587

The district funds its instructional support program and voted PPEL fully from property tax. The district has not utilized an income tax surcharge for its applicable levies. Bennett, Durant, and North Scott CSDs have implemented an income tax surcharge for the instructional support program. Durant CSD also has an income surtax for voted PPEL. Implementation of an income tax surcharge does contribute to a lower property tax rate for these levies.

District Surtax Base

Iowa Code section 257.21 establishes the statutory amount to which a surtax percentage may be applied in estimating the amount of surtax that could be collected by a school district. The surtax base for Davenport CSD has been relatively stable over the last five tax years, averaging about $97 million.

Certified Annual Report

General Fund Expenditures

The following section reviews the district’s fiscal year general fund expenditures in three areas. These include expenditures as a percent of maximum authorized budget, executive administration as a percent of expenditures, and salary and benefits as a percent of expenditures.

The maximum authorized budget and total expenditures are available on the Iowa Department of Management’s website. Detailed general fund expenditures, including the percentage of total expenditures for executive administration and salary and benefits, are included in the district’s certified annual report (CAR).

Expenditures as a Percent of Maximum Authorized Budget

The chart below reflects the general fund expenditures as a percent of the maximum authorized budget for each peer district. Davenport CSD had the highest percent in FY16, FY17, and FY18. Davenport CSD was the only district in the peer group that exceeded its maximum authorized budget for any year throughout the time reviewed.

Table 18. General Fund Expenditures as a Percent of Maximum Authorized Budget

District Actual FY14 Actual FY15 Actual FY16 Actual FY17 Estimated FY18

Peer Group

Cedar Rapids 97% 97% 96% 95% 93%

Davenport 96% 96% 101% 102% 106%

Des Moines 85% 88% 90% 94% 97%


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Iowa City 97% 96% 94% 93% 95%

Sioux City 90% 91% 91% 88% 87%

Area Districts

Bennett 93% 97% 97% 95% 93%

Bettendorf 79% 78% 78% 77% 76%

Durant 75% 75% 76% 75% 75%

Muscatine 92% 88% 86% 85% 84%

North Scott 87% 87% 88% 89% 88%

Pleasant Valley 83% 83% 84% 84% 84%

EXECUTIVE ADMINISTRATION AS PERCENT OF EXPENDITURES

The chart below reflects the percent of district general fund expenditures represented by executive administration in the peer group and area districts. Executive administration is defined in Uniform Financial Accounting (UFA) for Iowa local education agencies (LEAs) and AEAs as activities associated with the overall general administration or executive responsibility of the entire school district, which includes items such as the office of the superintendent, community relations, and state and federal relations (Gregory, Allison, Honegger, Johnson, & Hoffman, 2009).

In the peer group, Davenport CSD fluctuated from having the lowest percent (FY15) to the highest percent (FY17). Of the area districts, Davenport CSD was the lowest in FY14 and FY15 but then appeared in the middle of the pack more recently. It appears the district’s executive administration expenditures as a percent of total general fund expenditures is comparative to peer and area districts.

Table 19. Executive Administration as Percent of General Fund Expenditures by Peer Group and Area Districts


Peer Group

Cedar Rapids 1.17% 1.14% 1.23% 1.20% 1.73%

Davenport 1.01% 0.85% 1.13% 1.41% 1.40%

Des Moines 1.14% 1.22% 1.53% 1.39% 1.52%

Iowa City 1.28% 1.22% 1.09% 1.23% 1.15%

Sioux City 0.96% 0.95% 0.89% 0.90% 1.31%

Area Districts

Bennett 1.47% 1.07% 1.15% 1.47% 2.06%

Bettendorf 1.97% 1.88% 1.96% 1.39% 1.40%

Durant 4.15% 4.10% 4.20% 4.10% 3.74%

Muscatine 1.42% 1.00% 1.00% 1.40% 1.23%

North Scott 1.21% 1.26% 1.01% 1.01% 1.00%

Pleasant Valley 1.13% 1.20% 1.06% 1.04% 1.00%


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SALARY AND BENEFITS AS PERCENT OF EXPENDITURES

The chart below shares the percent of general fund expenditures comprised by salary and benefits for the peer group and area districts. Davenport CSD’s expenditures for salaries and benefits as a percent of total expenditures appears to be in line with the comparison group.

Table 20. Salary and Benefits as Percent of General Fund Expenditures


Peer Group

Cedar Rapids 81.57% 81.99% 81.06% 81.44% 80.95%

Davenport 77.95% 81.09% 79.19% 82.84% 80.53%

Des Moines 81.80% 82.15% 82.91% 82.07% 81.83%

Iowa City 82.39% 82.87% 83.62% 84.25% 84.14%

Sioux City 79.23% 79.34% 80.15% 80.86% 80.29%

Area Districts

Bennett 46.62% 49.60% 46.04% 48.35% 45.85%

Bettendorf 78.08% 80.07% 81.29% 82.24% 82.00%

Durant 80.31% 79.62% 81.33% 81.44% 81.73%

Muscatine 81.91% 82.78% 83.24% 82.99% 82.45%

North Scott 83.10% 84.45% 84.02% 84.27% 84.58%

Pleasant Valley 78.30% 79.34% 78.34% 79.36% 77.64%

Special Education Expenditures

Davenport CSD has incurred a special education deficit each year since FY15, as illustrated below, and was subsequently granted MSA for this purpose by the SBRC as required by Iowa Code. A request to the SBRC for MSA due to a special education deficit is considered separate from a request due to a negative unspent balance.

DAVENPORT CSD SPECIAL EDUCATION DEFICIT HISTORY

Figure 5. Davenport CSD Special Education Deficit History 2015-2018

An in-depth review of Davenport CSD’s special education fiscal data was completed by the Department as part of the focused visit conducted in January 2018, partially in response to the large increase in its deficit. As part of this on-site fiscal review, the team verified the district’s correction of issues identified at that time. Some of these


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corrections, such as recoding of staff assignments at Keystone Academy, as well as increased special education revenues contributed to the decrease in the special education deficit from FY17 to FY18.

The Department anticipates the district will incur a significant increase in its special education deficit for the current and upcoming fiscal year as result of mandated corrective actions pertaining to its special education programming, including convening new IEP meetings and providing compensatory education. The on-site visit also revealed there has also been a large increase in the number of paraprofessionals coded to special education for the current year. Refer to the previously mentioned January 2018 report for additional detail regarding the district’s special education staffing and its impact.

Fund Balances

The fund balance on a district’s balance sheet is a reflection of the level of cash available at June 30 after accounting for the receivables, payables, and deferred outflows applicable to that fiscal year. Davenport CSD’s general fund balance has significantly declined from $27,399,715 in FY14 to $13,804,755 in FY18, in part due to multiple years of exceeding its spending authority.

Table 21. District Fund Balances History FY14-18

Fiscal Year General Management Other Capital Projects SAVE10 PPEL Debt Service

FY14 $27,399,715 $5,256,255 $6,612,467 $12,751,000 $12,122,158 $953,865

FY15 $29,148,269 $7,559,114 $10,233,199 $6,652,935 $10,359,936 $954,826

FY16 $20,932,475 $7,074,083 $4,748,798 $2,688,423 $5,983,255 $1,933,865

FY17 $18,402,920 $7,370,530 $925,739 $3,868,103 $3,473,074 $1,942,900

FY1811 $13,804,755 $7,530,316 $0 $8,256,144 $3,907,875 $1,956,997

The Government Finance Officers Association (GFOA) recommends “at a minimum, that general-purpose governments, regardless of size, maintain unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. The choice of revenues or expenditures as a basis of comparison may be dictated by what is more predictable in a government’s particular circumstances. Furthermore, a government’s particular situation often may require a level of unrestricted fund balance in the general fund significantly in excess of this recommended minimum level” (2015, para. 8).

While this is speaking to the fund balance on a district’s balance sheet, rather than unspent budgetary authority, it supports the level of remaining balance that should be maintained. Davenport CSD’s general fund expenditures for FY18 were $198,796,986. Using the GFOA guidance, the recommended minimum amount to be held in the general fund, equal to two-months of expenditures, calculates to $33,132,831, which is greater than the district’s FY18 general fund ending balance of $13,804,755.

10 SAVE stands for Secure an Advanced Vision for Education.

11 The district’s FY18 audit reported a general fund balance of $15,924,445, SAVE balance of $6,085,481, and PPEL balance of $3,686,406.


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Figure 6. Davenport CSD: General Fund Spending Authority, Expenditures, and Fund Balance

Findings and Conclusions With exception of the corrective plan submitted for the negative unspent balance incurred in FY16, Davenport CSD has presented to the SBRC, corrective plans indicating the district would achieve a positive unspent authorized budget within a two-year period. However, the district’s negative unspent balance increased from the previous year in FY17 and FY18. This indicates the district was either significantly off in its assumptions and estimates used for budgeting and determining projecting savings, was unable to implement the corrections, or was unwilling to implement the corrections it conveyed. As a result, the district’s general fund balance (“reserves”) has markedly decreased.

In doing so, in addition to being out of compliance with Iowa law, the district board has violated its own adopted policy. Board Policy 301.01 (Budgeting), last revised in April 2018, states the following:

Budget Responsibility

It shall be the policy of the Board of Directors to accept the fiscal responsibility to spend the funds available to the Davenport Community School District within the limitations established by the Code of Iowa [emphasis added] to achieve the best educational results for the students of the District.

The Budget as a Spending Plan

The preparation of the formal spending plan shall be the responsibility of the superintendent or superintendent’s designee. All administrative supervisory personnel shall be involved in submitting allocation information for the formation of the budget. The entire staff shall be involved in establishing priorities for budget requests.

A district has little means to increase revenues in relation to general fund spending authority, the only way for Davenport to truly correct its negative unspent budget situation is to purposefully reduce and control its ongoing general fund expenditures.

The following actions are recommended:

1. Implement a board finance committee and/or set aside time at regular board meetings to review the monthly financial reports and discuss progress on addressing the most current corrective plan and other district fiscal issues with the Chief Financial Officer and other staff as deemed necessary. While it appears the district’s Finance Department prepares monthly financial reports for the board, review of board minutes for both regular meetings and meetings of the committee of the whole did not note discussion of these reports. The discussions noted within the minutes were limited to approval of the annual certified budget

http://www.davenportschools.org/our-departments/finance-department/


49

and approval of the corrective action plans for the SBRC. Additionally, Finance Department staff indicated they have been provided little opportunity to directly discuss financial issues with the board for the past several years.

2. Provide regular training to the school board and executive leadership to increase their understanding of Iowa school finance and related roles and functions. Organizations such as the Iowa Association of School Boards (IASB) and Iowa School Finance Information Services (ISFIS) provide a variety of resources and learning opportunities.

3. Carefully examine revenue projections and align anticipated expenditures, including the desired level of unspent balance, with maximum budgetary authority. This includes looking beyond items that result in one-time, single-year savings, such as those resulting from insurance holidays and delays in certain purchases. As noted earlier in the report, roughly 81% of district general fund expenditures are for ongoing staff salaries and benefits; therefore, reducing staff levels to align with decreasing student populations is critical.

4. Ensure that any site-based (building) “working” budgets are tightly controlled and in sync with the district’s overall authorized budget and implement regular meetings between district Finance Department staff and building-level administrators (at a minimum) to routinely review year-to-date expenditures pertaining to the site-based budgets.

5. Provide training regarding appropriate and inappropriate uses of federal program and state categorical funds (e.g., 281—IAC 98). Doing so would help build shared understanding of the purposes of the particular funding source, particularly for those at the school-level who are receiving and approving initial purchase requests. This could also help ensure these funds are expended as intended and help alleviate expenditure coding issues. For example, several categorical uses, such as Early Intervention (Project 3216), At-Risk (Project 1116), and Dropout Prevention local match (Project 1119) were not coded to the categorical as expended—this was done through journal entries at the end of the year. The Title I Carryover (Project 4508) was fully expended by journal entry from the Title I Budget (Project 4501). This practice makes it impossible to track actual balances throughout the year.

6. Engage building-level administrators in examination of enrollment trends, both at the site level and course/section level to determine the potential for gaining additional facility and staffing efficiencies. Continue to evaluate and monitor the district’s facility needs based upon the changes and trends occurring with the district’s served enrollment.

7. Retain originals of all board-approved, signed contracts at the central office and with copies as necessary. Currently, original contracts are held at a variety of locations within the district, with the determining factor being the individual who has direct oversight for the contracted item.

8. Revisit board policy 303.15 (Signing Contracts), particularly items A. and B., to ensure the practices outlined adhere to the requirements set forth in Iowa Code section 291.1 (Duties of the board president).

9. Add an area for recording the funding source to the record sheet used by the Finance Department to track alignment of contract approval processes to board policy 303.15. This could assist in proper coding of expenditures related to the particular contract.

10. Discontinue coding AEA Flowthrough by the AEA funding streams. This level of detail is unnecessary for district purposes. The district may record the AEA Flowthrough monthly, quarterly, or annually as a simple two account journal entry.

11. Review district processes pertaining to special board meetings. Board minutes showed that the board has held numerous special board meetings, sometimes several in a single day or several over consecutive days.

https://www.legis.iowa.gov/docs/iac/chapter/05-30-2012.281.98.pdf


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Noncompliance Citations and Required Corrective Actions The following section contains two tables of noncompliance citations and required corrective actions. The first contains updates related to the noncompliance citations cited in April 2018. The second table reflects additional areas of noncompliance cited following the Phase II visit.

January 2019 Noncompliance Citations and Corrective Actions Required The following table provides the noncompliance citations for the first site visit to Davenport CSD, which have been updated to reflect the status as of April 23, 2019. April 23, 2019 is the one-year deadline for all individual noncompliance items to be corrected.

Table 22. Phase I Noncompliance Citations and Corrective Actions Required, Updated April 23, 2019

No. Legal Citation Corrective Action Required of LEA Status as of November 1, 2018

Status as of January 7, 2019 Status as of April 23, 2019

1 Placement Decisions (20 U.S.C. § 1414(e); 281–IAC 41.116) IEP (20 U.S.C. § 1414(d))

1. Reconvene IEP team meetings for all students who had 45 minutes of special education services in fall 2017 and determine compensatory education by April 23, 2019.

2. Work with the implementation advisor to obtain professional learning on appropriate placement and individualization of services for all special education staff, including administrators by April 23, 2019.

3. Provide a letter to the parents of students for whom there is no evidence that the minutes of instruction were reduced for their child from spring 2017 to fall 2017 explaining that since the prior written notice they received when the student’s change in placement was insufficient the parent may request that the IEP team be reconvened by June 30, 2018.

1. 634 of 914 (69%) IEP meetings held.

2. In process. 3. Complete. 13 of

860 parents requested meetings.


2. In process. 3. Complete.

1. Complete. 914 of 914 (100%) IEP meetings held.

2. In process. The district has worked with the implementation advisor over the last year to obtain professional learning on these topics. An additional citation is provided in the table below for similar violations for students receiving Early Childhood Special Education services (ECSE), and the accreditation team notes that in spite of the work that has been accomplished over the past year this remains a systemic citation. The status of correction remains in process.

3. Complete.

2 Prior Written Notice (20 U.S.C. § 1415(b)(3))

1. Correct all individual IEPs by holding new IEP meetings by April 23, 2019, at which prior written notice (PWN) is given and all appropriate IEP team members are


2. In process.


1. Complete. 914 of 914 (100%) IEP meetings held.

2. Complete. The implementation advisor

https://sites.ed.gov/idea/statute-chapter-33/subchapter-II/1414/e

https://sites.ed.gov/idea/statute-chapter-33/subchapter-II/1414/d

https://sites.ed.gov/idea/statute-chapter-33/subchapter-II/1415/b


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present and afforded opportunity to participate.

2. Work with the implementation advisor to obtain professional learning on the appropriate contents and use of PWN for all special education staff, including administrators by no later than April 23, 2019.

2. In process. worked with the district and AEA to provide training on PWN for all staff.

3 Services Determined & Delivered on the IEP (20 U.S.C. § 1414(d)(1) (A)(IV)) Evaluation Procedures (20 U.S.C. § 1414(b)(3)(iv)

1. Complete new functional behavior assessments (FBAs) and behavior intervention plans (BIPs) for individual citations by April 23, 2019.

2. Review all IEPs with FBAs and/or BIPs for adequacy by April 23, 2019. This review must be done by either the AEA Challenging Behavior Team or Davenport staff who have received training in challenging behaviors.

3. Reconvene IEP team meetings for all determined to have had an inadequate FBA and/or BIP, per step 2 above by April 23, 2019. The IEP team must determine whether each student is owed compensatory education services for the time during which their FBA and/or BIP was inadequate. Each IEP team will make this determination using a standard protocol provided by the Department.

4. Conduct new FBAs and BIPs by April 23, 2019,12 if FBA identifies new needs, for all learners who have had the following restrictive procedures as part of their BIP if:

1. 104 of 898 (11.6%) IEP meetings held to review and revise FBAs/BIPs.

2. See 1 above. 3. See 1 above. 4. See 1 above. 5. In process. 6. In process.

1. 456 of 899 (51%) IEP meetings held to review and revise FBAs/ BIPs.

2. See 1 above. 3. See 1 above. 4. See 1 above. 5. In process. 6. In process.

1. Complete. 898 of 898 (100%) IEP meetings held to review and revise FBAs/BIPs.

2. See 1 above. 3. See 1 above. 4. See 1 above. 5. Complete. Policies and

procedures have been developed.

6. Complete. Training has been conducted in consultation with the implementation advisor.

12 This review may overlap with steps 1 and 2 above.

https://sites.ed.gov/idea/statute-chapter-33/subchapter-II/1414/d/1/A/i/IV



https://sites.ed.gov/idea/statute-chapter-33/subchapter-II/1414/b/3/A



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a. Use of out of school suspension for a student is more than five times in a year,

b. Use of seclusion or crisis management procedures (i.e., holds) is three or more times in the school year,

c. Police involvement specifically for behavior has occurred,

d. More than 10 office discipline referrals have occurred for a child, and/or

e. A placement change is being considered due to challenging behavior.

5. Develop policies and procedures on the development of FBAs and BIPs, including when to engage the LEA and/or AEA challenging behavior team by June 30, 2018.

6. Work with the implementation advisor to ensure staff who complete FBAs have adequate training to conduct the behavior assessments and develop aligned BIPs based on FBA information by April 23, 2019.

4 Removals/ Suspension (20 U.S.C. § 1415(k)(1)(B)) Manifestation Determination (20 U.S.C. § 1415(k)(1)(C))

1. Review the IEPs for all students in a setting using the Boy’s Town model who were placed in a setting other than that stated on their IEP for any length of time during the past year. Determine whether the changes in setting should have triggered a manifestation determination. If so, conduct a manifestation determination. Reconvene the IEP teams

1. In process. The teams have been convening and conducting manifestations for students who were removed for more than 10 school days. Since the

1. In process.13 2. In process. 3. In process.

1. Complete. 2. Complete. Professional

learning was delivered on the appropriate use of suspension, expulsion, and removal to an alternative setting.

13 See the November 2018 report.

https://sites.ed.gov/idea/statute-chapter-33/subchapter-II/1415/k




https://educateiowa.gov/sites/files/ed/documents/2018-11-14%20Davenport%20Compliance%20Update.pdf


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for all such students to determine if compensatory education is owed by April 23, 2019.

2. Work with the implementation advisor to obtain professional learning on appropriate use of suspension, expulsion, and removal to an alternative setting, for all special education staff, including administrators by April 23, 2019.

3. Develop appropriate policies and procedures for accurately reporting suspension and ensuring access to the core curriculum by August 15, 2018.

majority of the students with this citation were also cited for disproportionality and/or FBA/BIP, the meetings are often being conducted at the same time.

2. In process. 3. Policy and

procedures developed and being trained.

3. Complete. Policies and procedures were revised and training was provided.

5 Evaluation Procedures (20 U.S.C. § 1414(b)(3)) Disproportionality (20 U.S.C. §§ 1413(f) & 1418(d))

1. Work with a national expert on disproportionality in special education, by April 23, 2019, to:

a. Review district procedures and practices;

b. Make recommendations to address disproportionate identification, suspension/expulsion and seclusion/restraint of African-Americans;

c. Assist the district in developing and implementing a plan to expand universal processes for providing intervention strategies for students experiencing academic or behavior strategies that are unbiased; and

d. Obtain professional development for all staff, including general education staff members, on: i. The district’s disproportionality

data ii. The causes and consequences

of disproportionality in special education

1. In process. This work began on September 21.

2. 80 of 805 (10%) IEPs reconvened.

1. In process. 2. 423 of 806

(52.4%) IEPs reconvened.

1. In process. The district has worked with national experts in disproportionality and accomplished some of the required tasks, but disproportionality remains a significant barrier to student success. The status remains in process.

2. Complete. 806 of 806 (100%) IEPs reconvened.


https://sites.ed.gov/idea/statute-chapter-33/subchapter-II/1413



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iii. Policies and practices to remediate and eliminate disproportionality

iv. Training to all members of each building’s team on the intervention processes and strategies.

2. Work with MBAEA to review IEPs for students of color, including reevaluation of eligibility for services and reconvening the IEP team by April 23, 2019.

6 Initial Evaluations (20 U.S.C. § 1414(a)(1))

1. Reconvene an IEP team and/or eligibility meeting for any student for whom eligibility was determined solely by the LEA without the presence of the AEA at an eligibility determination meeting. Representatives from the MBAEA must be present at meetings when they are reconvened by April 23, 2019.

2. Work with the implementation advisor to obtain professional learning on appropriate evaluation procedures for all special education staff, including administrators by April 23, 2019.

3. Develop written procedures for the inclusion of AEA staff in all eligibility determinations by June 30, 2018.

1. Accounted for in Appendix A of the 2018 report14 and referenced elsewhere in this table.

2. In process. 3. Policy and

procedures created.

1. Accounted for in Appendix A of the 2018 report and referenced elsewhere in this table.

2. In process. 3. Complete.

1. Complete. 2. Complete. The district has

worked with the implementation advisor to obtain professional development on evaluation procedures and the appropriate inclusion of AEA staff.

3. Complete. Written procedures were completed and trained.

7 281–IAC 103.6 1. Work with Department staff to review all

rooms used for physical confinement for compliance by June 30, 2018.

2. Correct all deficiencies on the timeline specified by the on-site reviewer.

1. Complete. Requires follow-up.

2. In process.

1. Complete. 2. Complete.

1. Complete. 2. Complete.

8 Iowa Code § 256B.9; 281–IAC 41.202

1. After receiving a list of specific staff members who are inappropriately coded

1. Complete. 1. Complete. 1. Complete.

14 The April 23, 2018 report was previously shared with the Board and is available upon Board request.



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to special education from the site team, either provide:

a. Provide an acceptable rationale for the current coding, or

b. Recode the expenditures effective July 1, 2017 by May 23, 2018.

9 Various 1. Correct each individual citation for 47

IEPs reviewed as part of the desk audit as soon as possible but no later than April 23, 2019.

1. 5 of 47 (10.6%) IEPs completed.

1. 29 of 46 (63%) IEPs completed.

1. Complete. 46 of 46 (100%) IEPs completed.

10 Various 1. Reconvene the IEP team, determine

compensatory education, and/or send a notification to parents that they may request a new IEP meeting for each individual student listed as soon as possible but no later than April 23, 2019.

1. 1,603 of 2,866 IEPs (56%) completed.

1. 2,207 of 2,866 (77%) IEPs completed.

1. Complete.2,866 of 2,866 (100%) IEPs completed.

11 Various 1. Deliver compensatory education services

to all students for whom it is determined by the IEP team that such services are owed as soon as possible following determination.

1. 155 of 1,603 (9.7%) IEPs convened have determined that the students are owed compensatory education. As of November 1, 2018, 105 of 2,325 (4.5%) hours of compensatory education were delivered. Many of these hours are not yet scheduled to begin but will begin in the next several weeks.

1. 187 of 2,236 (8.36%) IEPs convened have determined that the students are owed compensatory education.

As of December 30, 2018, 230 of 4,813 (4.78%) hours of compensatory education were delivered.

1. 311 of 2,236 (13.9%) IEPs convened have determined that the students are owed compensatory education.

As of April 17, 2019, 941 of 6,509 (14.5%) hours of compensatory education were delivered.

Note. Adapted from “Davenport Community School District Compliance Update,” by Iowa State Board of Education, 2019.


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Phase II Visit Noncompliance Citations and Required Corrective Actions The following table provides noncompliance citations, corrective actions required of Davenport CSD, and evidence of noncompliance from the Phase II visit conducted in early 2019.

Table 23. Phase II Noncompliance Citations and Corrective Actions Required

No. Legal Citation Evidence Corrective Action Required of the LEA Due Date

12 Iowa Code § 279.23A; 281—IAC 12.3(3) & 83.12(3)

No evidence was provided to demonstrate that teachers are evaluated on a three-year cycle. Numerous personnel files lacked current or on-cycle evaluations.

1. Establish written evaluation criteria and annually implement evaluation procedures.

2. Review all teacher files to determine last evaluation.

3. Complete formal evaluation for all teachers that have not been evaluated in the past three years.

1. August 2019 2. August 2019 3. June 2020

13 Iowa Code §§ 279.14 & 284.8; 281—IAC 12.3(3)

No evidence administrators are evaluated on an annual basis. Numerous personnel files lacked current or on-cycle evaluation.

1. Establish written evaluation criteria and annually implement evaluation procedures.

2. Establish written job descriptions for all supervisory positions.

3. Review all administrative position files to determine last evaluation.

4. Evaluate administrators on an annual basis.

1. August 2019 2. August 2019 3. August 2019 4. August 2020

14 281–IAC 12.7(1)(c); 281–IAC 83.6(1)

Numerous personnel files lacked current Individual Career Development Plans (ICDPs). ICDPs do not contain evidence of an annual review between staff and their evaluator. It is unclear where the individual plans are kept.

1. Review all teacher files to determine if teachers have ICDPs.

2. Ensure all teachers have an ICDP.

1. August 2019 2. August 2020

15 281—IAC 12.5(9); 281–IAC 41.210

The district did not provide evidence it has worked with publishers to address accessible instructional materials (AIM) requirements.

1. Provide evidence that it currently works with publishers to meet AIM requirements or begin doing so.

1. August 2019

16 281—IAC 12.1(1); Iowa Code § 280.3

The district did not provide evidence that the equity coordinator had been appointed by the local board.

1. Provide board minutes or other documentation indicating appointment of the Equity Coordinator.

2. Provide a summary of Equity Coordinator’s role and activities.

1. August 2019 2. August 2019 3. December 2019


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3. Provide training to all district staff on the role of the Equity Coordinator, when, and how to file a complaint.

17 Iowa Code § 284.8 Interviews indicated peer review is not occurring.

1. Provide an annual review of each teacher’s performance for purposes of assisting teachers in making continuous improvement, documenting continued competence in the Iowa teaching standards, identifying teachers in need of improvement, or to determine whether the teacher’s practice meets school district expectations for career advancement.

1. August 2020

18 Iowa Code § 19B.11; 281—IAC 95.4

The district did not provide an EEO and AA plan that met the appropriate code requirements.

1. Develop an EEO and AA plan in employment that addresses the requirements outlined in Iowa Code section 19B.11 and 281—IAC 95.4.

1. August 2020

19 20 U.S.C. § 6312(e)(1)(A)

The district did not provide evidence that they provide parents information, if parents so request, in a timely manner regarding the qualifications of their child’s classroom teachers.

1. Provide parents on request, and in a timely manner, information regarding the professional qualifications of the student’s classroom teachers.

1. August 2019 prior to the beginning of the school year

20 20 U.S.C. § 6312(e)(1)(B)(ii)

The district did not provide evidence that notice is provided to parents when students are taught by teachers who do not meet certification or licensure requirements.

1. Provide to each individual parent of a child who is a student in a Title I building information that the student has been assigned, or has been taught for four or more consecutive weeks by a teacher who does not meet applicable State certification or licensure requirements at the grade-level and subject area in which the teacher has been assigned.

1. September 2019

21 Iowa Code § 299A.2 The district did not provide list of students assigned to each HSAP staff member.

• Susan Rathje: (179307) Substitute license, no questions

1. Review endorsements of the teachers working in the HSAP and the students assigned to those teachers to ensure that they are working within the scope of their endorsements. Students will be assigned to staff who are appropriately endorsed to work with their age/grade or content area.

1. Prior to the start of the 2019-2020 school year

2. Prior to the start of the 2019-2020 school year


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• John Tritt: (137587) Permanent Professional license: K-8 all, may not work with students 9-12

• Donna Dighton: (156237) Permanent Professional 7-8 all, 5-12 English, reading, Spanish, may not work with math, science or social studies 9-12, or K-6

2. Staff who are not endorsed to work with the students they are assigned may consider adding a Substitute License endorsement to their current license. If this is the chosen path, this must be done.

22 28 C.F.R. § 35.107(b); 34 C.F.R. §§ 104.7(b) & 106.8(b)

Administrative Regulations 103.02A and 103.02B do not include procedural notices.

1. Adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging discrimination. Students, staff, parents, and applicants for employment must be made aware of the grievance procedures and forms.

2. August 2019

23 281–IAC 12.3(2) School Board Policy 504.10 on student bullying/harassment has not been updated since July 16, 2013. The policy must be updated, reviewed, and approved by the school board at least every five years.

1. Update School Board Policy 504.10 on student bullying/harassment.

2. Consult the Department guidance regarding bullying and harassment, specifically the Bullying Checklist for districts.

3. Participate in Bullying/Harassment Investigative Training through AEA PD Online.

1. August 2019 2. August 2019 3. December 2019

24 Placement Decisions

(20 U.S.C. § 1414(e); 281–IAC 41.116)

There is a district-wide lack of understanding of the IDEA principles of continuum of placements, supplementary services, least restrictive environment (LRE), time with general education peers, and access to general education curriculum.

1. Continue work to address understanding of IDEA principles of continuum of placements, supplementary services, least restrictive environment (LRE), time with general education peers, and access to general education curriculum. This work must be continued to completion, upon which the expectation is that all certified staff–both general and special education–will have received adequate training on these concepts.

2. Revise the DDSDP with broad parent and community involvement and submit to the Department for approval prior to local board adoption. Particular attention should be paid to

1. December 2019 2. September 2019 3. As soon as possible

but no later than May 9, 2020.


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distinguishing placement and services needed for support. Eliminate any references to separate curriculum and specifically, remove any references to Life Skills. The district must use the clarified DDSDP to provide professional development on proper application of the concepts for general and special education staff.

1. Continue the review and reevaluation of students with the AEA and closely monitor the use of the Life Skills programs for appropriate use.

25 Placement Decisions

(20 U.S.C. § 1414(e); 281–IAC 41.116)

The AEA and district have found 170 students served in the Life Skills programs who need reevaluations to determine appropriateness of placement.

1. Include service for students receiving ECSE in the revision of the DDSDP, making it clear that students in preschool can be served in the program they already attend and that this is a first consideration for the IEP team.

2. Review the IEPs for all students currently participating in ECSE to ensure that their placement and services are appropriate. If any substantive deficiencies in the IEPs are found that resulted in a denial of FAPE, the district is also required to determine if compensatory education is owed.

1. September 2019 2. As soon as possible

but no later than May 9, 2020.

https://sites.ed.gov/idea/statute-chapter-33/subchapter-II/1414/e

Davenport CSD Accreditation Report to the State Board 60

Conclusion and Recommendation to State Board Upon review of all information collected as part of the Phase II process, the accreditation team recommends that the State Board place Davenport CSD in conditional accreditation status until such time as:

1. All citations issued in the April 2018 special education report are corrected; 2. The additional citations noted in this report are corrected; and 3. The district has met the following conditions recommended by the accreditation team:

a. The district achieves stability in the position of superintendent. This may be achieved by hiring an appropriately licensed and endorsed candidate or continuing the interim arrangement currently in place on a long-term basis.

b. A comprehensive, evidence-based, district-wide system for behavior management and social-emotional learning is put into place in every building with fidelity. The system will be approved by the Department, training will be implemented, and fidelity checks will be done quarterly by national experts selected and provided by the Department. All Davenport district professional staff will participate in training and professional learning as directed.

c. The district works with one or more expert coaches hired by the Department to address their needs in:

i. Board training and boardsmanship to ensure corrective actions are made appropriately;

ii. MTSS implementation, including social-emotional and behavioral learning; iii. Remediation of disproportionality through both behavior management/social-

emotional learning implementation and a focus on early literacy efforts; and iv. Engagement with parents and community to inform district improvement.

The expert coach(es) will work with the district in addition to the services of the implementation advisor for special education. The expert coach(es) will report to the Department’s bureau chiefs for School Improvement and Learner Strategies and Supports.


Appendices Appendix A: Groups and Individuals Interviewed

Appendix A provides a list of individuals who were interviewed during this visit, their titles/affiliations, and their locations.

Appendix B: Interview Questions

Appendix B lists interview questions posed during the visit. These questions are presented by interviewee.

Appendix C: Documents and Information Reviewed

Appendix C provides a list of the documents and information reviewed prior to the visit.

Appendix D: Applicable Federal Code and Regulations

Appendix D contains applicable citations to federal code and regulations.

Appendix E: Applicable Iowa Code Requirements

Appendix E cites the Iowa Code sections that apply to this report including: evaluation criteria and procedures, attendance center requirements, professional development for teachers, and peer performance reviews for teachers.

Appendix F: Applicable Iowa Administrative Code Requirements

Appendix F cites the Iowa Administrative Code (IAC) sections that apply to this report including: general standards for accreditation, the purchase of instructional materials, and professional development.


Appendix A: Groups and Individuals Interviewed

Interim Superintendent • T.J. Schneckloth, J.B. Young Achievement Center

Director of Curriculum • Corri Guy, J.B. Young Achievement Center

General Education Paraeducators • Marcella Barnhart, West High • Kristine Johnson, Children’s Village at Hoover • Mark Deffenbaugh, Smart Intermediate • Mary Cox, Garfield Elementary • Diane Beyer, Madison Elementary • Zellina Hampton, Children’s Village West • Dawn Mohr, Adams Elementary • Mary Wilson, Adams Elementary • Rita Schroeder, West High • Mary Ann Petruccelli, Monroe Elementary

• Julie Hirst, Wilson Elementary • Jean Molloy, Mid-City High • Gracia Hentze, Monroe Elementary • Kimber McIntire, Smart Intermediate • Traci Hensel, Eisenhower Elementary • Jackie Bloch, Madison Elementary • Kathleen Groenbeck, Hayes Elementary • Lisa Hagen, West High • Julie Schloeme, Adams Elementary

Associate Superintendent and Director of Special Education • Rob Scott, J.B. Young Achievement Center

Director of Human Resources and Equity • Dr. Erica Goldstone, J.B. Young Achievement Center

Special Education Paraeducators • Rosemary Garcia, Smart Intermediate • Joe DeCook, Wilson Elementary • Ruben Gonzalez, North High • Mayela Rogers, Children’s Village West • Jessica Osborn, Blue Grass Elementary • Breanna Remaly, Smart Intermediate • Roberta Beadle, North High • Jacqueline Reuter, Walcott Intermediate • Wendy Cash, Hayes Elementary • Mildred Ford, Monroe Elementary • Heather Heitz, Wilson Elementary

• Nicky Hill, Wood Elementary • Julie Mooney, Jackson Elementary • Susanne Schroeder, Washington Elementary • Madalyn Smith, McKinley Elementary • Dawn Mohr, Adams Elementary • Patricia Smith, Buffalo Elementary • Desiree Miller, Central High • Stephen Echols, Central High • Jennifer Zimmerman, Children’s Village at

Hoover • Wendy Startz, Blue Grass Elementary

Associate Superintendent • Bill Schneden, J.B. Young Achievement Center

Director of Federal and State Programs • Patti Pace-Tracy, J.B. Young Achievement Center

Principals • Rachel Ivory, Buchanan Elementary • Heidi Gilliland, Buffalo Elementary • David Martin, Eisenhower Elementary • Mandie Bollman, Fillmore Elementary

• Julie Heller, Williams Intermediate • Tom Green, Garfield Elementary • Shari Larsen, Wilson Elementary • Tammy Conrad, Preschool


• Tonya Wilkins, Creative Arts Academy • Sheri Simpson Schultz, Wood Intermediate • Laura Finn, Adams Elementary • Sara Gott, Blue Grass Elementary • Lisa Baxter, Harrison Elementary • Alan Hartley, Hayes Elementary • Kamie Montoya, Jefferson Elementary • Ben Driscoll, Monroe Elementary • Christine Willis, Truman Elementary • Chad Jones, Washington Elementary

• Steve Mielenhausen, Madison Elementary • Jon Flynn, Central High • Jake Klipsch, Mid City High • Jay Chelf, North High • Cory Williams, West High • Garet Engel, Keystone Academy • James Caparula, Smart Intermediate • Mike Garnica, Walcott Elementary &

Intermediate

EL Paraeducators • Nahira Colon-Lopez, Williams Intermediate • Maria Johnson, Monroe Elementary • Maria Medrano, Jefferson Elementary • Mirtha Munoz, West High

• Brenda Sedam, Adams Elementary • Austin Williams, West High • Mary Williams, Buchanan Elementary

Preschool Teachers • Kayla Arnold, Buffalo • Pamela Bergman, CV West • Rebecca Frandsen, Vocational Teacher • Samantha Frye, CV Young • Anne Hamma, CV Hoover

• Elizabeth Kempnich, CV West • Jill Pepper, CV West • Megan Privatsky, CV West • Kendra Thompson, CV West • Helen Vogel, CV Hoover

EL Teachers • Jordan Chappell, Jefferson Elementary • Michelle Tvedt, Monroe Elementary • Olga Foster, Williams Intermediate

• Annette Petz, Adams Elementary • Myriam Stangherlin, West High

General Education Teachers • Karen Abbott-Hass, Jackson Elementary • Max Duvall, Central High • John Ripslinger, Walcott Intermediate • Jane Jurgens, McKinley Elementary • Bree Johannsen, McKinley Elementary • Brian Zeglis, Central High • Jessica Gascho, Smart Intermediate • Alexander Berg, Central High • Nathan Fisher, Harrison Elementary • Tina Richter, Eisenhower Elementary • Deborah Hall, West High • Meredith Tangen, North High • Stephanie Forsyth, McKinley Elementary • Vicki Heskett, Smart Intermediate • Colleen McCarty-Tomlinson, Central High • Shawn Hanna, Wood Intermediate • Stefanie Ducy, Hayes Elementary • Thomas Knight, Hayes Elementary • Laura Weaver, West High • Polly Guy, Harrison Elementary

• Allison Gaffey, Truman Elementary • Sara Hilmer, Hayes Elementary • Tatiana Holman-Triplett, Buchanan

Elementary • Maureen Rausch, Central High • Jillian Butters, Williams Intermediate • Leigh Barrett-Smith, Garfield Elementary • Audra Hawkinson, West High • Jacquelyn Leonard, Williams Intermediate • Annette Petz, Adams Elementary • Marcelina Bixler, Harrison Elementary • Kelley Gillund, Williams Intermediate • Michele Foley, Wilson Elementary • Michelle Wulf, Monroe Elementary • Alyssa Linnenbrink, Fillmore Elementary • Allie Stecklein, North High • Sara Ellen Comstock, Buffalo Elementary • Rachel Albee, Fillmore Elementary • Jacob Barker, Madison Elementary • Kayla Reller, Jefferson Elementary • Ann Willis Schultz, Garfield Elementary


• Tewanta Jo Miller, Wilson Elementary • Suzanne Benhart, North High • David Wilkinson, North High • Toi Allen, Buchanan Elementary • Christopher Miller, Jefferson Elementary

• Rachel Revelez, Smart Intermediate • Carissa Johnson, Central High • Clarence Jay Swords, North High • Teresa Dorethy, Williams Intermediate • Jennifer Walcher, Wilson Elementary

Community Members • Pastor Roger Kirk, Third Missionary Baptist Church • Loxie Hopkins, Quad City Interfaith Council • Vera Kelly, NAACP Vice-President • Dr. Henry Brockington, Retired, Palmer College of Chiropractic

Homeless and Migrant Liaison • Ellen Reilly

Equity Coordinator • Jabari Woods

Board Members • Ralph Johanson • Linda Hayes • Daniel Gosa • Julie DeSalvo

• Clyde Mayfield • Dr. Allison Beck • Bruce Potts

Special Education Specialists • Kim Dorsey • Susan Downs • Gus Hawbaker • Lynn Koelker • Beth Hawkenson

• Bruce Noah • Marty Schlitz • Amber Spiva • Stacy Struck • Krista Vrombaut

Special Education Teachers • Yvette Bowe, West High • Sarah Reagan, Adams Elementary • Krista Cooper, West High • Lori Palmgren, Central High • Jessica Messina, Jackson Elementary • Wayne Brewer, Buffalo Elementary • Debbie Porter Weindruch, Madison

Elementary • Amanda Deater, McKinley Elementary • Amy Saskowski, Wood Intermediate • Michael McCartney, Smart Intermediate

• Stephanie Lambert, Smart Intermediate • Robert Tyson Long, North High • Sharon Schumann, Wood Intermediate • Richard Edwards, Central High • Heather Schloemer, Madison Elementary • Cheryl Butz, Wood Intermediate • Laura Mayes, Smart Intermediate • Angelia Mitchell, Sudlow Intermediate • Shelley Wallace, Mid City High • Shauna Batson, Harrison Elementary

Before and After School Coordinator • Shaney Ford

EL Director • Dawn Anderson Rascher, J.B. Young Achievement Center


New Superintendent • Dr. Robert Kobylski


Appendix B: Interview Questions

Interim Superintendent ● Tell us about the organizational structure of the district. ● How do staff at Davenport CSD communicate with one another (e.g., from district to buildings,

buildings to central office, teachers to principals). Is there a culture of open communication? ● What is the most important thing you are doing district-wide to increase student achievement?

Student behavior and social-emotional learning? ● Who makes decisions about what programs are implemented for academics? Behavior and social-

emotional learning? ● How do you know the things you are doing in the district are evidence or research based? ● Are key staff attending program training/meetings provided by the State or Federal government? ● How does the district monitor implementation of improvement activities? Examples might include

literacy initiatives, professional development. ● How do you know if what you are doing to support instruction is working? To support behavior? ● Do you have a district-wide action plan? Evaluation plan? Professional learning plan? ● Who makes decisions about how resources are allocated? ● Was there turn over in any key staff positions in the last year? ● How does the district determine how to use resources (e.g., FTE and funds, across buildings, within

buildings)? ● The district is using Title II, Part A funds towards class size. How did the district determine this was

the best use of Title II, Part A funds? How is the district ensuring that all criteria are met in order to use funds for class size reduction (i.e., must reduce class size to 17-22 or fewer, must use in grades K-3, must use in classes taught by highly-effective teachers)? How is the district measuring the impact on student achievement?

● What procedures does the district have in place to ensure that funds used for professional development services align with the definition under ESSA? For example, “professional development” activities under ESSA must be sustained (not stand-alone, one-day, or short-term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused.

● What procedures does the district have in place to ensure that the district complies with the restriction to supplement rather than supplant state and local funds when using federal categorical funds?

● What procedures does the district have in place for monitoring expenditures to ensure money is spent within categorical purpose, particularly for federal funds such as Title I and II or IDEA?

● How many ELs does Davenport CSD serve? ● Tell us about the support given ELs and their families in the Davenport district. ● Where can you find your district’s Lau Plan? What does it entail (generally)? ● Who is the district's equity coordinator? ● Who coordinates documentation and record keeping for grievances, complaints, bullying or

harassment incidents and any other record keeping for the district regarding equity-related issues? ● What processes are in place to evaluate equity practices in the district? How do you recognize

possible patterns of discrimination or identify any systemic problems in the school’s response to equity related issues?

● What is the process for notifying students, parents, employees, applicants for employment, and community members about the nondiscrimination policy?

● What steps do you take to ensure the annual and continuous notifications of nondiscrimination are consistently published?

● How do you ensure that district publications and notices are available to families in languages other than English?

● How is the district grievance procedure shared, implemented, and revised to meet the needs of students, staff, and parents? Is it clear which procedures apply to discriminatory harassment?

● How and when have these grievance procedures been used in the district? Please provide specific examples.

● Describe the district's definition of what type of conduct constitutes bullying and harassment.


● What personnel are involved when incidents of bullying or harassment occur and what are their responsibilities?

● How do staff and students know how to report incidents of bullying or harassment? ● In cases of bullying/harassment, how does the school ensure targets of bullying/harassment are

protected? ● What specific training has the district provided to staff, students, and parents about harassment and

bullying, including sexual harassment or assault related to Title IX? ● What do the district's Conditions for Learning data tell you about your school climate? ● Does the district review and analyze enrollment patterns and achievement trends on an annual

basis? Who is involved with the process? Are these data shared with staff? ● If there are any programs with disproportionate enrollment, what steps has the district taken to

address the issue? ● How are Section 504 plans developed and monitored? Who is the district’s 504 coordinator? ● What are the strengths of the district in the area of equity? What challenges does the district have in

the area of equity? How is the district handling these challenges? ● What are your plans for ongoing interactions/relationship with the AEA? Describe your

interactions/relationship with the AEA. ● What do you believe are the district's greatest accomplishments since last year's report? What are

your hopes for next year? ● Is there anything else you want us to know that we did not ask about?

Director of Curriculum ● Please describe your administrative structure, including how special education administrative

decisions are made. ● How is information regarding student achievement, and other aspects of the district/school

communicated to the public? ● What does your data show about the outcomes of your subgroup populations, compared with the

general population? ● What efforts are underway to improve effectiveness of universal instruction across the district? How

have they affected your referral and identification rates for special education? ● Please discuss the achievement gaps of subgroup populations and how the district is addressing

those gaps. ● What district supports and services are provided for students with various learning needs in various

district placements to access the curriculum (e.g., EL, IEPs including learners with challenging behaviors or on the alternate assessment)?

● What professional learning supports have been provided to general and special education teachers related to the increased participation of IEP students in general education?

● What are the procedures you follow for implementing seclusion and restraint practices? How do you know if those practices are successful for a student?

● Was there turn over in any key staff personnel in the last year? ● Are key staff attending program training/meetings provided by the state or federal government? ● How does the district determine how to use resources (e.g., FTE and funds, across buildings, within






● How does the district monitor implementation of improvement activities? Examples might include literacy initiatives, professional development.

● How do you know if what you are doing to support instruction is working? To support behavior? ● What procedures does the district have in place for monitoring expenditures to ensure money is

spent within categorical purpose, particularly for federal funds such as Title I and II or IDEA? ● How do you ensure that staff have what they need to support ELs’ academic and linguistic needs? ● How do you ensure that all ELs are included in and supported in grade-level core instruction? ● How does the district ensure that general educators who work with ELs are equipped to support ELs

academic success? ● What are your plans for ongoing interactions/relationship with the AEA? Describe your



General Education Paraeducators ● Please tell us your name, the number of students with whom you work, where you are located

(building) and how long you have worked with the district. ● What does a typical day look like for you? ● How are your assignments decided (e.g., what building, what classes, which students)? ● Do you work with any ELs? If so, tell us how? ● Do you know of any students on IEPs that receive services in the typical classroom where the special

education teacher only consults with the general education teacher? ● What is the process that is used to change services if it is identified that what you are doing is not

working for the individual? Who makes that decision and what data are reviewed in the process? ● If you are struggling with meeting a student's learning or behavioral needs who do you go to for

support? ● How are parents involved with decision-making? ● What, if any, changes has the district made since last year's visit and report? ● What are the districts greatest challenges that are a barrier for you to meet student needs? ● What are the greatest strengths/supports of the district that allow you to meet student needs? ● Is there anything else you want us to know that we did not ask about? ● Additional equity probes:

○ Have you been included with teachers in professional development related to differentiation of instruction? Implementation of multicultural gender fair instructional approaches?

○ Please describe your understanding of how Section 504 is utilized in the district. ○ Who is the district’s equity coordinator? What is their role? How do you know? ○ Are students from diverse groups equitably involved in classes and academic programs (e.g.,

by gender, racial/ethnic background, disability, ELs, economically disadvantaged students)? How do you know?

○ Are students from diverse groups equitably involved in extracurricular activities? How do you know? How do students find out about extracurricular activities and the identity of the activity coordinator?

○ How are parents, students, and staff members notified about the availability of district programs for supporting: students at-risk of failing or dropping out of school, language assistance for ELs, and services for homeless students?

○ Have you received training on how to recognize and report harassment, bullying, and hazing in both the educational setting as well as the work setting, including sexual harassment? Do you provide similar training for students in your classroom?

Associate Superintendent and Director of Special Education ● Tell us about the organizational structure of the district. ● How do staff at Davenport CSD communicate with one another: from district to buildings, buildings to

central office, teachers to principals, etc. Is there a culture of open communication?


● What is the most important thing you are doing district-wide to increase student achievement? Student behavior and social-emotional learning?

● Who makes decisions about what programs are implemented for academics? Behavior and social-emotional learning?

● How do you know the things you are doing in the district are evidence or research based? ● Are key staff attending program training/meetings provided by the State or Federal government? ● How does the district monitor implementation of improvement activities? Examples might include

literacy initiatives, professional development. ● How do you know if what you are doing to support instruction is working? To support behavior? ● Do you have a district-wide action plan? Evaluation plan? Professional learning plan? ● Who makes decisions about how resources are allocated? ● Was there turn over in any key staff positions in the last year? ● How do special education and EL staff work together to serve students who are both on an IEP/504

and eligible for EL services and programming? ● Describe the district's current continuum of placements/services. (Reference the DDSDP and ask

where those services are provided) ● How does the district determine how to use resources (e.g., FTE and funds, across buildings, within






● How many ELs does Davenport CSD serve? ● Tell us about the support given ELs and their families in the davenport district. ● Where can you find your district’s Lau Plan? What does it entail (generally)? ● Who is the district's equity coordinator? ● Who coordinates documentation and record keeping for grievances, complaints, bullying or






● How is the district grievance procedure shared, implemented and revised to meet the needs of students, staff and parents? Is it clear which procedures apply to discriminatory harassment?


● Describe the district's definition of what type of conduct constitutes bullying and harassment. ● What personnel are involved when incidents of bullying or harassment occur and what are their

responsibilities? ● How do staff and students know how to report incidents of bullying or harassment?


● In cases of bullying/harassment, how does the school ensure targets of bullying/harassment are protected?

● What specific training has the district provided to staff, students, and parents about harassment and bullying, including sexual harassment or assault related to Title IX?

● What do the district's Conditions for Learning data tell you about your school climate? ● Does the district review and analyze enrollment patterns and achievement trends on an annual


address the issue? ● How are Section 504 plans developed and monitored? Who is the districts 504 coordinator? ● What are the strengths of the district in the area of equity? What challenges does the district have in




Director of Human Resources and Equity ● What are your duties as the district equity coordinator? ● Have you received the training necessary to fulfill the equity coordinator role? If yes, elaborate on the

types and content of those training(s). ● How does the district notify staff, students, and families about your role as an equity coordinator? ● How do you interact and meet with building principals and teachers in your role? ● How often are policies and procedures reviewed to ensure compliance with OCR and IDEA? ● How do students, families, and staff receive information about the district’s procedure for processing

grievances related to the non-discrimination and harassment policies? ● What community groups, organizations, and agencies does the district communicate with and

collaborate with in efforts to better meet the needs of its diverse student population? ● What equity/diversity-related issues and/or grievances have you dealt with in the past year? Have

common themes emerged? If so, how would you define those commonalities? ● What data do you use to identify patterns of discrimination or identify any systemic problems in the

school’s response to equity related issues, other than in situations that have resulted in a complaint that has been filed?


● What does the district's data indicate regarding bullying and harassment? ● Describe strategies the district has implemented to prevent, address and stop bullying and

harassment. Are the strategies implemented district-wide? What evidence is used to measure the fidelity of these prevention strategies?

● Are all students, staff and parents aware of the district's policies regarding reporting incidents of bullying and harassment? How and where has this been communicated?

● What have you learned from your most recent analysis of building, program, and course enrollment data by racial/ethnic background, gender, and disability?

● Are you aware of any programs which have disproportionate enrollment? (i.e., Males/females - more than 80% of one gender, concentration of students with disabilities, concentration of ELs or students of color? If disproportionate enrollment exists in the district what steps are being taken to address the issue?

● Are there strategies in place to involve/enroll students from under-represented groups? ● Describe specific steps the district has taken to examine and eliminate any implicit or explicit bias

which prevents students from enrolling in CTE or elective courses. ● What actions has the district or content area staff taken to ensure that course information about CTE

opportunities is available to all students in their native language? Is this shared with the parents? ● What actions or steps have you taken to communicate district expectations regarding equitable

access to all courses with staff?


● Was there turn over in any key staff personnel in the last year? ● Are key staff attending program training/meetings provided by the state or federal government? ● How does the district determine how to use resources (e.g., FTE and funds? Across buildings? Within

buildings? ● The district is using Title II, Part A funds towards class size. How did the district determine this was





● Are you familiar with what the district does to address the academic and linguistic needs of English Learners?

● How does the district ensure that families of these learners are engaged? ● What do you believe are the district's greatest accomplishments since last year's report? What are


Special Education Paraeducators ● Please tell us your name, the number of students with whom you work, where you are located

(building), and how long you’ve worked with the district. ● What does a typical day look like for you? ● How are your assignments decided (e.g., what building, what classes, which students)? ● Do you work with any ELs? If so, tell us how? ● How are placement decisions made? If students attend specific programs/locations, are there

general assumptions about the services the student will receive (e.g., pull out music, physical education)?

● Do you know of any students on IEPs that receive services in the typical classroom where the special education teacher only consults with the general education teacher?

● What is the process that is used to change services if it is identified that what you are doing is not working for the individual? Who makes that decision and what data are reviewed in the process?

● If you are struggling with meeting a student's learning or behavioral needs - who do you go to for support?

● How are parents involved with decision-making? ● What, if any, changes has the district made since last year's visit and report? ● What are the districts greatest challenges that are a barrier for you to meet student needs? ● What are the greatest strengths/supports of the district that allow you to meet student needs? ● Do you have the training and support you need to be effective? ● Is there anything else you want us to know that we did not ask about? ● Who is the district’s equity coordinator? What is their role? How do you know? ● How are parents, students and staff members notified about the availability of district programs for

supporting: students at-risk of failing or dropping out of school, language assistance for ELs, and services for homeless students?

● Have you received training on how to recognize and report harassment (including sexual harassment), bullying, and hazing in both the educational setting as well as the work setting? Do you provide similar training for students in your classroom?


Associate Superintendent ● Tell us about the organizational structure of the district. ● How do staff at Davenport CSD communicate with one another: from district to buildings, buildings to

central office, teachers to principals, etc. Is there a culture of open communication? ● What is the most important thing you are doing district-wide to increase student achievement?

Student behavior and social-emotional learning? ● Who makes decisions about what programs are implemented for academics? Behavior and social-

emotional learning? ● How do you know the things you are doing in the district are evidence or research based? ● Are key staff attending program training/meetings provided by the State or Federal government? ● How does the district monitor implementation of improvement activities? Examples might include

literacy initiatives, professional development. ● How do you know if what you are doing to support instruction is working? To support behavior? ● Do you have a district-wide action plan? Evaluation plan? Professional learning plan? ● Who makes decisions about how resources are allocated? ● Was there turn over in any key staff positions in the last year? ● How does the district determine how to use resources (e.g., FTE and funds, across buildings, within



○ Must reduce class size to 17-22 or fewer; use in grades K-3; and in classes taught by highly-effective teachers.




● How many ELs does the Davenport schools serve? ● Tell us about the support given ELs and their families in the davenport district. ● Where can you find your district’s Lau Plan? What does it entail (generally)? ● Who is the district's equity coordinator? ● Who coordinates documentation and record keeping for grievances, complaints, bullying or






● How is the district grievance procedure shared, implemented and revised to meet the needs of students, staff and parents? Is it clear which procedures apply to discriminatory harassment?


● Describe the district's definition of what type of conduct constitutes bullying and harassment.


● What personnel are involved when incidents of bullying or harassment occur and what are their responsibilities?

● How do staff and students know how to report incidents of bullying or harassment? ● In cases of bullying/harassment, how does the school ensure targets of bullying/harassment are

protected? ● What specific training has the district provided to staff, students and parents about harassment and

bullying, including sexual harassment or assault related to Title IX? ● What do the district's Conditions for Learning data tell you about your school climate? ● Does the district review and analyze enrollment patterns and achievement trends on an annual


address the issue? ● How are Section 504 plans developed and monitored? Who is the district’s 504 coordinator? ● What are the strengths of the district in the area of equity? What challenges does the district have in




Director of Federal and State Programs ● Please provide us a brief overview of your job responsibilities. ● Was there turn over in any key staff personnel in the last year? ● How does the district determine how to use resources (e.g., FTE and funds, across buildings, within

buildings)? ● Are key staff attending program training/meetings provided by the State or Federal government? ● The district is using Title II, Part A funds towards class size. How did the district determine this was

the best use of Title II, Part A funds? How is the district ensuring that all criteria are met in order to use funds for class size reduction (i.e., must reduce class size to 17-22 or fewer, must use in grades K-3, must use in classes taught by highly-effective teachers)? How is the district measuring the impact on student achievement? (Must reduce class size to 17-22 or fewer; use in grades K-3; and in classes taught by highly-effective teachers).




● How do you know if what you are doing to support instruction is working? To support behavior? ● What procedures does the district have in place for monitoring expenditures to ensure money is

spent within categorical purpose, particularly for federal funds such as Title I and II or IDEA? ● How do you ensure that meaningful consultation with nonpublic schools occurs in a timely matter? ● Does the LEA review the actual expenditures of each Title I building against the building allocations

found in the Title I budget in CASA, which determined the calculated amount to ensure each building is receiving and expending the appropriate amount of funding?

● Can the LEA verify the resident and low-income counts used to determine Title I building status on the approved selection of schools found in the CASA application?

● Were Title I funds expended appropriately in the correct amounts for each building as approved in the CASA application?

● Does the LEA keep documentation of parent/school compacts for current year?


● Does the LEA have documentation that indicates parents have been notified that they may request information regarding the professional qualifications of the student’s classroom teachers?

● Does the LEA retain documentation that exists that parents have been notified if their students are instructed for four continuous weeks by a teacher that does not meet the definition of “highly qualified?

● Does the LEA have documentation that exists to indicate parents have been notified that they may request access to their student’s state assessment scores?

● Does the LEA have documentation that exists that parents and community members have been informed and provided access to the district/state report cards?

● Does the LEA have documentation to show that an evaluation of the Title I parent and family engagement program is conducted annually?

● Does the LEA have documentation on file to show that each Title I school has convened an annual meeting to which all parents of participating children are invited for the purpose of explaining the Title I program, its requirements, and their right to be involved, including parents of children who are disabled, migrant, or EL?

● Does the LEA have documentation on hand that shows communication to parents is expressed in a language parents can understand?

● Does the LEA have documentation to illustrate that each Title I school has developed, jointly with parents of children participating in Title I, Part A service, a written school parental involvement policy that describes how the school will carry out the parental involvement requirements in ESEA section 1116(c)-(f), including the development of a school-parent compact?

● Does the LEA have documentation that shows that a public notice of educational rights and opportunities of students in homeless situations is disseminated?

● Does the LEA have documentation that shows policies and practices are in place to ensure there are no barriers for homeless students to enroll?

● Does the LEA have documentation that their homeless liaison has received appropriate professional development?

● Does the LEA have documentation that the homeless liaison/district has provided training on McKinney-Vento to all staff?

● Does the LEA have documentation to demonstrate that Title I funds were expended appropriately in the amounts generated by each building on the approved Title I budget found in CASA.

● Does the LEA have documentation that shows equitable services are being provided to private school children?

● Please explain how private school services are provided? ● Please explain how the district monitors the progress of private school student(s) achievement

during the school year and evaluates the success of the Title I program in the private schools each year?

● How were private school officials consulted regarding the planning, design, implementation and participation in federal programs, and, if applicable, transferability options and REAP flexibility and that consultation is ongoing and meaningful?

● What criteria is used to select Title I students for services? How do you verify that all participating private school children are residents of an eligible Title I school attendance area?

● Private school Title I services must be operated as a targeted assistance program where only eligible students receive Title I services. How do you determine and verify that only eligible private school students are selected for services and provided Title I services in a secular, neutral and non-ideological location.

● Was the LEA allocated federal funds to be used for Private School children in the current school year? Does the LEA have procedures in place to ensure the private school share is obligated within the fiscal year of the award?

● Has the LEA used public school personnel to provide equitable services? ● Were the services provided by the public school personnel supplemental services not normally

provided by the private school? ● Does the LEA have written policies and procedures to ensure federal funds are used in accordance

with all federal requirements of allowable costs?


● Does the LEA have written policies and procedures covering the use, management, and disposition of property acquired with federal funds? Do you have a system in place to track and inventory all property purchased with federal funds?

● Are Personnel Activity Reports or equivalent documentation maintained for employees whose activity is split between multiple cost objectives and whose salaries are supported by federal funds or other funds?

● Does the LEA have documentation to show that the services provided meet Title I comparability requirements (e.g., current comparability report and documentation to show student count and FTE)?

● How do your language instruction educational programs help to ensure ELs gain both English proficiency success in core academic subjects?

● Describe the effective instructional programs provided ELs to ensure meaningful participation and success in “all-English” instructional settings?

● How does the district promote parental, family, and community participation in language instruction educational programs for the parents, families, and communities of ELs?

● Please describe the district's policies and processes for involving/partnering with the community. Include examples of current partnerships.

● How has the Project Aware grant been used to prevent violence, reduce bullying and empower youth?

● Is there anything else you want us to know that we did not ask about?

Principals ● Was there turn over in any key staff personnel in the last year? ● Are key staff attending program training/meetings provided by the state or federal government? ● Explain the teacher evaluation process used in the district. How has it led to positive changes in

instruction and student achievement? ● How do principals promote a school-wide environment that is safe, healthy, inclusive and caring for

all students, staff, and families? ● What are the processes used by the district and buildings to collect and analyze formative and

summative data regarding student achievement and program results? How are these data used to plan next steps?

● How does the district determine the focus of professional development including: the use of data, implementing, monitoring, and evaluating professional development?

● How does professional development prepare all staff to address specific needs of students who have IEP's, are at-risk, potential drop outs, EL, and/or gifted and talented?

● Who makes decisions about what programs are implemented for academics? Behavior and social-emotional learning?

● How do you know the things you are doing in the district are evidence or research based? ● How does the district monitor implementation of improvement activities? Examples might include

literacy initiatives, professional development. ● How do you know if what you are doing to support instruction is working? To support behavior? ● How are decisions made about the services that students with IEPs receive (e.g., support needs

including paraeducators, class placement)? ● Please describe the continuum of special education placements/services provided in your building.

What is the process if a student who moves into your school who needs something different than is currently provided? Follow-up probe: Do any of your students receive special education services in the general classroom? If so, what role does the special education teacher play?

○ Looking to see if the general education with consultation is available/provided ● How are you addressing the issue of minority overinclusion in special education? ● How are parents involved in decision-making? ● How do you delineate between behaviors caused by a disability and those requiring appropriate

discipline/punishment? ● How do you ensure that district publications and notices are available to families in languages other

than English? ● How do you ensure that all staff, students, and parents are aware of the availability, location, and

instructions for completion of (bullying and harassment/discriminatory) grievance forms?


● What does the district’s data indicate regarding bullying and harassment? ○ Have administrative staff received training on the district’s grievance procedure and

strategies for investigating complaints of bullying and harassment from staff and students? ○ What personnel are involved when incidents of bullying or harassment occur and what are

their responsibilities? ● How do you recognize possible patterns of discrimination or identify any systemic problems in the

school’s response to equity related issues? ● Are lab stations and work areas accessible or adaptable for students in wheelchairs? If they were

not, what would be done to change the situation? ● How are Section 504 plans developed and monitored? ● Describe your collaboration and communication with the Equity Coordinator, the Section 504 Plan

Coordinator, the special education staff and ESL staff. ● Does the district provide workplace-based learning programs? If so, please describe. When you

review workplace-based job assignments does the data indicate that males and females are placed in jobs that are both traditional and nontraditional for their sex?

● Is your building served with Title I funds? ○ Has each schoolwide building developed a comprehensive plan with the involvement of

parents and other members of the community? Is the plan available to the local educational agency, parents and public and understandable and provided in a language that parents can understand? ESEA § 1114(b)(2)-(7)

○ Does the LEA have documentation that shows multiple criteria are being used for identification of students in Targeted Assistance buildings?

○ Does the LEA maintain documentation that displays the eligible students that are identified for Title I in Targeted Assistance buildings?

● How do you ensure that all ELs are included in and supported in grade-level core instruction? ● How does the district ensure that general educators who work with ELs are equipped to support ELs

academic success? ● How are EL families engaged and supported to ensure their students’ or child(ren)’s success? ● What changes has the district made since last year's visit and report? ● Is there anything else you want us to know that we did not ask about?

EL Paraeducators ● Describe how you support ELs throughout the day. ● How do you know when to support the student with the native language versus English? ● Do you communicate with parents? If so, describe the situations and frequency. ● Do you feel like you have the skills and training needed to be successful in your role? ● Is there anything else you want us to know that we did not ask about? ● Additional equity probes:

○ Have you been included with teachers in professional development related to differentiation of instruction? Implementation of multicultural gender-fair instructional approaches?

○ Please describe your understanding of how Section 504 is utilized in the district. ○ Who is the district’s equity coordinator? What is their role? How do you know? ○ Are students from diverse groups equitably involved in classes and academic programs (e.g.,

by gender, racial/ethnic background, disability, ELs, economically disadvantaged students)? How do you know?

○ Are students from diverse groups equitably involved in extracurricular activities? How do you know? How do students find out about extracurricular activities and the identity of the activity coordinator?

○ How are parents, students, and staff members notified about the availability of district programs for supporting: students at-risk of failing or dropping out of school, language assistance for ELs, services for homeless students?

○ Have you received training on how to recognize and report harassment (including sexual harassment), bullying, and hazing in both the educational setting as well as the work setting? Do you provide similar training for students in your classroom?


Preschool Teachers ● Describe the district's involvement in the preschool programming in areas such as curriculum, child

assessment, instruction, and learning standards? ● What does the district do to ensure learning environments are safe, inclusive, and caring for all staff,

children, and families? ● How do staff interact with children, families, and other staff who may have differences in areas such

as family structure, parenting, religion, or abilities? ● What information does the district provide to identify, counter, and prevent potential bias and

discrimination that are based on differences with respect to these or other areas? ● How are childrens’ developmental abilities and progress assessed in your classroom? How often is

the information reviewed either by teaching staff or district administration? ● What decisions are made based upon the results of the assessment of children's abilities and

progress? ● What is your role in determining services and supports for children needing intensive interventions or

children needing special education services? ● How would it be decided that children needing additional supports and services are moved to a

different classroom setting? Are decisions based upon the age of a child (3, 4, or 5), special education services, or other reasons?

● How does the district encourage and support teachers to have a voice in decision-making? ● Are teachers able to advocate for appropriate services for children and their families at IEP team

meetings? ● Are you ever told what services are and are not available at Davenport for children with disabilities?

For instance, minutes of instruction or possible placements. ● What support do you get from your AEA? ● How are preschool staff involved in determining the focus of professional development? What

supports are provided for you to continue to learn instructional strategies and interventions to meet preschool children's social-emotional, behavioral, and developmental learning needs?

● What opportunities are provided for teachers to assume leadership roles within the district? Describe how you become aware of and involved in leadership opportunities.

● How do you engage families as partners in their child’s education? ○ Additional equity probe: How do you communicate with families who are limited in English

proficiency? ● Do you work with any children learning dual-language/ELs? If so, tell us how you support the learning

for dual language learners in your classroom? ● What do you believe are the district's greatest accomplishments in the last year? What are your

hopes in the next year? ● Is there anything else you would like to tell us at this time?

EL Teachers ● Describe how the district has clearly articulated a vision for the Iowa Core implementation and

English Learner Proficiency standards, including expected results for students? Do district stakeholders (including EL families) understand and agree with this vision?

● Please describe the components of the program including: administration and interpretation of the Home Language Survey, identification criteria, program and service components, classroom supports, and exit criteria.

● How are EL parents engaged in their child’s educational planning and in the transition of their students’ plans after high school?

○ Additional equity probes: ■ How is information about the support services of your program communicated to the

families of students who may need them? ■ How do administrators and teachers communicate important information and

messages to the parents and families of ELs? ● What data points are used to determine program effectiveness (academic/non-academic) and what

is being learned from these data?


○ Additional equity probes: ■ Are enrollments in programs, courses, and activities monitored on an annual basis to

identify any gender typed enrollment patterns, racial/ethnic over or underrepresentation, or to ensure that students with disabilities are placed in the LRE possible?

■ What does a review of the discipline data in your district tell you? ■ How are parents, students, and staff involved in the development of discipline

policies? ■ What actions has the district taken as a result of the study of the discipline data?

● Describe for us how teachers meet the requirement for collaboration/peer review in this district and what changes have taken place instructionally because of the peer review process (i.e., Iowa Code requires that at least 36 hours annually “outside of the minimum school day,” during “non-preparation time or designated professional development time,” must be used by “practitioners to collaborate with each other” or “to engage in peer review” activities).

○ Additional equity probes: How do you collaborate with general education teachers to facilitate the learning and provide support for ELs unique learning needs? Basic skills needs and English language assistance? Students who are failing academically or in danger of dropping out of school?

● Sometimes students are teased (harassed) and it can happen in different ways (e.g., called names, made fun of, excluded from a group, ignored on purpose, hit, kicked, pushed, shoved, subjected to hurtful gestures or false rumors/sexual jokes about them, threatened via email, text, social media). In your opinion, how often does this happen at your school?

○ Additional equity probes: ■ Have you received training on how to recognize and report harassment, bullying, and

hazing in both the educational setting as well as the work setting, including sexual harassment?

■ Do you provide similar training for students in your classroom? ● How accepting are students and staff in this school of other students who are “different” than

themselves (racially, culturally, and socioeconomically)? ○ Additional equity probes:

■ Who is the equity coordinator for your district? ■ What is the role of the equity coordinator? How do you know? ■ How does the district reflect, respect, and celebrate the diversity of its students and

its community? ● In implementation planning of the Iowa Core, how have leaders prioritized the training of all teachers

to align their classroom practice with Iowa Core expectations? Please explain. ● How do teachers and administrators in this district determine which students are most likely to need

the most support to meet the expectations of the Iowa Core? ● Are you included in professional development concerning the Iowa Core? Student

discipline/management? Instructional strategies? ● Please share what changes you hope your district will achieve in the next five years. ● How do you ensure that the academic and linguistic needs of ELs are addressed? ● How are EL families engaged and supported to ensure their students’ or child(ren)’s success? ● Do you administer the ELPA21 summative and/or ELPA21 Dynamic screener? How often do you do

the training? How is it administered? ● How are students placed into a language instruction educational program (LIEP)? ● What is the schedule of a newcomer? ● How do you ensure that all ELs are included in and supported in grade-level core instruction? ● How does the district ensure that general educators who work with ELs are equipped to support ELs

academic success in the mainstream? ● Describe the curriculum used specifically for ELs. ● When did you update your Lau Plan? Who was involved? Where can you find your district’s Lau Plan? ● Is there anything else you want us to know that we did not ask about?


General Education Teachers ● Describe the district's vision for student success and what it means, including expected results for

students. ● Are there opportunities for teachers to assume leadership roles within the district? If so, describe

those opportunities. Are all teachers encouraged to assume leadership roles? ● Describe your teacher evaluation process in the district. What impact does your evaluation have on

your instructional practice(s)? ○ Additional equity probe: How does the teacher evaluation process enhance respect for

diversity in the classroom? ● Describe for us how teachers meet the requirement for collaboration/peer review in this district and

what changes have taken place instructionally because of the peer review process (i.e., Iowa Code requires that at least 36 hours annually “outside of the minimum school day,” during “non-preparation time or designated professional development time,” must be used by “practitioners to collaborate with each other” or “to engage in peer review” activities).

● What does the district do to ensure a safe learning and social environment for ALL students? ● To what degree is bullying/harassment occurring in your school? What steps has the district taken to

address bullying and harassment issues? ○ Additional equity probes:

■ Have you received training on how to recognize and report harassment, bullying, and hazing in both the educational setting as well as the work setting, including sexual harassment?

■ Do you provide similar training for students in your classroom? ● Sometimes students are teased (harassed) and it can happen in different ways. (i.e., calling names,

make fun of someone, teasing in a hurtful way, excluding someone from a group, ignoring someone on purpose, hitting, kicking, pushing, shoving, starting false rumors, threatening messages on email, text, chat room, etc., making sexual jokes about someone, making fun of someone because of their religion, hurtful gestures to someone). In your opinion, how often does this happen at your school?

● Are students and staff accepting of students who are “different” than themselves (e.g., racially, culturally, socioeconomically, physically)? How is the district preparing staff and students to be accepting of those who are different from themselves (e.g., racially, culturally, socioeconomically)?

● Do students leave this district prepared to live and work in a diverse environment and global economy? Please provide examples.

● What tools and technology are available in your school and how are they used to enhance instruction and student learning?

● How are teachers involved in determining the focus of professional development? How are educators engaged in high-quality professional development that is designed to rapidly and significantly improve their ability to teach the Iowa Core?

● How is professional learning changing your classroom practices? How is this professional learning designed to incorporate the use of standards-aligned, evidence-based instructional materials?

● What student achievement data do you review and what have you learned from the data about the achievement of ALL students in your class(es)? Have you made programmatic changes based on the data? Is so, please share.

○ If needed, prompt with programmatic changes such as: socioeconomic status (SES), racial/ethnic, ESL, gifted/talented, etc.

● What steps has the district taken to address achievement gaps? ○ Additional equity probe:

■ What kind of professional development has your district provided to help you with strategies to address the achievement gap?

● How do you engage parents as partners in their child’s education? ○ Additional equity probe: How do you communicate with parents who are limited in English

proficiency? ● How do teachers adjust their classroom instruction to meet individual student learning needs?

○ Additional equity probes: What language assistance is provided for ELs in your district? By whom?

● Please describe your understanding of how Section 504 is utilized in the district.


● What kind of professional development has your district provided to help you work effectively with diverse learners? Implement multicultural, gender fair approaches to instruction and curriculum? Can you share some examples of how you implement multicultural, gender-fair instructional approaches and curriculum in your classroom?

● How is this professional learning changing classroom practices? ● Please share what changes you hope your district will achieve in the next five years. ● What, if any, changes have the district made since last year's visit and report on special education

services? ● Do you work with any ELs? If so, tell us how you support those academic learning for ELs in your

classroom. ● Do you have the training and support you need to be effective in ensuring ELs academic success?

Please explain. ● What is the continuum of placements/services for students with disabilities provided in your

building? ● Is there anything else you would like to tell us at this time?

Community Members ● Describe the district's vision for student success and what it means, including expected results for

students. ● Are there opportunities for teachers to assume leadership roles within the district? If so, describe

those opportunities. Are all teachers encouraged to assume leadership roles? ● Describe your teacher evaluation process in the district. What impact does your evaluation have on

your instructional practice(s)? ○ Additional equity probe: How does the teacher evaluation process enhance respect for

diversity in classroom? ● Describe for us how teachers meet the requirement for collaboration/peer review in this district and

what changes have taken place instructionally because of the peer review process (i.e., Iowa Code requires that at least 36 hours annually “outside of the minimum school day,” during “non-preparation time or designated professional development time,” must be used by “practitioners to collaborate with each other” or “to engage in peer review” activities).

● What does the district do to ensure a safe learning and social environment for ALL students? ● To what degree is bullying/harassment occurring in your school? What steps has the district taken to

address bullying and harassment issues? ○ Additional equity probes: Have you received training on how to recognize and report

harassment, bullying, and hazing in both the educational setting as well as the work setting, including sexual harassment? Do you provide similar training for students in your classroom?

● Sometimes students are teased (harassed) and it can happen in different ways (e.g., called names, made fun of, excluded from a group, ignored on purpose, hit, kicked, pushed, shoved, subjected to hurtful gestures or false rumors/sexual jokes about them, threatened via email, text, social media). In your opinion, how often does this happen at your school?

● Are students and staff accepting of students who are “different” than themselves (e.g., racially, culturally, socioeconomically, physically)? How is the district preparing staff and students to be accepting of those who are different from themselves (e.g., racially, culturally, socio-economically)?

● Do students leave this district prepared to live and work in a diverse environment and global economy? Please provide examples.

● What tools and technology are available in your school and how are they used to enhance instruction and student learning?

● How are teachers involved in determining the focus of professional development? How are educators engaged in high-quality professional development that is designed to rapidly and significantly improve their ability to teach the Iowa Core?

● How is professional learning changing your classroom practices? How is this professional learning designed to incorporate the use of standards-aligned, evidence-based instructional materials?

● What student achievement data do you review and what have you learned from the data about the achievement of ALL students in your class(es)? Have you made programmatic changes based on the data? Is so, please share.


○ If needed, prompt with programmatic changes such as: SES, Racial/Ethnic, ESL, Gifted/Talented, etc.

● What steps has the district taken to address achievement gaps? ○ Additional equity probe: What kind of professional development has your district provided to

help you with strategies to address the achievement gap? ● How do you engage parents as partners in their child’s education?

○ Additional equity probe: How do you communicate with parents who are limited in English proficiency?

● How do teachers adjust their classroom instruction to meet individual student learning needs? ○ Additional equity probes: What language assistance is provided for EL in your district? By

whom? ● Please describe your understanding of how Section 504 is utilized in the district. ● What kind of professional development has your district provided to help you work effectively with

diverse learners? Implement multicultural, gender fair approaches to instruction and curriculum? Can you share some examples of how you implement multicultural, gender-fair instructional approaches and curriculum in your classroom?

● How is this professional learning changing classroom practices? ● Please share what changes you hope your district will achieve in the next five years. ● What, if any, changes have the district made since last year's visit and report on special education

services? ● Do you work with any ELs? If so, tell us how you support those academic learning for ELs in your

classroom. ● Do you have the training and support you need to be effective in ensuring ELs academic success?

Please explain. ● What is the continuum of placements/services for students with disabilities provided in your

building? ● Is there anything else you would like to tell us at this time?

Homeless and Migrant Liaison ● Does the LEA have documentation that shows that a public notice of educational rights and

opportunities of students in homeless situations is disseminated? ● Does the LEA have documentation that shows policies and practices are in place to ensure there are

no barriers for homeless students to enroll? ● Does the LEA have documentation that their homeless liaison has received appropriate professional

development? ● Does the LEA have documentation that the homeless liaison/district has provided training on

McKinney-Vento to all staff? ● Does the migrant liaison understand that he/she is responsible for fulfilling the following duties?

These include: ○ Ensuring the Migrant Education Parent Forms are included in registration packets; ○ Assisting parents in completing the form; ○ Gathering, scanning, and emailing the forms to Alex Johnson, Identification and Recruitment

Coordinator, at [email protected]; ○ Completing a withdrawal form when the migrant students moves; and ○ Coordinating with the regional recruiter.

● Can the LEA provide documentation that recruitment referrals are provided to state recruiters? ● If the district has identified migrant students, can the LEA verify that certificates of eligibility (COE’s)

are organized and kept secure (e.g., locked cabinet)? ● Is there anything else you would like to tell us?

Board Members ● What is the vision of the district? ● How does the board maintain develop the district's current vision, mission, and goals? ● How is the district preparing ALL students to be college and career ready?


● What are the district's goals for students? How does the you know is the district is meeting student achievement goals?

● What do your data show about the achievement of ALL students (e.g., SES/Race/Ethnicity/IEP/TAG/ESL)? Positive changes? Changes still needed? Or have changes been made as a result?

● How does the school board seek input from the public, students, teachers, admin, staff? ● How does the school board communicate information to the public, students, teachers, admin, staff? ● How is the school board kept informed of the district's needs and work? ● How is the school board kept informed of the district's finances? ● What professional development has the school board engaged to ensure board members

understand their role? ● Has the district conducted a needs assessment in the last five years? ● How do you work with community members and parents? ● Was there turn over in any key staff personnel in the last year? ● Are key staff attending program training/meetings provided by the State or Federal government? ● Tell us about the support given ELs and their families in the Davenport district. ● What do you believe are the district's greatest accomplishments since last year's report? What are

your hopes for next year? ● What does the district need to improve? ● Is there anything else you would like to tell us at this time?

Special Education Specialists ● Please describe your role, where you are located and how long you’ve worked in the district (in this

role and any others). ● What do you believe are the district's greatest accomplishments since last year's report? What are

your hopes for next year? ● Describe the district's current continuum of placements/services.

○ Reference the DDSDP and ask where those services are provided. ● How are you providing supports to general and special educators to address academic and

behavioral needs in regular classrooms? ● How do you delineate between behaviors caused by a disability and those requiring appropriate

consequences? How are you helping others to understand and address the differences? ● How are you addressing the issue of minority over-inclusion in a special education setting? ● How are parents included in decision-making? ● What is the district approach to amendments and amendments without a meeting? How is that

communicated to staff? ● How many students on IEPs are also receiving EL services and programming? Is that number

comparable proportionally with non-ELs? ● How do EL and special education staff work to support the unique needs of ELs? ● How do you ensure that special education teachers, classroom teachers and paras have the skills to

work with ELs on IEPs? ● Is there anything else you would like to tell us?

Special Education Teachers ● Please introduce yourself. What grade levels do you serve and how long have you been with the

district? ● Describe how the district has clearly articulated a vision for student success, including students with

disabilities. Do district staff believe that all students can achieve grade level standards? ● In what ways do the district and school ensure that all students have a safe, healthy, and caring

learning environment? ● To what degree is bullying/harassment occurring in your school? What steps has the district taken to

address bullying and harassment issues? ● Do you have the resources and support needed to help your students meet their goals? ● What role does the IEP team play in the process of serving students in your building?


● Please describe how general education and special education staff work together to coordinate instruction and services for students.

● Please describe the continuum of special education placements/services provided in your building. What is the process if a student who moves into your school who needs something different than is currently available?

● Do any of your students receive special education services in the general classroom? If so, what role does the special education teacher play?

● What, if any, changes have the district made since last year's visit and report? ● What is the district approach to amendments and amendments without a meeting? How was that

communicated to you? ● Who makes decisions about special education programming in the district? ● Have you ever been told that any specific services are not available at Davenport for students with

disabilities? For instance, minutes of instruction or possible placements. ● Do you work with any ELs? If so, tell us about that. ● Do you have the support and training you need to be effective with these students? Please explain. ● Is there anything else you would like to share with us?

Before and After School Coordinator ● Tell us about your current role. ● Was there turn over in any key staff personnel in the last year? ● Are key staff attending program training/meetings provided by the State or Federal government? ● Explain the teacher evaluation process used in your program. ● How do principals promote a school-wide environment that is safe, healthy, inclusive and caring for

all students, staff, and families? ● How do you determine programming and supports used? ● How are student participants identified? ● How are staff screened and hired? ● Do you see any issues related to equity and disproportionality? ● Talk with us about discipline procedures in your programs. ● In what ways do you collaborate with school staff? ● How are decisions made about the services that students with IEPs receive? (e.g., support needs

including paras, class placement) ● Please describe the continuum of special education placements/services provided in your program ● How do you ensure that district publications and notices are available to families in languages other

than English? ● What personnel are involved when incidents of bullying or harassment occur and what are their

responsibilities? ● Are lab stations and work areas accessible or adaptable for students in wheelchairs? If they were

not, what would be done to change the situation? ● General comments about programming.

EL Director ● What is your understanding of the key principles of English Language Development? ● How do you ensure that the academic and linguistic needs of English Learners are addressed? ● How are EL families engaged and supported to ensure their students’/child(ren)’s success? ● What is the process to qualify for English learner services? ● Do you administer the ELPA21 summative and/or ELPA21 dynamic screener? How often do you do

the training? ● How is it administered? ● How are students placed into a language instruction educational program (LIEP)? ● What is the schedule of a newcomer like? ● How do you ensure that all ELs are included in and supported in grade-level core instruction? ● How does the district ensure that general educators who work with ELs are equipped to support ELs

academic success in the mainstream? ● Describe the curriculum used specifically for ELs.


● When did you update your Lau Plan? Who was involved? Where can you find your district’s Lau Plan? ● What is going well at Davenport CSD? ● What could use improvement? ● Is there anything else you would like to tell us that we did not ask about?

New Superintendent

No specific questions were asked. The interviewee told us about himself and details of his career.


Appendix C: Documents and Information Reviewed

No. Item Due Date Notes

1 Annual Notice of Nondiscrimination

● Link to notice on district website ● Documentation of other publication prior to beginning of the

school year (if other than website) ● Documentation that the notice is provided in languages other

than English

1/18/19 Unable to locate on website or within 2 clicks

The district indicated that the annual notice would be on the January 28, 2019 board agenda but, according to meeting minutes, it was not.

2 Continuous Notice of Nondiscrimination

● Documentation of the continuous notice publication in newsletters, student handbooks, parent handbooks, employee handbooks, newsletters, and other district publications

● Documented inclusion of all protected classes

1/18/19

3 Equity Coordinator

● Board minutes or other documentation indicating appointment of the Equity Coordinator.

● Summary of Equity Coordinator’s role and activities.15

1/18/19 Documentation still needed: ● Link to board minutes; ● EEO/AA plan document, actual

plan not board policy; ● Job description for equity

coordinator, which identifies duties and responsibilities;

● Samples of hiring notice/job postings, both internal and external;

● Sample of interview protocol or application review checklist; and

● Personnel handbooks for certified and non-certified staff.

15 For items that may be used as evidence, please see the Equity Document Review Checklist.

https://docs.google.com/document/d/1hrr1JYlamjN-dj_EL0dWzAMdlFNooJpjh2yPq0rgctA/edit?usp=sharing



4 Civil Rights Grievance Policies and Procedures 1. Procedures must be adopted by the board, include all of the

protected classes, and include: a. If voluntary informal mechanisms (e.g. mediation) for

resolving some types of complaints if the parties agree to do so are included, is it clear that step can be skipped especially in the case of sexual violence

b. Notification to complainant of the right to end the informal process at any time

c. Application of the procedures to complaints alleging discrimination carried out by employees, other students, or third parties

d. Methods for notifying students, parents, and employees of the procedures, including where complaints may be filed

e. Adequate, reliable and impartial investigation of complaints, including the opportunity to present witnesses and present evidence

f. Designated and reasonably prompt time frames for the major stages of the complaint process

g. Methods for providing written notice to the parties of the complaint

h. An assurance the school will take steps to prevent the recurrence of any discrimination and to correct its discriminatory effects on the complainant and others, if appropriate

i. If a district has more than one grievance procedure, it must be clear which one to use and when (i.e. Civil Rights Grievance, Anti-Bullying and Harassment Complaint)

j. Provide a list of publications where grievance procedure is published

1/18/19 School Board Administrative Regulations 103.02A and 103.02B do not include procedural notices.

5 District Calendar and Building Bell Schedules

● Physical activity requirement (bell times and master schedules provided previously)

1/18/19



6 Gifted and Talented Program Handbook/Documents 1/18/19 Identification only for students beyond 5th grade in handbook. Far more detailed description also provided, which could be a bit misleading. However, the evidence is there.

7 At Risk Program Handbook/Documents 1/18/19 Okay

8 School Improvement Advisory Committee (SIAC)

● Minutes, membership, and board recommendations. 1/18/19 Okay - I do wonder if the list of committee members is current. Dr. Leslie O’Melia is listed as a member representing the district. She has been retired for at least five years...maybe more.

9 Library Program Handbook/Document 1/18/19 Okay

10 High School Programs

● High school master schedule(s) 1/18/19 Okay

11 High School Course Handbook/Registration Guide 1/18/19 Okay

12 School Counseling Program

● Standards, curriculum, career planning activities, or other guidance program documentation.

1/18/19 Okay

13 Elementary Program

● Master schedules for grades 1-6 including evidence where all content specifications are offered and taught.

1/18/19 Okay.

14 Junior High Program

● Master schedules for grades 7-8 including evidence where all content specifications are offered and taught.

1/18/19 Okay



15 Annual Review of Attendance Center and Course Enrollment Data Disaggregated by Gender, Racial/Ethnic Background, and Disability

1/18/19 Okay

16 Procedure for Notifying Students of Scholarships, Honors, and Awards 1/18/19 Okay

17 Workplace Based Education Programs

● List of programs, the contracts with all employers or other sponsors offering work-study, cooperative education, job placement, and apprenticeship programs; and

● The application materials that students complete to obtain these positions.

1/18/19 Okay

18 Employment Practices

● Documentation of employment practices including screening/hiring policies and procedures.

1/18/19 Okay

19 Salary Policies Related to Placement and Advancement 1/18/19 Okay

20 Personnel Evaluation Criteria and Procedures. 1/18/19 Okay

21 Preschool Program Standards 1/18/19

22 AIMs ● Evidence the district has worked with AIM requirements

1/18/19 Folder is empty.

23 Cardio-pulmonary resuscitation (CPR) course ● Evidence of how the district ensures all students complete CPR

before graduation

1/18/19 Okay

24 District Professional Development Plan and All Attendance Center Professional Development Plans

1/18/19 Okay

25 CTE Program Documents ● Programs of study and Perkins expenditures

1/18/19 Okay

26 English Learner Documentation 1/18/19 Okay



● District Lau Plan ● Information on services received from the AEA ● Information on any funds received

27 EEO/AA plan 1/18/19 Evidence was not provided.

29 Link to district’s board policies. 1/18/19 Okay

30 List of the district’s continuum of services and placements for special education students.

1/18/19

31 Special education staff assignments associated with the district’s continuum of services and placements for special education students.

1/18/19

32 Rosters of special education students served in Life Skills and secondary transition placements.

1/18/19

33 All communication from central administration to building principals and/or special education consultants regarding special education decision-making since April 23, 2018.

1/23/19

34 Minutes from Special Education Advisory Committee April 25, 2018 meeting regarding the DDSDP for special education

1/23/19

35 Minutes from the Board Meeting Regarding the Approval of the DDSDP 1/23/19

36 Documentation of Processed Civil Rights Grievances On-site HR

37 Student Records, including Both Cumulative and Permanent Records On-site: Rm 212 Tues AM with Linda

Okay

38 Current Section 504 Plans On-site: Thumb drive in Rm 325

39 ICDPs ● A folder of student plans has been created in the district

materials folder

On-site Okay



● Many of these for this year will not have parent approval yet because communication is going out now

40 Personnel Files, including Personnel Evaluation Materials On-site HR

41 Title I Schoolwide Plans for Each Title I Building On-site hard copy in 325

42 Current Title I Comparability Report On-site hard copy in 325

43 Title I, Title II, Part A, Title IV, Part A, Title IV, Part B, and IDEA Private School Consultation Documentation

Either prior to visit or hard copy in 325

44 Documentation of How the District Engaged with Community/Stakeholders in Determining Use of Title II, Part A Funds

Either prior to visit or On-site hard copy in 325

45 Documentation of the District’s Needs Assessment for Use of Title II, Part A Funds

Either prior to visit or On-site hard copy in 325

46 Title I Parent Involvement Policy and Compact and Annual Meeting Agendas

On-site hard copy in 325

47 Evidence to support that parents are actively involved in an annual evaluation of the Title I parent engagement program


48 Written Policies and Procedures Covering the Use, Management, and Disposition of Property Acquired with Federal Funds


49 Title I Expenditures, including Private School Expenditures On-site hard copy in 325

50 Title I Documentation that: ● Parents have been notified that they may request information

regarding the professional qualifications of the student’s classroom teachers

● Parents have been notified if their students are instructed for four continuous weeks by a teacher that does not meet the definition of “highly qualified.”

● Parents have been notified that they may request their students' state assessment scores




● Parents and community members have been informed and provided access to the district/state report cards

● Communication to parents is expressed in a language parents can understand

51 Homeless ● Documentation that shows that a public notice of educational

rights and opportunities of students in homeless situations is disseminated

● Documentation that shows policies and practices are in place to ensure there are no barriers for homeless students to enroll

● Documentation that the homeless liaison has received appropriate professional development

● Documentation that the homeless liaison/district has provided training on McKinney-Vento to all staff


52 Neglected and Delinquent ● Formal agreement between the district and the facility for the

current year On-site hard copy in 325

53 HSAP

● List of staff working in HSAP including folder numbers ● Sampling of contact logs including face to face and remote

contact meetings


54 Documentation of Title II, Part A Consultation with Stakeholders On-site hard copy in 325

55 Documentation of Any Professional Development Services Delivered with Title II, Part A funds


56 Title II, Part A Expenditures Report On-site hard copy in 325

57 School Board Policy Reviewed Every Five Years

58 Student Permanent Files

59 Student Cumulative Files



60 Student Career Plans

61 Individual Staff Professional Development Plan

62 Parent Survey Results (see the following Davenport CSD Parent Survey section)


Davenport CSD Parent Survey

SURVEY DESIGN

The following section is the survey administered to parents in Davenport CSD. The survey contains an introduction and four sections:

• Part 1: General Information • Part 2: Assessment of Parent/Family, Teacher, and Student Relationships • Part 4: Home-School Communication • Part 5: Demographics

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Q1 Introduction to the Online Survey

We are contacting you on behalf of the Iowa Department of Education for input on the services provided by the Davenport Community School District. We are examining all areas of the district’s educational programs and services. We have a set of questions we are asking all district parents and hope that you will answer them openly and honestly. The survey includes questions from valid and reliable measures of families' perceptions of how educators and families partner together.

If you are currently in a due process situation, we ask that you not include any references or details to that situation as we do not want to jeopardize the process.

Your responses will be analyzed and included as part of a report to the Iowa State Board of Education, however none of your answers will be attributed to you individually. The survey questions focus on your experiences with a single school. You may complete a survey for any buildings where your students attend school. Additionally, you can skip any questions you don’t want to answer or stop the survey entirely.

Please respond by the end of the day on Friday, April 12th.

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Q2 PART 1: GENERAL INFORMATION Q3 Please choose the school your child/children attend from the list below.

▼ Davenport Comm School District 0109 Central High School ... Davenport Comm School District 0962 Children's Village Hayes

Q4 Does your child attending this school receive any of the services listed? Select all that apply. Yes No I'm not sure

Individualized Education Program (IEP) ○ ○ ○

English Learner ○ ○ ○

Title 1 ○ ○ ○


Q5 PART 2: ASSESSMENT OF PARENT/FAMILY, TEACHER, AND STUDENT RELATIONSHIPS

Answer all questions based on your experiences at this school.

Q6 FAMILY-TEACHER RELATIONSHIP

Please rate the extent to which each of the following statements are true about your child's teacher at this school this year.

If you have more than one child at this school OR if your child has more than one teacher, please think about only one of those teachers while giving your ratings. The teacher you choose to think about for the purposes of this survey is up to you.

Strongly disagree Disagree

Neither agree nor disagree

Agree Strongly agree

We trust each other. ○ ○ ○ ○ ○

It is difficult for us to work together. ○ ○ ○ ○ ○

We cooperate with each other. ○ ○ ○ ○ ○

Communication is difficult for us. ○ ○ ○ ○ ○

I respect this teacher. ○ ○ ○ ○ ○

This teacher respects me. ○ ○ ○ ○ ○

We are sensitive to each other's feelings. ○ ○ ○ ○ ○

We have different views of right and wrong. ○ ○ ○ ○ ○

When there is a problem with my child, this teacher is all talk and no action. ○ ○ ○ ○ ○

This teacher keeps his/her promises. ○ ○ ○ ○ ○

When there is a behavior problem, I have to solve it without getting help

from the teacher. ○ ○ ○ ○ ○

When things aren't going well, it takes too long to work them out. ○ ○ ○ ○ ○

We understand each other. ○ ○ ○ ○ ○

We see my child differently. ○ ○ ○ ○ ○

We agree about who should do what regarding my child.

○ ○ ○ ○ ○

I expect more from this teacher than I get.

○ ○ ○ ○ ○

We have similar expectations of my child.

○ ○ ○ ○ ○

This teacher tells me when s/he is pleased.

○ ○ ○ ○ ○

I don't like the way this teacher talks to me.

○ ○ ○ ○ ○





I tell this teacher when I am pleased. ○ ○ ○ ○ ○

I tell this teacher when I am concerned.)

○ ○ ○ ○ ○

I tell this teacher when I am worried. ○ ○ ○ ○ ○

I ask this teacher's opinion about my child's progress.

○ ○ ○ ○ ○

I ask this teacher for suggestions. ○ ○ ○ ○ ○

Q7 Overall, I would rate my relationship with this teacher as: ○ Very poor ○ Poor ○ Ok ○ Good ○ Excellent

Q8 This teacher is my child's... ○ Special Education Teacher ○ English Language Teacher ○ Title I Teacher ○ General Education Teacher ○ I'm not sure


Q9 FAMILY-TEACHER RELATIONSHIP16

How satisfied are you that your child's teacher who provides English language services...




Helps you gain skills or information to get what your child needs. ○ ○ ○ ○ ○

Has the skills to help your child succeed. ○ ○ ○ ○ ○

Provides services that meet the individual needs of your child. ○ ○ ○ ○ ○

Speaks up for your child's best interest when working with other service providers. ○ ○ ○ ○ ○

Lets you know about the good things your child does. ○ ○ ○ ○ ○

Is available when you need them. ○ ○ ○ ○ ○

Treats your child with dignity. ○ ○ ○ ○ ○

Builds on your child's strengths. ○ ○ ○ ○ ○

Values your opinion about your child's needs. ○ ○ ○ ○ ○

Is honest, even when there is bad news to give. ○ ○ ○ ○ ○

Keeps your child safe when your child is in his/her care. ○ ○ ○ ○ ○

Uses words that you understand. ○ ○ ○ ○ ○

Protects your family's privacy. ○ ○ ○ ○ ○

Shows respect for your family's values and beliefs. ○ ○ ○ ○ ○

Listens without judging your child or family. ○ ○ ○ ○ ○

Is a person you can depend on and trust. ○ ○ ○ ○ ○

Pays attention to what you have to say. ○ ○ ○ ○ ○

Is friendly. ○ ○ ○ ○ ○

16 This question appears only if the respondent responded “Yes” to their child receiving EL services in Question 4.


Q73 FAMILY-TEACHER RELATIONSHIP17

How satisfied are you that your child's teacher who provides special education services...




Helps you gain skills or information to get what your child needs. ○ ○ ○ ○ ○

Has the skills to help your child succeed. ○ ○ ○ ○ ○

Provides services that meet the individual needs of your child. ○ ○ ○ ○ ○

Speaks up for your child's best interest when working with other service providers. ○ ○ ○ ○ ○

Lets you know about the good things your child does. ○ ○ ○ ○ ○

Is available when you need them. ○ ○ ○ ○ ○

Treats your child with dignity. ○ ○ ○ ○ ○

Builds on your child's strengths. ○ ○ ○ ○ ○

Values your opinion about your child's needs. ○ ○ ○ ○ ○

Is honest, even when there is bad news to give. ○ ○ ○ ○ ○

Keeps your child safe when your child is in his/her care. ○ ○ ○ ○ ○

Uses words that you understand. ○ ○ ○ ○ ○

Protects your family's privacy. ○ ○ ○ ○ ○

Shows respect for your family's values and beliefs. ○ ○ ○ ○ ○

Listens without judging your child or family. ○ ○ ○ ○ ○

Is a person you can depend on and trust. ○ ○ ○ ○ ○

Pays attention to what you have to say. ○ ○ ○ ○ ○

Is friendly. ○ ○ ○ ○ ○

Q10 Please rate your level of agreement with this statement: The district includes parent voice in decisions that affect schools, teachers, families and students. ○ Strongly disagree ○ Disagree ○ Neither agree nor disagree ○ Agree

17 This question appears only if the respondent responded “Yes” to their child receiving IEP services in Question 4.


○ Strongly agree

Q11 Please rate your level of agreement with this statement: The district clearly communicates decisions that affect my child in a timely manner. ○ Strongly disagree ○ Disagree ○ Neither agree nor disagree ○ Agree ○ Strongly agree

Q12 Overall, I would rate my relationship with the district as: ○ Very poor ○ Poor ○ Ok ○ Good ○ Excellent

Q13 Following are statements that ask you about your satisfaction with special education services and the supports you have to meet the needs of your child with a disability/special needs. Please think about your family life over the past 12 months.18

Please choose the option that reflects your level of satisfaction with each statement.

Very dissatisfied Dissatisfied

Neither dissatisfied

nor satisfied

Satisfied Very satisfied

My child with a disability/special need has support to make progress at school. ○ ○ ○ ○ ○

My child with a disability/special need has support to make progress at home. ○ ○ ○ ○ ○

My child with a disability/special need has support to make friends. ○ ○ ○ ○ ○

My family has a good relationship with the service providers who work with our family member with a disability/special

need.

○ ○ ○ ○ ○

Q14 PART 4: HOME-SCHOOL COMMUNICATION

Answer all questions based on your experiences at this school.

Q15 To what extent are you concerned about your child's progress in school this year? ○ Not at all concerned ○ Slightly concerned ○ Neutral ○ Moderately concerned ○ Extremely concerned

Q16 About how often do you communicate with your child's teacher about your child's academics or behavior? ○ Never

18 This question appears only if the respondent responded “Yes” to their child receiving IEP services in Question 4.


○ Almost never ○ Sometimes ○ Fairly often ○ Very often

Q17 How does this communication with your child's/children's teacher(s) take place? (Check all that apply) ❏ Letter sent home ❏ Student planner/notebook ❏ Social media ❏ Messaging app such as Remind ❏ Web-based platforms such as ClassDojo ❏ Text message ❏ E-mail ❏ Voice phone call ❏ Parent-teacher conference ❏ Individualized Education Program (IEP) Meeting ❏ 504 Plan Meeting ❏ Home visit ❏ Other, please specify: ________________________________________________

Q18 Has your child experienced bullying or harassment? ○ Yes ○ No ○ I don't know

Q19 PART 5: DEMOGRAPHICS

Q20 What is your ethnicity? ○ Hispanic or Latino ○ Not Hispanic or Latino

Q21 What is your race? ○ White ○ Black or African American ○ American Indian or Alaska Native ○ Asian ○ Native Hawaiian or Pacific Islander ○ Other

Q22 What is your relationship to your child or children attending this school? ○ Parent (biological, step, foster, or adoptive) ○ Grandparent ○ Aunt or Uncle ○ Sibling (brother or sister) ○ Other non-relative, please specify: ________________________________________________

Q23 Is there anything else you would like us to know about the school or district?


SURVEY RESULTS

Please note that the following results are not the results in their totality but, instead, highlights of the survey data for the purposes of this report. Please note that respondents could skip survey questions and these non-answers are coded as “No answer.”

PART 1: GENERAL INFORMATION

As presented in the figure below, 30 of 31 buildings were represented in the survey. With no respondents indicating their child or children attend Children’s Village at Hayes, the building was omitted from the figure. In addition, 21.1% of the 1,995 total survey respondents chose not to respond to this question. This data is also omitted from Figure 7.

Figure 1. Survey Participation by Building


Figure 2. Percent of Respondents' Children Receiving IEP, EL, and/or Title I Services

Part 2: Assessment of Parent/Family, Teacher, and Student Relationships

The first figure below shows the questions negative in nature regarding the relationship between parent/family member and teacher. The second figure of this survey section is positive in nature.

Figure 3. Family-Teacher Relationship - Negative


Figure 4. Family-Teacher Relationship - Positive

Figure 5. Parent/Family Member Relationship with Teacher


Figure 6. District Communication and Inclusion of Parents in Decision-Making

Figure 7. Parent/Family Relationship with District


Part 4: Home-School Communication

Figure 8. Extent of Concern Regarding Child's Progress This School Year

Figure 9. Frequency of Communication with Child's Teacher Regarding Academics and Behavior


Part 5: Demographics

Table 1. Ethnicity, Race, and Relationship to Student

Answer % Count

What is your ethnicity?

Hispanic or Latino 4.5% 89

Not Hispanic or Latino 77.3% 1,542

No Answer 18.2% 364

Total 100% 1,995

What is your race?

White 71.8% 1,432

Black or African American 6.0% 119

American Indian or Alaska Native 0.4% 8

Asian 0.8% 15

Native Hawaiian or Pacific Islander 0.2% 3

Other 3.8% 76

No Answer 17.1% 342

Total 100% 1,995

What is your relationship to your child or children attending this school?

Parent (biological, step, foster, or adoptive) 82.2% 1,639

Grandparent 1.5% 29

Aunt or Uncle 0.3% 6

Sibling (brother or sister) 0.0% 0

Other non-relative, please specify: 0.2% 4

No answer 15.9% 317

Total 100% 1,995


Appendix D: Applicable Federal Code and Regulations The following section contains excerpts of applicable federal code and regulations. To access the full statutes, please see the footnotes. All codified federal regulations (CFRs) can be accessed on the Electronic Code of Federal Regulations website.

Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA)19

SECTION 1112. [20 U.S.C. 6312] LOCAL EDUCATIONAL AGENCY PLANS.

(e) PARENTS RIGHT-TO-KNOW.— (1) INFORMATION FOR PARENTS.—

(A) IN GENERAL.—At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including at a minimum, the following:

(i) Whether the student’s teacher— (I) has met State qualification and licensing criteria for the grade levels and

subject areas in which the teacher provides instruction; (II) is teaching under emergency or other provisional status through which

State qualification or licensing criteria have been waived; and (III) is teaching in the field of discipline of the certification of the teacher.

(ii) Whether the child is provided services by paraprofessionals and, if so, their qualifications. (B) ADDITIONAL INFORMATION.—In addition to the information that parents may request

under subparagraph (A), a school that receives funds under this part shall provide to each individual parent of a child who is a student in such school, with respect to such student—

(i) information on the level of achievement and academic growth of the student, if applicable and available, on each of the State academic assessments required under this part; and

(ii) timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.

SECTION 1113. [20 U.S.C. 6313] ELIGIBLE SCHOOL ATTENDANCE AREAS.

(a) DETERMINATION.— (1) IN GENERAL.—A local educational agency shall use funds received under this part only in eligible

school attendance areas. (2) ELIGIBLE SCHOOL ATTENDANCE AREAS.—For the purposes of this part—

(A) the term “school attendance area” means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and

(B) the term “eligible school attendance area” means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole. (3) RANKING ORDER.—

(A) RANKING.—Except as provided in subparagraph (B), if funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall—

19 The full ESEA statute, as amended by the ESSA, is available at https://legcounsel.house.gov/Comps/Elementary%20And%20Secondary%20Education%20Act%20Of%201965.pdf.

https://www.ecfr.gov/

https://www.ecfr.gov/

https://legcounsel.house.gov/Comps/Elementary%20And%20Secondary%20Education%20Act%20Of%201965.pdf


(i) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and

(ii) serve such eligible school attendance areas in rank order. (B) EXCEPTION.—A local educational agency may lower the threshold in subparagraph (A)(i) to

50 percent for high schools served by such agency. (4) REMAINING FUNDS.—If funds remain after serving all eligible school attendance areas under

paragraph (3), a local educational agency shall— (A) annually rank such agency’s remaining eligible school attendance areas from highest to

lowest either by according to the percentage of children from low-income families; and (B) serve such eligible school attendance areas in rank order either within each grade-span

grouping or within the local educational agency as a whole. (5) MEASURES.—

(A) IN GENERAL.—Except as provided in subparagraph (B), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid Program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency—

(i) to identify eligible school attendance areas; (ii) to determine the ranking of each area; and (iii) to determine allocations under subsection (c).

(B) SECONDARY SCHOOLS.—For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be—

(i) the measure described under subparagraph (A); or (ii) subject to meeting the conditions of subparagraph (C), an accurate estimate of

the number of students in low-income families in a secondary school that is calculated by applying the average percentage of students in low-income families of the elementary school attendance areas as calculated under subparagraph (A) that feed into the secondary school to the number of students enrolled in such school. (C) MEASURE OF POVERTY.—The local educational agency shall have the option to use the

measure of poverty described in subparagraph (B)(ii) after— (i) conducting outreach to secondary schools within such agency to inform such

schools of the option to use such measure; and (ii) a majority of such schools have approved the use of such measure.

(6) EXCEPTION.—This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children.

(7) WAIVER FOR DESEGREGATION PLANS.—The Secretary may approve a local educational agency’s written request for a waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school de- accordance with a State-ordered or court-ordered desegregation segregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if—

(A) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and

(B) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part.

(b) LOCAL EDUCATIONAL AGENCY DISCRETION.— (1) IN GENERAL.—Notwithstanding subsection (a)(2), a local educational agency may—

(A) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families;

(B) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or


greater than the percentage of such children in a participating school attendance area of such agency;

(C) designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and

(D) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if—

(i) the school meets the comparability requirements of section 1118(c); (ii) the school is receiving supplemental funds from other State or local sources that

are spent according to the requirements of section 1114 or 1115; and (iii) the funds expended from such other sources equal or exceed the amount that

would be provided under this part. (2) SPECIAL RULE.—Notwithstanding paragraph (1)(D), the number of children attending private

elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A). (c) ALLOCATIONS.—

(1) IN GENERAL.—A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under subsections (a) and (b), in rank order, on the basis of the total number of children from low-income families in each area or school.

(2) SPECIAL RULE.— (A) IN GENERAL.—Except as provided in subparagraph (B), the per-pupil amount of funds

allocated to each school least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 1112, except that this paragraph shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater.

(B) EXCEPTION.—A local educational agency may reduce the amount of funds allocated under subparagraph (A) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of section 1114 or 1115. (3) RESERVATION OF FUNDS.—

(A) IN GENERAL.—A local educational agency shall reserve such funds as are necessary under this part, determined in accordance with subparagraphs (B) and (C), to provide services comparable to those provided to children in schools funded under this part to serve—

(i) homeless children and youths, including providing educationally related support services to children in shelters and other locations where children may live;

(ii) children in local institutions for neglected children; and (iii) if appropriate, children in local institutions for delinquent children, and neglected

or delinquent children in community day programs. (B) METHOD OF DETERMINATION.—The share of funds determined under subparagraph (A)

shall be determined— (i) based on the total allocation received by the local educational agency; and (ii) prior to any allowable expenditures or transfers by the local educational agency.

(C) HOMELESS CHILDREN AND YOUTHS.—Funds reserved under subparagraph (A)(i) may be— (i) determined based on a needs assessment of homeless children and youths in the

local educational agency, taking into consideration the number and needs of homeless children and youths in the local educational agency, and which needs assessment may be the same needs assessment as conducted under section 723(b)(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11433(b)(1)); and

(ii) used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing—

(I) funding for the liaison designated pursuant to section 722(g)(1)(J)(ii) of such Act (42 U.S.C. 11432(g)(1)(J)(ii)); and

(II) transportation pursuant to section 722(g)(1)(J)(iii) of such Act (42 U.S.C. 11432(g)(1)(J)(iii)).


SECTION 1114. [20 U.S.C. 6314] SCHOOLWIDE PROGRAMS.

(a) IN GENERAL.— (1) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.—

(A) ELIGIBILITY.—A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families.

(B) EXCEPTION.—A school that serves an eligible school attendance area in which less than 40 percent of the children are from low-income families, or a school for which less than 40 percent of the children enrolled in the school are from such families, may operate a schoolwide program under this section if the school receives a waiver from the State educational agency to do so, after taking into account how a schoolwide program will best serve the needs of the students in the school served under this part in improving academic achievement and other factors. (2) IDENTIFICATION OF STUDENTS NOT REQUIRED.—

(A) IN GENERAL.—No school participating in a schoolwide program shall be required to identify— (i) particular children under this part as eligible to participate in a schoolwide program; or (ii) individual services as supplementary.

(B) SUPPLEMENTAL FUNDS.—In accordance with the method of determination described in section 1118(b)(2), a school participating in a schoolwide program shall use funds available to carry out this section only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and English learners. (3) EXEMPTION FROM STATUTORY AND REGULATORY REQUIREMENTS.—

(A) EXEMPTION.—Except as provided in paragraph (2), the Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), except as provided in section 613(a)(2)(D) of such Act (20 U.S.C. 1413(a)(2)(D))), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met.

(B) REQUIREMENTS.—A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, comparability of services, maintenance of effort, uses of Federal funds to supplement, not supplant non-Federal funds (in accordance with the method of determination described in section 1118(b)(2)), or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs.

(C) RECORDS.—A school that chooses to consolidate and use funds from different Federal programs under this section shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program.

(b) SCHOOLWIDE PROGRAM PLAN.—An eligible school operating a schoolwide program shall develop a comprehensive plan (or amend a plan for such a program that was in existence on the day before the date of the enactment of the Every Student Succeeds Act) that—

(1) is developed during a 1-year period, unless— (A) the local educational agency determines, in consultation with the school, that less time is

needed to develop and implement the schoolwide program; or (B) the school is operating a schoolwide program on the day before the date of the

enactment of the Every Student Succeeds Act, in which case such school may continue to operate such program, but shall develop amendments to its existing plan during the first year of assistance after that date to reflect the provisions of this section; (2) is developed with the involvement of parents and other members of the community to be served

and individuals who will carry out such plan, including teachers, principals, other school leaders, paraprofessionals present in the school, administrators (including administrators of programs described in


other parts of this title), the local educational agency, to the extent feasible, tribes and tribal organizations present in the community, and, if appropriate, specialized instructional support personnel, technical assistance providers, school staff, if the plan relates to a secondary school, students, and other individuals determined by the school;

(3) remains in effect for the duration of the school’s participation under this part, except that the plan and its implementation shall be regularly monitored and revised as necessary based on student needs to ensure that all students are provided opportunities to meet the challenging State academic standards;

(4) is available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; and

(5) if appropriate and applicable, is developed in coordination and integration with other Federal, State, and local services, resources, and programs, such as programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d);

(6) is based on a comprehensive needs assessment of the entire school that takes into account information on the academic achievement of children in relation to the challenging State academic standards, particularly the needs of those children who are failing, or are at-risk of failing, to meet the challenging State academic standards and any other factors as determined by the local educational agency; and

(7) includes a description of— (A) the strategies that the school will be implementing to address school needs, including a

description of how such strategies will— (i) provide opportunities for all children, including each of the subgroups of students

(as defined in section 1111(c)(2)) to meet the challenging State academic standards; (ii) use methods and instructional strategies that strengthen the academic program

in the school, increase the amount and quality of learning time, and help provide an enriched and accelerated curriculum, which may include programs, activities, and courses necessary to provide a well-rounded education; and

(iii) address the needs of all children in the school, but particularly the needs of those at risk of not meeting the challenging State academic standards, through activities which may include—

(I) counseling, school-based mental health programs, specialized instructional support services, mentoring services, and other strategies to improve students’ skills outside the academic subject areas;

(II) preparation for and awareness of opportunities for postsecondary education and the workforce, which may include career and technical education programs and broadening secondary school students’ access to coursework to earn postsecondary credit while still in high school (such as Advanced Placement, International Baccalaureate, dual or concurrent enrollment, or early college high schools);

(III) implementation of a schoolwide tiered model to prevent and address problem behavior, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);

(IV) professional development and other activities for teachers, paraprofessionals, and other school personnel to improve instruction and use of data from academic assessments, and to recruit and retain effective teachers, particularly in high-need subjects; and

(V) strategies for assisting preschool children in the transition from early childhood education programs to local elementary school programs; and

(B) if programs are consolidated, the specific State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program.

SECTION 1116. [20 U.S.C. 6318] PARENT AND FAMILY ENGAGEMENT.

(a) LOCAL EDUCATIONAL AGENCY POLICY.—


(1) IN GENERAL.—A local educational agency may receive funds under this part only if such agency conducts outreach to all parents and family members and implements programs, activities, and procedures for the involvement of parents and family members in programs assisted under this part consistent with this section. Such programs, activities, and procedures shall be planned and implemented with meaningful consultation with parents of participating children.

(2) WRITTEN POLICY.—Each local educational agency that receives funds under this part shall develop jointly with, agree on with, and distribute to, parents and family members of participating children a written parent and family engagement policy. The policy shall be incorporated into the local educational agency’s plan developed under section 1112, establish the agency’s expectations and objectives for meaningful parent and family involvement, and describe how the agency will—

(A) involve parents and family members in jointly developing the local educational agency plan under section 1112, and the development of support and improvement plans under paragraphs (1) and (2) of section 1111(d).

(B) provide the coordination, technical assistance, and other support necessary to assist and build the capacity of all participating schools within the local educational agency in planning and implementing effective parent and family involvement activities to improve student academic achievement and school performance, which may include meaningful consultation with employers, business leaders, and philanthropic organizations, or individuals with expertise in effectively engaging parents and family members in education;

(C) coordinate and integrate parent and family engagement strategies under this part with parent and family engagement strategies, to the extent feasible and appropriate, with other relevant Federal, State, and local laws and programs;

(D) conduct, with the meaningful involvement of parents and family members, an annual evaluation of the content and effectiveness of the parent and family engagement policy in improving the academic quality of all schools served under this part, including identifying—

(i) barriers to greater participation by parents in activities authorized by this section (with particular attention to parents who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background);

(ii) the needs of parents and family members to assist with the learning of their children, including engaging with school personnel and teachers; and

(iii) strategies to support successful school and family interactions; (E) use the findings of such evaluation in subparagraph (D) to design evidence-based

strategies for more effective parental involvement, and to revise, if necessary, the parent and family engagement policies described in this section; and

(F) involve parents in the activities of the schools served under this part, which may include establishing a parent advisory board comprised of a sufficient number and representative group of parents or family members served by the local educational agency to adequately represent the needs of the population served by such agency for the purposes of developing, revising, and reviewing the parent and family engagement policy. (3) RESERVATION.—

(A) IN GENERAL.—Each local educational agency shall reserve at least 1 percent of its allocation under subpart 2 to assist schools to carry out the activities described in this section, except that this subparagraph shall not apply if 1 percent of such agency’s allocation under subpart 2 for the fiscal year for which the determination is made is $5,000 or less. Nothing in this subparagraph shall be construed to limit local educational agencies from reserving more than 1 percent of its allocation under subpart 2 to assist schools to carry out activities described in this section.

(B) PARENT AND FAMILY MEMBER INPUT.—Parents and family members of children receiving services under this part shall be involved in the decisions regarding how funds reserved under subparagraph (A) are allotted for parental involvement activities.

(C) DISTRIBUTION OF FUNDS.—Not less than 90 percent of the funds reserved under subparagraph (A) shall be distributed to schools served under this part, with priority given to high-need schools.

(D) USE OF FUNDS.—Funds reserved under subparagraph (A) by a local educational agency shall be used to carry out activities and strategies consistent with the local educational agency’s parent and family engagement policy, including not less than 1 of the following:


(i) Supporting schools and nonprofit organizations in providing professional development for local educational agency and school personnel regarding parent and family engagement strategies, which may be provided jointly to teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, early childhood educators, and parents and family members.

(ii) Supporting programs that reach parents and family members at home, in the community, and at school.

(iii) Disseminating information on best practices focused on parent and family engagement, especially best practices for increasing the engagement of economically disadvantaged parents and family members.

(iv) Collaborating, or providing subgrants to schools to enable such schools to collaborate, with community-based or other organizations or employers with a record of success in improving and increasing parent and family engagement.

(v) Engaging in any other activities and strategies that the local educational agency determines are appropriate and consistent with such agency’s parent and family engagement policy.

(b) SCHOOL PARENT AND FAMILY ENGAGEMENT POLICY.— (1) IN GENERAL.—Each school served under this part shall jointly develop with, and distribute to,

parents and family members of participating children a written parent and family engagement policy, agreed on by such parents, that shall describe the means for carrying out the requirements of subsections (c) through (f). Parents shall be notified of the policy in an understandable and uniform format and, to the extent practicable, provided in a language the parents can understand. Such policy shall be made available to the local community and updated periodically to meet the changing needs of parents and the school.

(2) SPECIAL RULE.—If the school has a parent and family engagement policy that applies to all parents and family members, such school may amend that policy, if necessary, to meet the requirements of this subsection.

(3) AMENDMENT.—If the local educational agency involved has a school district-level parent and family engagement policy that applies to all parents and family members in all schools served by the local educational agency, such agency may amend that policy, if necessary, to meet the requirements of this subsection.

(4) PARENTAL COMMENTS.—If the plan under section 1112 is not satisfactory to the parents of participating children, the local educational agency shall submit any parent comments plan to the State. (c) POLICY INVOLVEMENT.—Each school served under this part shall—

(1) convene an annual meeting, at a convenient time, to which all parents of participating children shall be invited and encouraged to attend, to inform parents of their school’s participation under this part and to explain the requirements of this part, and the right of the parents to be involved;

(2) offer a flexible number of meetings, such as meetings in the morning or evening, and may provide, with funds provided under this part, transportation, child care, or home visits, as such services relate to parental involvement;

(3) involve parents, in an organized, ongoing, and timely way, in the planning, review, and improvement of programs under this part, including the planning, review, and improvement of the school parent and family engagement policy and the joint development of the schoolwide program plan under section 1114(b), except that if a school has in place a process for involving parents in the joint planning and design of the school’s programs, the school may use that process, if such process includes an adequate representation of parents of participating children;

(4) provide parents of participating children— (A) timely information about programs under this part; (B) a description and explanation of the curriculum in use at the school, the forms of

academic assessment used to measure student progress, and the achievement levels of the challenging State academic standards; and

(C) if requested by parents, opportunities for regular meetings to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children, and respond to any such suggestions as soon as practicably possible; and

(5) if the schoolwide program plan under section 1114(b) is not satisfactory to the parents of participating children, submit any parent comments on the plan when the school makes the plan available to the local educational agency.


(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT ACADEMIC ACHIEVEMENT.—As a component of the school-level parent and family engagement policy developed under subsection (b), each school served under this part shall jointly develop with parents for all children served under this part a school-parent compact that outlines how parents, the entire school staff, and students will share the responsibility for improved student academic achievement and the means by which the school and parents will build and develop a partnership to help children achieve the State’s high standards. Such compact shall—

(1) describe the school’s responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment that enables the children served under this part to meet the challenging State academic standards, and the ways in which each parent will be responsible for supporting their children’s learning; volunteering in their child’s classroom; and participating, as appropriate, in decisions relating to the education of their children and positive use of extracurricular time; and

(2) address the importance of communication between teachers and parents on an ongoing basis through, at a minimum—

(A) parent-teacher conferences in elementary schools, at least annually, during which the compact shall be discussed as the compact relates to the individual child’s achievement;

(B) frequent reports to parents on their children’s progress; (C) reasonable access to staff, opportunities to volunteer and participate in their child’s

class, and observation of classroom activities; and (D) ensuring regular two-way, meaningful communication between family members and

school staff, and, to the extent practicable, in a language that family members can understand. (e) BUILDING CAPACITY FOR INVOLVEMENT.—To ensure effective involvement of parents and to support a

partnership among the school involved, parents, and the community to improve student academic achievement, each school and local educational agency assisted under this part—

(1) shall provide assistance to parents of children served by the school or local educational agency, as appropriate, in understanding such topics as the challenging State academic standards, State and local academic assessments, the requirements of this part, and how to monitor a child’s progress and work with educators to improve the achievement of their children;

(2) shall provide materials and training to help parents to work with their children to improve their children’s achievement, such as literacy training and using technology (including education about the harms of copyright piracy), as appropriate, to foster parental involvement;

(3) shall educate teachers, specialized instructional support personnel, principals, and other school leaders, and other staff, with the assistance of parents, in the value and utility of contributions of parents, and in how to reach out to, communicate with, and work with parents as equal partners, implement and coordinate parent programs, and build ties between parents and the school;

(4) shall, to the extent feasible and appropriate, coordinate and integrate parent involvement programs and activities with other Federal, State, and local programs, including public preschool programs, and conduct other activities, such as parent resource centers, that encourage and support parents in more fully participating in the education of their children;

(5) shall ensure that information related to school and parent programs, meetings, and other activities is sent to the parents of participating children in a format and, to the extent practicable, in a language the parents can understand;

(6) may involve parents in the development of training for teachers, principals, and other educators to improve the effectiveness of such training;

(7) may provide necessary literacy training from funds received under this part if the local educational agency has exhausted all other reasonably available sources of funding for such training;

(8) may pay reasonable and necessary expenses associated with local parental involvement activities, including transportation and child care costs, to enable parents to participate in school-related meetings and training sessions;

(9) may train parents to enhance the involvement of other parents; 10) may arrange school meetings at a variety of times, or conduct in-home conferences between

teachers or other educators, who work directly with participating children, with parents who are unable to attend such conferences at school, in order to maximize parental involvement and participation;

(11) may adopt and implement model approaches to improving parental involvement; (12) may establish a districtwide parent advisory council to provide advice on all matters related to

parental involvement in programs supported under this section; (13) may develop appropriate roles for community-based organizations and businesses in parent

involvement activities; and


(14) shall provide such other reasonable support for parental involvement activities under this section as parents may request. (f) ACCESSIBILITY.—In carrying out the parent and family engagement requirements of this part, local

educational agencies and schools, to the extent practicable, shall provide opportunities for the informed participation of parents and family members (including parents and family members who have limited English proficiency, parents and family members with disabilities, and parents and family members of migratory children), including providing information and school reports required under section 1111 in a format and, to the extent practicable, in a language such parents understand.

(g) FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.—In a State operating a program under part E of title IV, each local educational agency or school that receives assistance under this part shall inform parents and organizations of the existence of the program.

(h) REVIEW.—The State educational agency shall review the local educational agency’s parent and family engagement policies and practices to determine if the policies and practices meet the requirements of this section.

SECTION 2301 [20 U.S.C. 6691] SUPPLEMENT, NOT SUPPLANT.

Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title.

SEC. 8101. [20 U.S.C. 7801] DEFINITIONS.

Except as otherwise provided, in this Act: (42) PROFESSIONAL DEVELOPMENT.—The term ‘‘professional development’’ means activities that

(A) are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and

(B) are sustained (not stand-alone, 1-day, or short-term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities that—

(i) improve and increase teachers’— (I) knowledge of the academic subjects the teachers teach; (II) understanding of how students learn; and (III) ability to analyze student work and achievement from multiple sources,

including how to adjust instructional strategies, assessments, and materials based on such analysis; (ii) are an integral part of broad schoolwide and districtwide educational

improvement plans; (iii) allow personalized plans for each educator to address the educator’s specific

needs identified in observation or other feedback; (iv) improve classroom management skills; (v) support the recruitment, hiring, and training of effective teachers, including

teachers who became certified through State and local alternative routes to certification; (vi) advance teacher understanding of—

(I) effective instructional strategies that are evidence-based; and (II) strategies for improving student academic achievement or substantially

increasing the knowledge and teaching skills of teachers; (vii) are aligned with, and directly related to, academic goals of the school or local

educational agency; (viii) are developed with extensive participation of teachers, principals, other school

leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this Act;

(ix) are designed to give teachers of English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments;

(x) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright


piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach;

(xi) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development;

(xii) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations;

(xiii) include instruction in the use of data and assessments to inform and instruct classroom practice;

(xiv) include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families;

(xv) involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions;

(xvi) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of title I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers;

(xvii) provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and

(xviii) where practicable, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness.

SEC. 8501. [20 U.S.C. 7881] PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

(a) PRIVATE SCHOOL PARTICIPATION.— (1) IN GENERAL.—Except as otherwise provided in this Act, to the extent consistent with the number

of eligible children in areas served by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or another entity receiving financial assistance under a program specified in subsection (b), who are enrolled in private elementary schools and secondary schools in areas served by such agency, consortium, or entity, the agency, consortium, or entity shall, after timely and meaningful consultation with appropriate private school officials provide to those children and their teachers or other educational personnel, on an equitable basis, special educational services or other benefits that address their needs under the program.

(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR BENEFITS.—Educational services or other benefits, including materials and equipment, provided under this section, shall be secular, neutral, and nonideological.


Individuals with Disabilities Education Act (IDEA)20

20 U.S.C. §§ 1411-1419 ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES.

§ 1411 – Authorization; allotment; use of funds; authorization of appropriations

§ 1412 – State eligibility

§ 1413 – Local educational agency eligibility

§ 1414 – Evaluations, eligibility determinations, individualized education programs, and educational placements

§ 1415 – Procedural safeguards

§ 1416 – Monitoring, technical assistance, and enforcement

§ 1417 – Administration

§ 1418 – Program information

§ 1419 – Preschool grants

34 C.F.R. § 300.114 LRE REQUIREMENTS.

(a) General. (1) Except as provided in §300.324(d)(2) (regarding children with disabilities in adult prisons), the

State must have in effect policies and procedures to ensure that public agencies in the State meet the LRE requirements of this section and §§300.115 through 300.120.

(2) Each public agency must ensure that— (i) To the maximum extent appropriate, children with disabilities, including children in public

or private institutions or other care facilities, are educated with children who are nondisabled; and (ii) Special classes, separate schooling, or other removal of children with disabilities from the

regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(b) Additional requirement—State funding mechanism— (1) General.

(i) A State funding mechanism must not result in placements that violate the requirements of paragraph (a) of this section; and

(ii) A State must not use a funding mechanism by which the State distributes funds on the basis of the type of setting in which a child is served that will result in the failure to provide a child with a disability FAPE according to the unique needs of the child, as described in the child’s IEP. (2) Assurance. If the State does not have policies and procedures to ensure compliance with

paragraph (b)(1) of this section, the State must provide the Secretary an assurance that the State will revise the funding mechanism as soon as feasible to ensure that the mechanism does not result in placements that violate that paragraph.

34 C.F.R. § 300.115 CONTINUUM OF ALTERNATIVE PLACEMENTS.

(a) Each public agency must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.

(b) The continuum required in paragraph (a) of this section must— (1) Include the alternative placements listed in the definition of special education under §300.39

(instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and

20 The full IDEA statute is available at https://legcounsel.house.gov/Comps/Individuals%20With%20Disabilities%20Education%20Act.pdf.

















https://legcounsel.house.gov/Comps/Individuals%20With%20Disabilities%20Education%20Act.pdf


(2) Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.

34 C.F.R. § 300.116 PLACEMENTS.

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that—

(a) The placement decision— (1) Is made by a group of persons, including the parents, and other persons knowledgeable about

the child, the meaning of the evaluation data, and the placement options; and (2) Is made in conformity with the LRE provisions of this subpart, including §§300.114 through

300.118; (b) The child’s placement—

(1) Is determined at least annually; (2) Is based on the child’s IEP; and (3) Is as close as possible to the child’s home;

(c) Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled;

(d) In selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs; and

(e) A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.

34 C.F.R. § 300.304 EVALUATION PROCEDURES.

(a) Notice. The public agency must provide notice to the parents of a child with a disability, in accordance with §300.503, that describes any evaluation procedures the agency proposes to conduct.

(b) Conduct of evaluation. In conducting the evaluation, the public agency must— (1) Use a variety of assessment tools and strategies to gather relevant functional, developmental,

and academic information about the child, including information provided by the parent, that may assist in determining—

(i) Whether the child is a child with a disability under §300.8; and (ii) The content of the child’s IEP, including information related to enabling the child to be

involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities); (2) Not use any single measure or assessment as the sole criterion for determining whether a child is

a child with a disability and for determining an appropriate educational program for the child; and (3) Use technically sound instruments that may assess the relative contribution of cognitive and

behavioral factors, in addition to physical or developmental factors. (c) Other evaluation procedures. Each public agency must ensure that—

(1) Assessments and other evaluation materials used to assess a child under this part— (i) Are selected and administered so as not to be discriminatory on a racial or cultural basis; (ii) Are provided and administered in the child’s native language or other mode of

communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer;

(iii) Are used for the purposes for which the assessments or measures are valid and reliable; (iv) Are administered by trained and knowledgeable personnel; and (v) Are administered in accordance with any instructions provided by the producer of the

assessments. (2) Assessments and other evaluation materials include those tailored to assess specific areas of

educational need and not merely those that are designed to provide a single general intelligence quotient. (3) Assessments are selected and administered so as best to ensure that if an assessment is

administered to a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).


(4) The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities;

(5) Assessments of children with disabilities who transfer from one public agency to another public agency in the same school year are coordinated with those children’s prior and subsequent schools, as necessary and as expeditiously as possible, consistent with §300.301(d)(2) and (e), to ensure prompt completion of full evaluations.

(6) In evaluating each child with a disability under §§300.304 through 300.306, the evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.

(7) Assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided.

34 C.F.R. § 303.421 PRIOR WRITTEN NOTICE AND PROCEDURAL SAFEGUARDS NOTICE.

(a) General. Prior written notice must be provided to parents a reasonable time before the lead agency or an EIS provider proposes, or refuses, to initiate or change the identification, evaluation, or placement of their infant or toddler, or the provision of early intervention services to the infant or toddler with a disability and that infant’s or toddler’s family.

(b) Content of notice. The notice must be in sufficient detail to inform parents about— (1) The action that is being proposed or refused; (2) The reasons for taking the action; and (3) All procedural safeguards that are available under this subpart, including a description of

mediation in §303.431, how to file a State complaint in §§303.432 through 303.434 and a due process complaint in the provisions adopted under §303.430(d), and any timelines under those procedures. (c) Native language.

(1) The notice must be— (i) Written in language understandable to the general public; and (ii) Provided in the native language, as defined in §303.25, of the parent or other mode of

communication used by the parent, unless it is clearly not feasible to do so. (2) If the native language or other mode of communication of the parent is not a written language,

the public agency or designated EIS provider must take steps to ensure that— (i) The notice is translated orally or by other means to the parent in the parent’s native

language or other mode of communication; (ii) The parent understands the notice; and (iii) There is written evidence that the requirements of this paragraph have been met.

34 C.F.R. § 300.646 DISPROPORTIONALITY.

(a) General. Each State that receives assistance under Part B of the Act, and the Secretary of the Interior, must provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the State and the LEAs of the State with respect to—

(1) The identification of children as children with disabilities, including the identification of children as children with disabilities in accordance with a particular impairment described in section 602(3) of the Act;

(2) The placement in particular educational settings of these children; and (3) The incidence, duration, and type of disciplinary removals from placement, including suspensions

and expulsions. (b) Methodology. The State must apply the methods in §300.647 to determine if significant

disproportionality based on race and ethnicity is occurring in the State and the LEAs of the State under paragraph (a) of this section.

(c) Review and revision of policies, practices, and procedures. In the case of a determination of significant disproportionality with respect to the identification of children as children with disabilities or the placement in particular educational settings, including disciplinary removals of such children, in accordance with paragraphs (a) and (b) of this section, the State or the Secretary of the Interior must—

(1) Provide for the annual review and, if appropriate, revision of the policies, practices, and procedures used in identification or placement in particular education settings, including disciplinary removals, to ensure that the policies, practices, and procedures comply with the requirements of the Act.


(2) Require the LEA to publicly report on the revision of policies, practices, and procedures described under paragraph (c)(1) of this section consistent with the requirements of the Family Educational Rights and Privacy Act, its implementing regulations in 34 CFR part 99, and Section 618(b)(1) of the Act. (d) Comprehensive coordinated early intervening services. Except as provided in paragraph (e) of this

section, the State or the Secretary of the Interior shall require any LEA identified under paragraphs (a) and (b) of this section to reserve the maximum amount of funds under section 613(f) of the Act to provide comprehensive coordinated early intervening services to address factors contributing to the significant disproportionality.

(1) In implementing comprehensive coordinated early intervening services an LEA— (i) May carry out activities that include professional development and educational and

behavioral evaluations, services, and supports. (ii) Must identify and address the factors contributing to the significant disproportionality,

which may include, among other identified factors, a lack of access to scientifically based instruction; economic, cultural, or linguistic barriers to appropriate identification or placement in particular educational settings; inappropriate use of disciplinary removals; lack of access to appropriate diagnostic screenings; differences in academic achievement levels; and policies, practices, or procedures that contribute to the significant disproportionality.

(iii) Must address a policy, practice, or procedure it identifies as contributing to the significant disproportionality, including a policy, practice or procedure that results in a failure to identify, or the inappropriate identification of, a racial or ethnic group (or groups). (2) An LEA may use funds reserved for comprehensive coordinated early intervening services to

serve children from age 3 through grade 12, particularly, but not exclusively, children in those groups that were significantly overidentified under paragraph (a) or (b) of this section, including—

(i) Children who are not currently identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment; and

(ii) Children with disabilities. (3) An LEA may not limit the provision of comprehensive coordinated early intervening services under

this paragraph to children with disabilities. (e) Exception to comprehensive coordinated early intervening services. The State or the Secretary of the

Interior shall not require any LEA that serves only children with disabilities identified under paragraphs (a) and (b) of this section to reserve funds to provide comprehensive coordinated early intervening services.

(f) Rule of construction. Nothing in this section authorizes a State or an LEA to develop or implement policies, practices, or procedures that result in actions that violate the requirements of this part, including requirements related to child find and ensuring that a free appropriate public education is available to all eligible children with disabilities.

Americans with Disabilities Act (ADA)21

28 C.F.R § 35.107 - DESIGNATION OF RESPONSIBLE EMPLOYEE AND ADOPTION OF GRIEVANCE PROCEDURES.

(a) Designation of responsible employee. A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part. The public entity shall make available to all interested individuals the name, office address, and telephone number of the employee or employees designated pursuant to this paragraph.

(b) Complaint procedure. A public entity that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by this part.

Section 504 of the Rehabilitation Act of 197322

21 The full ADA statute is available at https://legcounsel.house.gov/Comps/Americans%20With%20Disabilities%20Act%20Of%201990.pdf 22 The full Rehabilitation Act statute is available at https://legcounsel.house.gov/Comps/Rehabilitation%20Act%20Of%201973.pdf.

https://legcounsel.house.gov/Comps/Americans%20With%20Disabilities%20Act%20Of%201990.pdf

https://legcounsel.house.gov/Comps/Rehabilitation%20Act%20Of%201973.pdf


34 C.F.R. § 104.7 DESIGNATION OF RESPONSIBLE EMPLOYEE AND ADOPTION OF GRIEVANCE PROCEDURES.

(a) Designation of responsible employee. A recipient that employs fifteen or more persons shall designate at least one person to coordinate its efforts to comply with this part.

(b) Adoption of grievance procedures. A recipient that employs fifteen or more persons shall adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by this part. Such procedures need not be established with respect to complaints from applicants for employment or from applicants for admission to postsecondary educational institutions.

Title IX of the Education Amendments of 197223

34 C.F.R. § 106.8 DESIGNATION OF RESPONSIBLE EMPLOYEE AND ADOPTION OF GRIEVANCE PROCEDURES.

(a) Designation of responsible employee. Each recipient shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to such recipient alleging its noncompliance with this part or alleging any actions which would be prohibited by this part. The recipient shall notify all its students and employees of the name, office address and telephone number of the employee or employees appointed pursuant to this paragraph.

(b) Complaint procedure of recipient. A recipient shall adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action which would be prohibited by this part.

23 The text of Title IX is available at https://www.justice.gov/crt/title-ix-education-amendments-1972.

https://www.justice.gov/crt/title-ix-education-amendments-1972


Appendix E: Applicable Iowa Code Requirements

256B.9 Weighting plan — audits — evaluations — expenditures. 1. In order to provide funds for the excess costs of instruction of children requiring special education, above the

costs of instruction of pupils in a regular curriculum, a special education weighting plan for determining enrollment in each school district is adopted as follows:

a. Pupils in a regular curriculum are assigned a weighting of one. b. Children requiring special education who require special adaptations while assigned to a regular classroom

for basic instructional purposes and pupils with disabilities placed in a special education class who receive part of their instruction in regular classrooms are assigned a weighting of one and eight-tenths. This paragraph also applies to children requiring special education who require specially designed instruction while assigned to a regular classroom for basic instructional purposes.

c. Children requiring special education who require full-time, self-contained special education placement with little integration into a regular classroom are assigned a weighting of two and two-tenths. This paragraph also applies to children requiring special education who require substantial modifications, adaptations, or special education accommodations in order to benefit from instruction in an integrated classroom.

d. Children requiring special education who have severe disabilities or who have multiple disabilities are assigned a weighting of four and four-tenths. This paragraph also applies to children requiring special education who have severe and profound disabilities.

e. Shared-time and part-time pupils of school age who require special education shall be placed in the proper category and counted in the proportion that the time for which they are enrolled or receive instruction for the school year bears to the time that full-time pupils, carrying a normal course schedule, in the same school district, for the same school year are enrolled and receive instruction.

2. The weighting for each category of child multiplied by the number of children in each category in the enrollment of a school district, as identified and certified by the director of special education for the area, determines the weighted enrollment to be used in that district for purposes of computations required under the state school foundation plan in chapter 257.

3. The weight that a child is assigned under this section shall be dependent upon the required educational modifications necessary to meet the special education needs of the child. Enrollment for the purpose of this section, and all payments to be made pursuant thereto, includes all children for whom a special education program or course is to be provided pursuant to section 256.12, subsection 2, sections 273.1 to 273.9, and this chapter, whether or not the children are actually enrolled upon the records of a school district.

4. On December 1, 1987, and no later than December 1 every two years thereafter, for the school year commencing the following July 1, the director of the department of education shall report to the school budget review committee the average costs of providing instruction for children requiring special education in the categories of the weighting plan established under this section, and for providing services to nonpublic school students pursuant to section 256.12, subsection 2, and the director of the department of education shall make recommendations to the school budget review committee for needed alterations to make the weighting plan suitable for subsequent school years. The school budget review committee shall establish the weighting plan for each school year and shall report the plan to the director of the department of education. The school budget review committee may establish weights to the nearest hundredth. The school budget review committee shall not alter the weighting assigned to pupils in a regular curriculum, but it may increase or decrease the weighting assigned to each category of children requiring special education by not more than two-tenths of the weighting assigned to pupils in a regular curriculum. The state board of education shall adopt rules under chapter 17A to implement the weighting plan for each year and to assist in identification and proper indexing of each child in the state who requires special education.

5. The division of special education shall audit the reports required in section 273.5 to determine that all children in the area who have been identified as requiring special education have received the appropriate special education instructional and support services, and to verify the proper identification of pupils in the area who will require special education instructional services during the school year in which the report is filed. The division shall certify to the director of the department of management the correct total enrollment of each school district in the state, determined by applying the appropriate pupil weighting index to each child requiring special education, as certified by the directors of special education in each area.

6. The division may conduct an evaluation of the special education instructional program or special education support services being provided by an area education agency, school district, or private agency, pursuant to sections 273.1 to 273.9 and this chapter, to determine if the program or service is adequate and proper to meet the needs of the child; if the child is benefiting from the program or service; if the costs are in proportion to the educational


benefits being received; and if there are any improvements that can be made in the program or service. A written report of the evaluation shall be sent to the area education agency, school district, or private agency evaluated and to the president of the senate and speaker of the house of representatives of the general assembly.

7. The costs of special education instructional programs include the costs of purchase of transportation equipment to meet the special needs of children requiring special education with the approval of the director of the department of education. The state board of education shall adopt rules under chapter 17A for the purchase of transportation equipment pursuant to this section.

8. Commencing with the school year beginning July 1, 1976, a school district may expend an amount not to exceed two-sevenths of an amount equal to the district cost of a school district for the costs of regular classroom instruction of a child certified under the special education weighting plan in subsection 1, paragraph “b”, as a pupil with disabilities who is enrolled in a special class, but who receives part of the pupil’s instruction in a regular classroom. Unencumbered funds generated for special education instructional programs for the school year beginning July 1, 1975, and for the school year beginning July 1, 1976, shall not be expended for such purpose.

9. Funds generated for special education instructional programs under this chapter and chapter 257 shall not be expended for modifications of school buildings to make them accessible to children requiring special education.

19B.11 School districts, area education agencies, and community colleges — duties of director of department of education.

1. It is the policy of this state to provide equal opportunity in school district, area education agency, and community college employment to all persons. An individual shall not be denied equal access to school district, area education agency, or community college employment opportunities because of race, creed, color, religion, national origin, sex, age, or physical or mental disability. It also is the policy of this state to apply affirmative action measures to correct deficiencies in school district, area education agency, and community college employment systems where those remedies are appropriate. This policy shall be construed broadly to effectuate its purposes.

2. The director of the department of education shall actively promote fair employment practices for all school district, area education agency, and community college employees and the state board of education shall adopt rules requiring specific steps by school districts, area education agencies, and community colleges to accomplish the goals of equal employment opportunity and affirmative action in the recruitment, appointment, assignment, and advancement of personnel. Each school district, area education agency, and community college shall be required to develop affirmative action standards which are based on the population of the community in which it functions, the student population served, or the persons who can be reasonably recruited. The director of education shall consult with the department of administrative services in the performance of duties under this section.

3. Each school district, area education agency, and community college in the state shall submit to the director of the department of education an annual report of the accomplishments and programs of the district, agency, or community college in carrying out its duties under this section. The report shall be submitted between December 15 and December 31 each year. The director shall prescribe the form and content of the report.

4. The director of the department of education shall prepare a compilation of the reports required by subsection 3 and shall submit this compilation, together with a report of the director’s accomplishments and programs pursuant to this section, to the department of management by January 31 of each year.

216.9 Unfair or discriminatory practices — education. 1. It is an unfair or discriminatory practice for any educational institution to discriminate on the basis of race,

creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in any program or activity. Such discriminatory practices shall include but not be limited to the following practices:

a. Exclusion of a person or persons from participation in, denial of the benefits of, or subjection to discrimination in any academic, extracurricular, research, occupational training, or other program or activity except athletic programs;

b. Denial of comparable opportunity in intramural and interscholastic athletic programs; c. Discrimination among persons in employment and the conditions of employment; d. On the basis of sex, the application of any rule concerning the actual or potential parental, family or marital

status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions dependent upon the physician’s diagnosis and certification.

2. For the purpose of this section, “educational institution” includes any preschool, elementary or secondary school, community college, area education agency, or postsecondary college or university and their governing boards. This section does not prohibit an educational institution from maintaining separate toilet facilities, locker rooms, or living facilities for the different sexes so long as comparable facilities are provided. Nothing in this section shall be construed as prohibiting any bona fide religious institution from imposing qualifications based on religion,


sexual orientation, or gender identity when such qualifications are related to a bona fide religious purpose or any institution from admitting students of only one sex.

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 to 9 are omitted] 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.

257.14 Budget adjustment. 1. For the budget year commencing July 1, 2016, and succeeding budget years, a school district shall be eligible

for a budget adjustment in an amount equal to the difference between the regular program district cost for the budget year and one hundred one percent of the regular program district cost for the base year.

2. The board of directors of a school district that wishes to receive a budget adjustment for a budget year pursuant to this section shall adopt by May 15 of the base year for which the budget adjustment is sought, a resolution to receive the budget adjustment and shall notify the department of management of the adoption of the resolution and the amount of the budget adjustment to be received.

257.21 Computation of instructional support amount. 1. The department of management shall establish the amount of instructional support property tax to be levied

and the amount of instructional support income surtax to be imposed by a district in accordance with the decision of the board under section 257.19 for each school year for which the instructional support program is authorized. The department of management shall determine these amounts based upon the most recent figures available for the district’s valuation of taxable property, individual state income tax paid, and budget enrollment in the district, and shall certify to the district’s county auditor the amount of instructional support property tax, and to the director of revenue the amount of instructional support income surtax to be imposed if an instructional support income surtax is to be imposed.


2. The instructional support income surtax shall be imposed on the state individual income tax for the calendar year during which the school’s budget year begins, or for a taxpayer’s fiscal year ending during the second half of that calendar year and after the date the board adopts a resolution to participate in the program or the first half of the succeeding calendar year, and shall be imposed on all individuals residing in the school district on the last day of the applicable tax year. As used in this section, “state individual income tax” means the taxes computed under section 422.5, less the amounts of nonrefundable credits allowed under chapter 422, division II.

257.7 Authorized expenditures. 1. Budgets. School districts are subject to chapter 24. The authorized expenditures of a school district during a

base year shall not exceed the lesser of the budget for that year certified under section 24.17 plus any allowable amendments permitted in this section, or the authorized budget, which is the sum of the combined district cost for that year, the actual miscellaneous income received for that year, and the actual unspent balance from the preceding year.

2. Budget amendments. If actual miscellaneous income for a budget year exceeds the anticipated miscellaneous income in the certified budget for that year, or if an unspent balance has not been previously certified, a school district may amend its certified budget.

257.14 Budget adjustment. 1. For the budget year commencing July 1, 2016, and succeeding budget years, a school district shall be eligible

for a budget adjustment in an amount equal to the difference between the regular program district cost for the budget year and one hundred one percent of the regular program district cost for the base year.

2. The board of directors of a school district that wishes to receive a budget adjustment for a budget year pursuant to this section shall adopt by May 15 of the base year for which the budget adjustment is sought, a resolution to receive the budget adjustment and shall notify the department of management of the adoption of the resolution and the amount of the budget adjustment to be received.

279.14 Evaluation criteria and procedures. 1. The board shall establish evaluation criteria and evaluation procedures. 2. The determination of standards of performance expected of school district personnel shall be reserved as an

exclusive management right of the school board and shall not be subject to mandatory negotiations under chapter 20. Objections to the procedures, use, or content of an evaluation in a teacher termination proceeding brought before the school board in a hearing held in accordance with section 279.16 or 279.27 shall not be subject to any grievance procedures negotiated in accordance with chapter 20.

279.23 Continuing contract for administrators. 1. Contracts with administrators shall be in writing and shall contain all of the following: a. The term of employment which for all administrators except for superintendents may be a term of up to two

years. Superintendents may be employed under section 279.20 for a term not to exceed three years. b. The length of time during the school year services are to be performed. c. The rate of compensation. d. A statement that the contract is invalid if the administrator is under contract with another board of directors in

this state covering the same period of time, until such contract shall have been released or terminated by its provisions.

e. Such other matters as may be agreed upon. 2. The contract shall be signed by the president and the administrator and shall be filed with the secretary of the

board before the administrator enters upon performance of the contract. A contract shall not be tendered by an employing board to an administrator under its jurisdiction prior to March 15. A contract shall not be required to be signed by the administrator and returned to the board in less than twenty-one days after being tendered.

3. Except as otherwise specifically provided, an administrator’s contract shall be governed by the provisions of this section and sections 279.23A, 279.24, and 279.25, and not by section 279.13.

4. For purposes of this section and sections 279.23A, 279.24, and 279.25, the term “administrator” includes school superintendents, assistant superintendents, educational directors employed by school districts for grades kindergarten through twelve, educational directors employed by area education agencies under chapter 273, principals, assistant principals, other certified school supervisors employed by school districts for grades kindergarten through twelve as defined under section 20.4, and other certified school supervisors employed by area education agencies under chapter 273. For purposes of this section and sections 279.23A, 279.24, and 279.25,


with regard to community college employees, “administrator” includes the administrator of an instructional division or an area of instructional responsibility, and the administrator of an instructional unit, department, or section.

5. Notwithstanding the other provisions of this section, a temporary contract may be issued to an administrator for up to nine months. Notwithstanding the other provisions of this section, a temporary contract may also be issued to an administrator to fill a vacancy created by a leave of absence in accordance with the provisions of section 29A.28, which contract shall automatically terminate upon return from military leave of the former incumbent of the administrator position. Temporary contracts shall not be subject to the provisions of sections 279.24 and 279.25.

279.23A Evaluation criteria and procedures.

The board shall establish written evaluation criteria and shall establish and annually implement evaluation procedures. The board shall also establish written job descriptions for all supervisory positions.

280.28 Harassment and bullying prohibited — policy — immunity. 1. Purpose — findings — policy. The state of Iowa is committed to providing all students with a safe and civil

school environment in which all members of the school community are treated with dignity and respect. The general assembly finds that a safe and civil school environment is necessary for students to learn and achieve at high academic levels. Harassing and bullying behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed. Therefore, it is the policy of the state of Iowa that school employees, volunteers, and students in Iowa schools shall not engage in harassing or bullying behavior.

2. Definitions. For purposes of this section, unless the context otherwise requires: a. “Electronic” means any communication involving the transmission of information by wire, radio, optical cable,

electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.

b. “Harassment” and “bullying” shall be construed to mean any electronic, written, verbal, or physical act or conduct toward a student which is based on any actual or perceived trait or characteristic of the student and which creates an objectively hostile school environment that meets one or more of the following conditions:

(1) Places the student in reasonable fear of harm to the student’s person or property. (2) Has a substantially detrimental effect on the student’s physical or mental health. (3) Has the effect of substantially interfering with a student’s academic performance. (4) Has the effect of substantially interfering with the student’s ability to participate in or benefit from the

services, activities, or privileges provided by a school. c. “Trait or characteristic of the student” includes but is not limited to age, color, creed, national origin, race,

religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.

d. “Volunteer” means an individual who has regular, significant contact with students. 3. Policy. On or before September 1, 2007, the board of directors of a school district and the authorities in

charge of each accredited nonpublic school shall adopt a policy declaring harassment and bullying in schools, on school property, and at any school function, or school-sponsored activity regardless of its location, in a manner consistent with this section, as against state and school policy. The board and the authorities shall make a copy of the policy available to all school employees, volunteers, students, and parents or guardians and shall take all appropriate steps to bring the policy against harassment and bullying and the responsibilities set forth in the policy to the attention of school employees, volunteers, students, and parents or guardians. Each policy shall, at a minimum, include all of the following components:

a. A statement declaring harassment and bullying to be against state and school policy. The statement shall include but not be limited to the following provisions:

(1) School employees, volunteers, and students in school, on school property, or at any school function or school-sponsored activity shall not engage in harassing and bullying behavior.

(2) School employees, volunteers, and students shall not engage in reprisal, retaliation, or false accusation against a victim, witness, or an individual who has reliable information about such an act of harassment or bullying. b. A definition of harassment and bullying as set forth in this section.

c. A description of the type of behavior expected from school employees, volunteers, parents or guardians, and students relative to prevention measures, reporting, and investigation of harassment or bullying.

d. The consequences and appropriate remedial action for a person who violates the antiharassment and antibullying policy.


e. A procedure for reporting an act of harassment or bullying, including the identification by job title of the school official responsible for ensuring that the policy is implemented, and the identification of the person or persons responsible for receiving reports of harassment or bullying.

f. A procedure for the prompt investigation of complaints, either identifying the school superintendent or the superintendent’s designee as the individual responsible for conducting the investigation, including a statement that investigators will consider the totality of circumstances presented in determining whether conduct objectively constitutes harassment or bullying under this section.

g. A statement of the manner in which the policy will be publicized. 4. Programs encouraged. The board of directors of a school district and the authorities in charge of each

accredited nonpublic school are encouraged to establish programs designed to eliminate harassment and bullying in schools. To the extent that funds are available for these purposes, school districts and accredited nonpublic schools shall do the following:

a. Provide training on antiharassment and antibullying policies to school employees and volunteers who have significant contact with students.

b. Develop a process to provide school employees, volunteers, and students with the skills and knowledge to help reduce incidents of harassment and bullying.

5. Immunity. A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of harassment or bullying, in compliance with the procedures in the policy adopted pursuant to this section, to the appropriate school official designated by the school district or accredited nonpublic school, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.

6. Collection requirement. The board of directors of a school district and the authorities in charge of each nonpublic school shall develop and maintain a system to collect harassment and bullying incidence data.

7. Integration of policy and reporting. The board of directors of a school district and the authorities in charge of each nonpublic school shall integrate its antiharassment and antibullying policy into the comprehensive school improvement plan required under section 256.7, subsection 21, and shall report data collected under subsection 6, as specified by the department, to the local community.

8. Existing remedies not affected. This section shall not be construed to preclude a victim from seeking administrative or legal remedies under any applicable provision of law.

280.3 Educational program — attendance center requirements. 1. The board of directors of each public school district and the authorities in charge of each nonpublic school

shall prescribe the minimum educational program and an attendance policy which shall require each child to attend school for at least one hundred forty-eight days, to be met by attendance for at least thirty-seven days each school quarter, for the schools under their jurisdictions.

2. The minimum educational program shall be the curriculum set forth in subsection 3 of this section and section 256.11, except as otherwise provided by law. The board of directors of a public school district shall not allow discrimination in any educational program on the basis of race, color, creed, sex, marital status, or place of national origin.

3. The board of directors of each public school district and the authorities in charge of each nonpublic school shall do all of the following:

a. Adopt an implementation plan by July 1, 2010, which provides for the adoption of at least one core curriculum subject area each year as established by the state board of education for grades nine through twelve pursuant to section 256.7, subsection 26. The core curriculum established for grades nine through twelve by the state board of education pursuant to section 256.7, subsection 26, shall be fully implemented by each school district and school by July 1, 2012.

b. Adopt an implementation plan, by July 1, 2012, which provides for the full implementation of the core curriculum established for kindergarten through grade eight by the state board of education pursuant to section 256.7, subsection 26, by the 2014-2015 school year.

4. A nonpublic school which is unable to meet the minimum educational program may request an exemption from the state board of education. The authorities in charge of the nonpublic school shall file with the director of the department of education the names and locations of all schools desiring to be exempted and the names, ages, and post office addresses of all pupils of compulsory school age who are enrolled. The director, subject to the approval of the state board, may exempt the nonpublic school from compliance with the minimum educational program for two school years. When the exemption has once been granted, renewal of the exemption for each succeeding school year may be conditioned by the director, with the approval of the board, upon proof of achievement in the basic skills of arithmetic, the communicative arts of reading, writing, grammar, and spelling, and an understanding of


United States history, history of Iowa, and the principles of American government, of the pupils of compulsory school age exempted in the preceding year. Proof of achievement shall be determined on the basis of tests or other means of evaluation prescribed by the director of the department of education with the approval of the state board of education. The testing or evaluation, if required, shall be accomplished prior to submission of the request for renewal of the exemption. Renewal requests shall be filed with the director by April 15 of the school year preceding the school year for which the applicants desire exemption. This section shall not apply to schools eligible for exemption under section 299.24.

5. The board of directors of each public school district and the authorities in charge of each nonpublic school shall establish and maintain attendance centers based upon the needs of the school age pupils enrolled in the school district or nonpublic school. Public school kindergarten programs shall and public and nonpublic school prekindergarten programs may be provided. In addition, the board of directors or governing authority may include in the educational program of any school such additional courses, subjects, or activities which it deems fit the needs of the pupils.

282.18 Open enrollment. 1. a. It is the goal of the general assembly to permit a wide range of educational choices for children enrolled in

schools in this state and to maximize ability to use those choices. It is therefore the intent that this section be construed broadly to maximize parental choice and access to educational opportunities which are not available to children because of where they live.

b. For the school year commencing July 1, 1989, and each succeeding school year, a parent or guardian residing in a school district may enroll the parent’s or guardian’s child in a public school in another school district in the manner provided in this section.

2. a. By March 1 of the preceding school year for students entering grades one through twelve, or by September 1 of the current school year for students entering kindergarten, the parent or guardian shall send notification to the district of residence and the receiving district, on forms prescribed by the department of education, that the parent or guardian intends to enroll the parent’s or guardian’s child in a public school in another school district. If a parent or guardian fails to file a notification that the parent intends to enroll the parent’s or guardian’s child in a public school in another district by the deadline specified in this subsection, the procedures of subsection 4 apply.

b. The board of the receiving district shall enroll the pupil in a school in the receiving district for the following school year unless the receiving district has insufficient classroom space for the pupil. The board of directors of a receiving district may adopt a policy granting the superintendent of the school district authority to approve open enrollment applications. If the request is granted, the board shall transmit a copy of the form to the parent or guardian and the school district of residence within five days after board action, but not later than June 1 of the preceding school year. The parent or guardian may withdraw the request at any time prior to the start of the school year. A denial of a request by the board of a receiving district is not subject to appeal.

c. Every school district shall adopt a policy which defines the term “insufficient classroom space” for that district. 3. a. The superintendent of a district subject to a voluntary diversity or court-ordered desegregation plan, as

recognized by rule of the state board of education, may deny a request for transfer under this section if the superintendent finds that enrollment or release of a pupil will adversely affect the district’s implementation of the desegregation order or diversity plan, unless the transfer is requested by a pupil whose sibling is already participating in open enrollment to another district, or unless the request for transfer is submitted to the district in a timely manner as required under subsection 2 prior to the adoption of a desegregation plan by the district. If a transfer request would facilitate a voluntary diversity or court-ordered desegregation plan, the district shall give priority to granting the request over other requests.

b. A parent or guardian, whose request has been denied because of a desegregation order or diversity plan, may appeal the decision of the superintendent to the board of the district in which the request was denied. The board may either uphold or overturn the superintendent’s decision. A decision of the board to uphold the denial of the request is subject to appeal to the district court in the county in which the primary business office of the district is located. The state board of education shall adopt rules establishing definitions, guidelines, and a review process for school districts that adopt voluntary diversity plans. The guidelines shall include criteria and standards that school districts must follow when developing a voluntary diversity plan. The department of education shall provide technical assistance to a school district that is seeking to adopt a voluntary diversity plan. A school district implementing a voluntary diversity plan prior to July 1, 2008, shall have until July 1, 2009, to comply with guidelines adopted by the state board pursuant to this section. c. The board of directors of a school district subject to voluntary diversity or court-ordered desegregation shall develop a policy for implementation of open enrollment in the district. The policy shall contain objective criteria for determining when a request would adversely impact the desegregation order or voluntary diversity plan and criteria for prioritizing requests that do not have an adverse impact on the order or plan.


4. a. After March 1 of the preceding school year and until the date specified in section 257.6, subsection 1, the parent or guardian shall send notification to the district of residence and the receiving district, on forms prescribed by the department of education, that good cause, as defined in paragraph “b”, exists for failure to meet the March 1 deadline. The board of directors of a receiving school district may adopt a policy granting the superintendent of the school district authority to approve open enrollment applications submitted after the March 1 deadline. The board of the receiving district shall take action to approve the request if good cause exists. If the request is granted, the board shall transmit a copy of the form to the parent or guardian and the school district of residence within five days after board action. A denial of a request by the board of a receiving district is not subject to appeal.

b. For purposes of this section, “good cause” means a change in a child’s residence due to a change in family residence, a change in the state in which the family residence is located, a change in a child’s parents’ marital status, a guardianship or custody proceeding, placement in foster care, adoption, participation in a foreign exchange program, or participation in a substance abuse or mental health treatment program, a change in the status of a child’s resident district such as removal of accreditation by the state board, surrender of accreditation, or permanent closure of a nonpublic school, revocation of a charter school contract as provided in section 256F.8, the failure of negotiations for a whole grade sharing, reorganization, dissolution agreement or the rejection of a current whole grade sharing agreement, or reorganization plan. If the good cause relates to a change in status of a child’s school district of residence, however, action by a parent or guardian must be taken to file the notification within forty-five days of the last board action or within thirty days of the certification of the election, whichever is applicable to the circumstances.

c. If a resident district believes that a receiving district is violating this subsection, the resident district may, within fifteen days after board action by the receiving district, submit an appeal to the director of the department of education.

d. The director, or the director’s designee, shall attempt to mediate the dispute to reach approval by both boards as provided in subsection 14. If approval is not reached under mediation, the director or the director’s designee shall conduct a hearing and shall hear testimony from both boards. Within ten days following the hearing, the director shall render a decision upholding or reversing the decision by the board of the receiving district. Within five days of the director’s decision, the board may appeal the decision of the director to the state board of education under the procedures set forth in chapter 290.

5. Open enrollment applications filed after March 1 of the preceding school year that do not qualify for good cause as provided in subsection 4 shall be subject to the approval of the board of the resident district and the board of the receiving district. The parent or guardian shall send notification to the district of residence and the receiving district that the parent or guardian seeks to enroll the parent’s or guardian’s child in the receiving district. A decision of either board to deny an application filed under this subsection involving repeated acts of harassment of the student or serious health condition of the student that the resident district cannot adequately address is subject to appeal under section 290.1. The state board shall exercise broad discretion to achieve just and equitable results that are in the best interest of the affected child or children.

6. A request under this section is for a period of not less than one year. If the request is for more than one year and the parent or guardian desires to have the pupil enroll in a different district, the parent or guardian may petition the current receiving district by March 1 of the previous school year for permission to enroll the pupil in a different district for a period of not less than one year. Upon receipt of such a request, the current receiving district board may act on the request to transfer to the other school district at the next regularly scheduled board meeting after the receipt of the request. The new receiving district shall enroll the pupil in a school in the district unless there is insufficient classroom space in the district or unless enrollment of the pupil would adversely affect the court-ordered or voluntary desegregation plan of the district. A denial of a request to change district enrollment within the approved period is not subject to appeal. However, a pupil who has been in attendance in another district under this section may return to the district of residence and enroll at any time, once the parent or guardian has notified the district of residence and the receiving district in writing of the decision to enroll the pupil in the district of residence.

7. A pupil participating in open enrollment shall be counted, for state school foundation aid purposes, in the pupil’s district of residence. A pupil’s residence, for purposes of this section, means a residence under section 282.1. The board of directors of the district of residence shall pay to the receiving district the state cost per pupil for the previous school year, and the teacher leadership supplement state cost per pupil for the previous fiscal year as provided in section 257.9, plus any moneys received for the pupil as a result of the non-English speaking weighting under section 280.4, subsection 3, for the previous school year multiplied by the state cost per pupil for the previous year. If the pupil participating in open enrollment is also an eligible pupil under section 261E.6, the receiving district shall pay the tuition reimbursement amount to an eligible postsecondary institution as provided in section 261E.7.


8. If a request filed under this section is for a child requiring special education under chapter 256B, the request to transfer to the other district shall only be granted if the receiving district maintains a special education instructional program which is appropriate to meet the child’s educational needs and the enrollment of the child in the receiving district’s program would not cause the size of the class in that special education instructional program in the receiving district to exceed the maximum class size in rules adopted by the state board of education for that program. For children requiring special education, the board of directors of the district of residence shall pay to the receiving district the actual costs incurred in providing the appropriate special education.

9. a. If a parent or guardian of a child, who is participating in open enrollment under this section, moves to a different school district during the course of either district’s academic year, the child’s first district of residence shall be responsible for payment of the cost per pupil plus weightings or special education costs to the receiving school district for the balance of the school year in which the move took place. The new district of residence shall be responsible for the payments during succeeding years.

b. If a request to transfer is due to a change in family residence, change in the state in which the family residence is located, a change in a child’s parents’ marital status, a guardianship proceeding, placement in foster care, adoption, participation in a foreign exchange program, or participation in a substance abuse or mental health treatment program, and the child who is the subject of the request is enrolled in any grade from kindergarten through grade twelve at the time of the request and is not currently using any provision of open enrollment, the parent or guardian of the child shall have the option to have the child remain in the child’s original district of residence under open enrollment with no interruption in the child’s kindergarten through grade twelve educational program. If a parent or guardian exercises this option, the child’s new district of residence is not required to pay the amount calculated in subsection 7 until the start of the first full year of enrollment of the child.

c. Quarterly payments shall be made to the receiving district. d. If the transfer of a pupil from one district to another results in a transfer from one area education agency to

another, the sending district shall forward a copy of the request to the sending district’s area education agency. The receiving district shall forward a copy of the request to the receiving district’s area education agency. Any moneys received by the area education agency of the sending district for the pupil who is the subject of the request shall be forwarded to the receiving district’s area education agency.

e. A district of residence may apply to the school budget review committee if a student was not included in the resident district’s enrollment count during the fall of the year preceding the student’s transfer under open enrollment.

10. a. Notwithstanding section 285.1 relating to transportation of nonresident pupils, the parent or guardian is responsible for transporting the pupil without reimbursement to and from a point on a regular school bus route of the receiving district. For purposes of this subsection, “a point on a regular school bus route of the receiving district” includes any school bus stop on the regular school bus route of the receiving district that existed prior to road construction that necessitates a change in the regular school bus route, whether or not the change in the regular school bus route resulting from the road construction necessitates sending school vehicles from the receiving district into the district of residence in order to safely, economically, or efficiently transport students to or from the preexisting point.

b. A receiving district may send school vehicles into the district of residence of the pupil using the open enrollment option under this section, for the purpose of transporting the pupil to and from school in the receiving district, if the boards of both the sending and receiving districts agree to this arrangement.

c. If the pupil meets the economic eligibility requirements established by the department and state board of education, the sending district is responsible for providing transportation or paying the pro rata cost of the transportation to a parent or guardian for transporting the pupil to and from a point on a regular school bus route of a contiguous receiving district unless the cost of providing transportation or the pro rata cost of the transportation to a parent or guardian exceeds the average transportation cost per pupil transported for the previous school year in the district. If the cost exceeds the average transportation cost per pupil transported for the previous school year, the sending district shall only be responsible for that average per pupil amount. A sending district which provides transportation for a pupil to a contiguous receiving district under this subsection may withhold, from the district cost per pupil amount that is to be paid to the receiving district, an amount which represents the average or pro rata cost per pupil for transportation, whichever is less.

11. A pupil who participates in open enrollment for purposes of attending a grade in grades nine through twelve in a school district other than the district of residence is ineligible to participate in varsity interscholastic athletic contests and athletic competitions during the pupil’s first ninety school days of enrollment in the district except that the pupil may participate immediately in a varsity interscholastic sport if the pupil is entering grade nine for the first time and did not participate in an interscholastic athletic competition for another school or school district during the summer immediately following eighth grade, if the district of residence and the other school district jointly


participate in the sport, if the sport in which the pupil wishes to participate is not offered in the district of residence, if the pupil chooses to use open enrollment to attend school in another school district because the district in which the student previously attended school was dissolved and merged with one or more contiguous school districts under section 256.11, subsection 12, if the pupil participates in open enrollment because the pupil’s district of residence has entered into a whole grade sharing agreement with another district for the pupil’s grade, or if the parent or guardian of the pupil participating in open enrollment is an active member of the armed forces and resides in permanent housing on government property provided by a branch of the armed services. A pupil who has paid tuition and attended school, or has attended school pursuant to a mutual agreement between the two districts, in a district other than the pupil’s district of residence for at least one school year is also eligible to participate immediately in interscholastic athletic contests and athletic competitions under this section, but only as a member of a team from the district that pupil had attended. For purposes of this subsection, “school days of enrollment” does not include enrollment in summer school. For purposes of this subsection, “varsity” means the same as defined in section 256.46.

12. If a pupil, for whom a request to transfer has been filed with a district, has been suspended or expelled in the district, the pupil shall not be permitted to transfer until the pupil has been reinstated in the sending district. Once the pupil has been reinstated, however, the pupil shall be permitted to transfer in the same manner as if the pupil had not been suspended or expelled by the sending district. If a pupil, for whom a request to transfer has been filed with a district, is expelled in the district, the pupil shall be permitted to transfer to a receiving district under this section if the pupil applies for and is reinstated in the sending district. However, if the pupil applies for reinstatement but is not reinstated in the sending district, the receiving district may deny the request to transfer. The decision of the receiving district is not subject to appeal.

13. If a request under this section is for transfer to a laboratory school, as described in chapter 265, the student, who is the subject of the request, shall not be included in the basic enrollment of the student’s district of residence, and the laboratory school shall report the enrollment of the student directly to the department of education, unless the number of students from the district attending the laboratory school during the current school year, as a result of open enrollment under this section, exceeds the number of students enrolled in the laboratory school from that district during the 1989-1990 school year. If the number of students enrolled in the laboratory school from a district during the current year exceeds the number of students enrolled from that district during the 1989-1990 school year, those students who represent the difference between the current and the 1988-1989 school year enrollment figures shall be included in the basic enrollment of the students’ districts of residence and the districts shall retain any moneys received as a result of the inclusion of the student in the district enrollment. The total number of students enrolled at a laboratory school during a school year shall not exceed six hundred seventy students. The regents institution operating the laboratory school and the board of directors of the school district in the community in which the regents institution is located shall develop a student transfer policy designed to protect and promote the quality and integrity of the teacher education program at the laboratory school, the viability of the education program of the local school district in which the regents institution is located, and to indicate the order in which and reasons why requests to transfer to a laboratory school shall be considered. A laboratory school may deny a request for transfer under the policy. A denial of a request to transfer under this subsection is not subject to appeal under section 290.1.

14. An application for open enrollment may be granted at any time with approval of the resident and receiving districts.

15. a. If a request under this section is for transfer to the research and development school, as described in chapter 256G, the student who is the subject of the request shall be included in the basic enrollment of the student’s district of residence and the board of directors of the district of residence shall pay to the research and development school the state cost per pupil for the previous school year, plus any moneys received for the pupil as a result of the non-English speaking weighting under section 280.4, subsection 3, for the previous school year multiplied by the state cost per pupil for the previous year.

b. Notwithstanding subsection 7, a district of residence shall not be required to pay the state cost per pupil for a student attending the research and development school during the school year beginning July 1, 2010, if the student was not included in the district of residence’s enrollment count for funding purposes in the school year beginning July 1, 2009.

16. a. The total enrollment of the research and development school shall be limited to six hundred fifty students. b. Open enrollment requests accepted by the research and development school shall be limited to a five percent

increase per year of students from each of the Cedar Falls community school district and the Waterloo school district over the previous year’s enrollment at the research and development school.


c. The total number of students enrolled in the research and development school from the Cedar Falls community school district shall be limited to not more than ten percent of the total district enrollment of the Cedar Falls community school district.

d. Open enrollment requests accepted by the research and development school from a school district shall be limited to not more than two percent of a school district’s previous year’s total enrollment count. This subsection does not apply to the Cedar Falls community and Waterloo school districts. 17. The director of the department of education shall recommend rules to the state board of education for the orderly implementation of this section. The state board shall adopt rules as needed for the implementation of this section.

17. The director of the department of education shall recommend rules to the state board of education for the orderly implementation of this section. The state board shall adopt rules as needed for the implementation of this section.

284.6 Teacher professional development. 1. The department shall coordinate a statewide network of professional development for Iowa teachers. A school

district or professional development provider that offers a professional development program in accordance with section 256.9, subsection 42, shall demonstrate that the program contains the following:

a. Support that meets the professional development needs of individual teachers and is aligned with the Iowa teaching standards.

b. Research-based instructional strategies aligned with the school district’s student achievement needs and the long-range improvement goals established by the district.

c. Instructional improvement components including student achievement data, analysis, theory, classroom demonstration and practice, technology integration, observation, reflection, and peer coaching.

d. An evaluation component that documents the improvement in instructional practice and the effect on student learning.

2. The department shall identify models of professional development practices that produce evidence of the link between teacher training and improved student learning.

3. A school district shall incorporate a district professional development plan into the district’s comprehensive school improvement plan submitted to the department in accordance with section 256.7, subsection 21. The district professional development plan shall include a description of the means by which the school district will provide access to all teachers in the district to professional development programs or offerings that meet the requirements of subsection 1. The plan shall align all professional development with the school district’s long-range student learning goals and the Iowa teaching standards. The plan shall indicate the school district’s approved professional development provider or providers.

4. In cooperation with the teacher’s evaluator, the career teacher employed by a school district shall develop an individual teacher professional development plan. The evaluator shall consult with the teacher’s supervisor on the development of the individual teacher professional development plan. The purpose of the plan is to promote individual and group professional development. The individual plan shall be based, at minimum, on the needs of the teacher, the Iowa teaching standards, and the student achievement goals of the attendance center and the school district as outlined in the comprehensive school improvement plan. The individual plan shall include goals for the individual which are beyond those required under the attendance center professional development plan developed pursuant to subsection 7.

5. The teacher’s evaluator shall annually meet with the teacher to review progress in meeting the goals in the teacher’s individual plan. The teacher shall present to the evaluator evidence of progress. The purpose of the meeting shall be to review the teacher’s progress in meeting professional development goals in the plan and to review collaborative work with other staff on student achievement goals and to modify as necessary the teacher’s individual plan to reflect the individual teacher’s and the school district’s needs and the individual’s progress in meeting the goals in the plan. The teacher’s supervisor and the evaluator shall review, modify, or accept modifications made to the teacher’s individual plan.

6. School districts, a consortium of school districts, area education agencies, higher education institutions, and other public or private entities including professional associations may be approved by the state board to provide teacher professional development. The professional development program or offering shall, at minimum, meet the requirements of subsection 1. The state board shall adopt rules for the approval of professional development providers and standards for the district development plan.

7. Each attendance center shall develop an attendance center professional development plan. The purpose of the plan is to promote group professional development. The attendance center plan shall be based, at a minimum, on the needs of the teachers, the Iowa teaching standards, district professional development plans, and the student


achievement goals of the attendance center and the school district as set forth in the comprehensive school improvement plan.

8. For each year in which a school district receives funds calculated and paid to school districts for professional development pursuant to section 257.10, subsection 10, or section 257.37A, subsection 2, the school district shall create quality professional development opportunities. Not less than thirty-six hours in the school calendar, held outside of the minimum school day, shall be set aside during nonpreparation time or designated professional development time to allow practitioners to collaborate with each other to deliver educational programs and assess student learning, or to engage in peer review pursuant to section 284.8, subsection 1. The funds may be used to implement the professional development provisions of the teacher career paths and leadership roles specified in section 284.15, including but not limited to providing professional development teachers, including additional salaries for time beyond the normal negotiated agreement; activities and pay to support a beginning teacher mentoring and induction program that meets the requirements of section 284.5; pay for substitute teachers, professional development materials, speakers, and professional development content; textbooks and curriculum materials used for classroom purposes if such textbooks and curriculum materials include professional development; administering assessments pursuant to section 256.7, subsection 21, paragraph “b”, subparagraphs (1) and (2), if such assessments include professional development; and costs associated with implementing the individual professional development plans. The use of the funds shall be balanced between school district, attendance center, and individual professional development plans, making every reasonable effort to provide equal access to all teachers.

9. Moneys received pursuant to section 257.10, subsection 10, or section 257.37A, subsection 2, shall be maintained as a separate listing within a school district’s or area education agency’s budget for funds received and expenditures made pursuant to this subsection. The department shall not require a school district or area education agency to allocate a specific amount or percentage of moneys received pursuant to section 257.10, subsection 10, or section 257.37A, subsection 2, for professional development related to implementation of the core curriculum under section 256.7, subsection 26. A school district shall certify to the department how the school district allocated the funds and that moneys received under this subsection were used to supplement, not supplant, the professional development opportunities the school district would otherwise make available. For budget years beginning on or after July 1, 2017, all or a portion of the moneys received pursuant to section 257.10, subsection 10, that remain unexpended and unobligated at the end of a fiscal year may, pursuant to section 257.10, subsection 10, paragraph “d”, be transferred for deposit in the school district’s flexibility account established under section 298A.2, subsection 2.

10. If funds are allocated for purposes of professional development pursuant to section 284.13, subsection 1, paragraph “c”, the department shall, in collaboration with the area education agencies, establish teacher development academies for school-based teams of teachers and instructional leaders. Each academy shall include an institute and shall provide follow-up training and coaching

291.1 President — duties. The president of the board of directors shall preside at all of its meetings, sign all contracts made by the board,

and appear in behalf of the corporation in all actions brought by or against it, unless individually a party, in which case this duty shall be performed by the secretary. The president or the president’s designee shall sign, using an original or facsimile signature, all school district warrants drawn as provided by law. The board of directors, by resolution, may designate an individual, who shall not be the secretary, to sign warrants on behalf of the president.

284.8 Performance review requirements for teachers — peer group reviews. 1. A school district shall provide for an annual review of each teacher’s performance for purposes of assisting

teachers in making continuous improvement, documenting continued competence in the Iowa teaching standards, identifying teachers in need of improvement, or to determine whether the teacher’s practice meets school district expectations for career advancement. The review shall include, at minimum, classroom observation of the teacher, the teacher’s progress, and implementation of the teacher’s individual professional development plan, subject to the level of resources provided to implement the plan; and shall include supporting documentation from parents, students, and other teachers. The first and second year of review shall be conducted by a peer group of teachers. The peer group shall review all of the peer group members. Peer group reviews shall be formative and shall be conducted on an informal, collaborative basis that is focused on assisting each peer group member in achieving the goals of the teacher’s individual professional development plan. Peer group reviews shall not be the basis for recommending that a teacher participate in an intensive assistance program, and shall not be used to determine the compensation, promotion, layoff, or termination of a teacher, or any other determination affecting a teacher’s employment status. However, as a result of a peer group review, a teacher may elect to participate in an intensive


assistance program. Members of the peer group shall be reviewed every third year by at least one evaluator certified in accordance with section 284.10.

2. If a supervisor or an evaluator determines, at any time, as a result of a teacher’s performance that the teacher is not meeting district expectations under the Iowa teaching standards specified in section 284.3, subsection 1, paragraphs “a” through “h”, and the criteria for the Iowa teaching standards developed by the department in accordance with section 256.9, subsection 42, the evaluator shall, at the direction of the teacher’s supervisor, recommend to the district that the teacher participate in an intensive assistance program. The intensive assistance program and its implementation are not subject to negotiation and grievance procedures established pursuant to chapter 20. All school districts shall be prepared to offer an intensive assistance program.

3. A teacher who is not meeting the applicable standards and criteria based on a determination made pursuant to subsection 2 shall participate in an intensive assistance program. However, a teacher who has previously participated in an intensive assistance program relating to particular Iowa teaching standards or criteria shall not be entitled to participate in another intensive assistance program relating to the same standards or criteria and shall be subject to the provisions of subsection 4.

4. Following a teacher’s participation in an intensive assistance program, the teacher shall be reevaluated to determine whether the teacher successfully completed the intensive assistance program and is meeting district expectations under the applicable Iowa teaching standards or criteria. If the teacher did not successfully complete the intensive assistance program or continues not to meet the applicable Iowa teaching standards or criteria, the board may do any of the following:

a. Terminate the teacher’s contract immediately pursuant to section 279.27. b. Terminate the teacher’s contract at the end of the school year pursuant to section 279.15. c. Continue the teacher’s contract for a period not to exceed one year. However, the contract shall not be

renewed and shall not be subject to section 279.15.

299A.2 Competent private instruction by licensed practitioner.

If a licensed practitioner provides competent instruction to a school-age child, the practitioner shall possess a valid license or certificate which has been issued by the state board of educational examiners under chapter 272 and which is appropriate to the ages and grade levels of the children to be taught. Competent private instruction may include but is not limited to a home school assistance program which provides instruction or instructional supervision offered through an accredited nonpublic school or public school district by a teacher, who is employed by the accredited nonpublic school or public school district, who assists and supervises a parent, guardian, or legal custodian in providing instruction to a child. If competent private instruction is provided through a public school district, the child shall be enrolled and included in the basic enrollment of the school district as provided in section 257.6. Sections 299A.3 through 299A.7 do not apply to competent private instruction provided by a licensed practitioner under this section. However, the reporting requirement contained in section 299A.3, subsection 1, shall apply to competent private instruction provided by licensed practitioners that is not part of a home school assistance program offered through an accredited nonpublic school or public school district.


Appendix F: Applicable Iowa Administrative Code

281—12.1 (256) General standards.

12.1(1) Schools and school districts governed by general accreditation standards. These standards govern the accreditation of all prekindergarten, if offered, or kindergarten through grade 12 school districts operated by public school corporations and the accreditation, if requested, of prekindergarten or kindergarten through grade 12 schools operated under nonpublic auspices. Each school district shall take affirmative steps to integrate students in attendance centers and courses. Schools and school districts shall collect and annually review district, attendance center, and course enrollment data on the basis of race, national origin, gender, and disability. Equal opportunity in programs shall be provided to all students regardless of race, color, national origin, gender, sexual orientation as defined in Iowa Code section 216.2 as amended by 2007 Iowa Acts, Senate File 427, section 1, gender identity as defined in Iowa Code section 216.2 as amended by 2007 Iowa Acts, Senate File 427, section 1, socioeconomic status, disability, religion, or creed. Nothing in this rule shall be construed as prohibiting any bona fide religious institution from imposing qualifications based upon religion when such qualifications are related to a bona fide religious purpose.

281—12.3(256) Administration. The following standards shall apply to the administration of accredited schools and school districts. [12.3(1) is omitted] 12.3(2) Policy manual. The board shall develop and maintain a policy manual which provides a codification of its

policies, including the adoption date, the review date, and any revision date for each policy. Policies shall be reviewed at least every five years to ensure relevance to current practices and compliance with the Iowa Code, administrative rules and decisions, and court decisions.

12.3(3) Personnel evaluation. Each board shall adopt evaluation criteria and procedures for all contracted staff. The evaluation processes shall conform to Iowa Code sections 279.14 and 279.23A.

[12.3(4)-(12) are omitted] 12.3(13) Policy declaring harassment and bullying against state and school policy. The policy adopted by the

board regarding harassment of or by students and staff shall declare harassment and bullying in schools, on school property, and at any school function or school-sponsored activity regardless of its location to be against state and school policy. The board shall make a copy of the policy available to all school employees, volunteers, students, and parents or guardians and shall take all appropriate steps to bring the policy against harassment and bullying and the responsibilities set forth in the policy to the attention of school employees, volunteers, students, and parents or guardians. Each policy shall, at a minimum, include all of the following components:

a. A statement declaring harassment and bullying to be against state and school policy. The statement shall include but not be limited to the following provisions:

(1) School employees, volunteers, and students in school, on school property, or at any school function or school-sponsored activity shall not engage in harassing and bullying behavior.

(2) School employees, volunteers, and students shall not engage in reprisal, retaliation, or false accusation against a victim, a witness, or an individual who has reliable information about such an act of harassment or bullying.

b. A definition of harassment and bullying consistent with the following: Harassment and bullying shall be construed to mean any electronic, written, verbal, or physical act or conduct toward a student which is based on the student’s actual or perceived age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status, and which creates an objectively hostile school environment that meets one or more of the following conditions:

(1) Places the student in reasonable fear of harm to the student’s person or property. (2) Has a substantially detrimental effect on the student’s physical or mental health. (3) Has the effect of substantially interfering with a student’s academic performance. (4) Has the effect of substantially interfering with the student’s ability to participate in or benefit from the

services, activities, or privileges provided by a school. The local board policy must set forth all 17 of the above-enumerated traits or characteristics, but does not need to be limited to the 17 enumerated traits or characteristics.

c. A description of the type of behavior expected from school employees, volunteers, parents or guardians, and students relative to prevention, reporting, and investigation of harassment or bullying.

d. The consequences and appropriate remedial action for a person who violates the antiharassment and antibullying policy.


e. A procedure for reporting an act of harassment or bullying, including the identification by job title of the school official responsible for ensuring that the policy is implemented, and the identification of the person or persons responsible for receiving reports of harassment or bullying.

f. A procedure for the prompt investigation of complaints, identifying either the school superintendent or the superintendent’s designee as the individual responsible for conducting the investigation, including a statement that investigators will consider the totality of circumstances presented in determining whether conduct objectively constitutes harassment or bullying under this subrule.

g. A statement of the manner in which the policy will be publicized. The board shall integrate its policy into its comprehensive school improvement plan. The board shall develop and maintain a system to collect harassment and bullying incidence data, and report such data, on forms specified by the department, to the local community and to the department.

[12.3(14) is omitted]

281—12.5(256) Education program. The following education program standards shall be met by schools and school districts for accreditation with

the start of the 1989-1990 school year. 12.5(1) Prekindergarten program. 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. A prekindergarten teacher shall hold a license/certificate licensing/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.

12.5(2) Kindergarten program. 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/certificated to teach in kindergarten. An accredited nonpublic school must meet the requirements of this subrule only if the nonpublic school offers a kindergarten program.

12.5(3) Elementary program, grades 1-6. The following areas shall be taught in grades one through six: English-language arts, social studies, mathematics, science, health, human growth and development, physical education, traffic safety, music, and visual art. In implementing the elementary program standards, the following general curriculum definitions shall be used.

a. English-language arts. English-language arts instruction shall include the following communication processes: speaking; listening; reading; writing; viewing; and visual expression and nonverbal communication. Instruction shall incorporate language learning and creative, logical, and critical thinking. The following shall be taught: oral and written composition; communication processes and skills, including handwriting and spelling; literature; creative dramatics; and reading.

b. Social studies. Social studies instruction shall include citizenship education, history, and social sciences. Democratic beliefs and values, problem-solving skills, and social and political participation skills shall be incorporated. Instruction shall encompass geography, history of the United States and Iowa, and cultures of other peoples and nations. American citizenship, including the study of national, state, and local government; and the awareness of the physical, social, emotional and mental self shall be infused in the instructional program.

c. Mathematics. Mathematics instruction shall include number sense and numeration; concepts and computational skills with whole numbers, fractions, mixed numbers and decimals; estimation and mental arithmetic; geometry; measurement; statistics and probability; and patterns and relationships. This content shall be taught through an emphasis on mathematical problem solving, reasoning, and applications; language and symbolism to communicate mathematical ideas; and connections among mathematical topics and between mathematics and other disciplines. Calculators and computers shall be used in concept development and problem solving.

d. Science. Science instruction shall include life, earth, and physical science and shall incorporate hands-on process skills; scientific knowledge; application of the skills and knowledge to students and society; conservation of natural resources; and environmental awareness.

e. Health. Health instruction shall include personal health; food and nutrition; environmental health; safety and survival skills; consumer health; family life; substance abuse and nonuse, encompassing the effects of alcohol, tobacco, drugs, and poisons on the human body; human sexuality, self-esteem, stress management, and


interpersonal relationships; emotional and social health; health resources; and prevention and control of disease, and the characteristics of communicable diseases, including acquired immune deficiency syndrome.

f. Physical education. Physical education instruction shall include movement experiences and body mechanics; fitness activities; rhythmic activities; stunts and tumbling; simple games and relays; sports skills and activities; and water safety.

g. Traffic safety. Traffic safety instruction shall include pedestrian safety; bicycle safety; auto passenger safety; school bus passenger safety; seat belt use; substance education; and the application of legal responsibility and risk management to these concepts.

h. Music. Music instruction shall include skills, knowledge, and attitudes and shall include singing and playing music; listening to and using music; reading and writing music; recognizing the value of the world’s musical heritage; respecting individual musical aspirations and values; and preparing for consuming, performing, or composing.

i. Visual art. Visual art instruction shall include perceiving, comprehending, and evaluating the visual world; viewing and understanding the visual arts; developing and communicating imaginative and inventive ideas; and making art.

12.5(4) Junior high program, grades 7 and 8. The following shall be taught in grades 7 and 8: English-language arts, social studies, mathematics, science, health, human growth and development, physical education, music, visual art, family and consumer education, career education, and technology education. Instruction in the following areas shall include the contributions and perspectives of persons with disabilities, both men and women, and persons from diverse racial and ethnic groups, and shall be designed to eliminate career and employment stereotypes. In implementing the junior high program standards, the following general curriculum definitions shall be used.

a. English-language arts. Same definition as in 12.5(3)“a” with the exclusion of handwriting. b. Social studies. Social studies instruction shall include citizenship education, history and social sciences.

Democratic beliefs and values, problem-solving skills, and social and political participation skills shall be incorporated. Instruction shall encompass history, economics, geography, government including American citizenship, behavioral sciences, and the cultures of other peoples and nations. Strategies for continued development of positive self-perceptions shall be infused.

c. Mathematics. Mathematics instruction shall include number and number relationships including ratio, proportion, and percent; number systems and number theory; estimation and computation; geometry; measurement; statistics and probability; and algebraic concepts of variables, patterns, and functions. This content shall be taught through an emphasis on mathematical problem solving, reasoning, and applications; language and symbolism to communicate mathematical ideas; and connections among mathematical topics and between mathematics and other disciplines. Calculators and computers shall be used in concept development and problem solving.

d. Science. Same definition as in 12.5(3)“d.” e. Health. Health instruction shall include personal health; food and nutrition; environmental health; safety and

survival skills; consumer health; family life; substance abuse and nonuse, encompassing the effects of alcohol, tobacco, drugs, and poisons on the human body; human sexuality, self-esteem, stress management, and interpersonal relationships; emotional and social health; health resources; and prevention and control of disease and the characteristics of communicable diseases, including sexually transmitted diseases and acquired immune deficiency syndrome.

f. Physical education. Physical education shall include the physical fitness activities that increase cardiovascular endurance, muscular strength, and flexibility; sports and games; tumbling and gymnastics; rhythms and dance; water safety; leisure and lifetime activities.

g. Music. Same definition as in 12.5(3)“h” with the addition of using music as an avocation or vocation. h. Visual art. Same definition as in 12.5(3)“i” with the addition of using visual arts as an avocation or vocation. i. Family and consumer education. Family and consumer education instruction shall include the development of

positive self-concept, understanding personal growth and development and relationships with peers and family members in the home, school and community, including men, women, minorities and persons with disabilities. Subject matter emphasizes the home and family, including parenting, child development, textiles and clothing, consumer and resource management, foods and nutrition, housing, and family and individual health. This subrule shall not apply to nonpublic schools.

j. Career education. Career education instruction shall include exploration of employment opportunities, experiences in career decision making, and experiences to help students integrate work values and work skills into their lives. This subrule shall not apply to nonpublic schools. However, nonpublic schools shall comply with subrule 12.5(7).


k. Technology education. Technology education instruction shall include awareness of technology and its impact on society and the environment; furthering students’ career development by contributing to their scientific principles, technical information and skills to solve problems related to an advanced technological society; and orienting students to technologies which impact occupations in all six of the required service areas. The purpose of this instruction is to help students become technologically literate and become equipped with the necessary skills to cope with, live in, work in, and contribute to a highly technological society. This subrule shall not apply to nonpublic schools.

l. Secondary credit. (1) An individual pupil in a grade that precedes ninth grade may be allowed to take a course for secondary credit

if all of the following are true: 1. The pupil satisfactorily completes the course. 2. The course is taught by a teacher licensed by the Iowa board of educational examiners for grades 9-12 and

endorsed in the subject area. 3. The course meets all components listed in subrule 12.5(5) for the specific curricular area. 4. The board of the school district or the authorities in charge of the nonpublic school have developed

enrollment criteria that a student must meet to be enrolled in the course. (2) Neither school districts nor accredited nonpublic schools are mandated to offer secondary credit under this

paragraph. If credit is offered under this paragraph, the credit must apply toward graduation requirements of the district or accredited nonpublic school.

12.5(5) High school program, grades 9-12. In grades 9 through 12, a unit is a course or equivalent related components or partial units taught throughout the academic year as defined in subrule 12.5(14). The following shall be offered and taught as the minimum program: English-language arts, six units; social studies, five units; mathematics, six units as specified in 12.5(5)“c”; science, five units; health, one unit; physical education, one unit; fine arts, three units; foreign language, four units; and vocational education, 12 units as specified in 12.5(5)“i.” Beginning with the 2010-2011 school year graduating class, all students in schools and school districts shall satisfactorily complete at least four units of English-language arts, three units of mathematics, three units of science, three units of social studies, and one full unit of physical education as conditions of graduation. The three units of social studies may include the existing graduation requirements of one-half unit of United States government and one unit of United States history. In implementing the high school program standards, the following curriculum standards shall be used.

a. English-language arts (six units). English-language arts instruction shall include the following communication processes: speaking; listening; reading; writing; viewing; and visual expression and nonverbal communication. Instruction shall incorporate language learning and creative, logical, and critical thinking. The program shall encompass communication processes and skills; written composition; speech; debate; American, English, and world literature; creative dramatics; and journalism.

b. Social studies (five units). Social studies instruction shall include citizenship education, history, and the social sciences. Instruction shall encompass the history of the United States and the history and cultures of other peoples and nations including the analysis of persons, events, issues, and historical evidence reflecting time, change, and cause and effect. Instruction in United States government shall include an overview of American government through the study of the United States Constitution, the bill of rights, the federal system of government, and the structure and relationship between the national, state, county, and local governments; and voter education including instruction in statutes and procedures, voter registration requirements, the use of paper ballots and voting machines in the election process, and the method of acquiring and casting an absentee ballot. Students’ knowledge of the Constitution and the bill of rights shall be assessed. Economics shall include comparative and consumer studies in relation to the market and command economic systems. Geography shall include the earth’s physical and cultural features, their spatial arrangement and interrelationships, and the forces that affect them. Sociology, psychology, and anthropology shall include the scientific study of the individual and group behavior(s) reflecting the impact of these behaviors on persons, groups, society, and the major institutions in a society. Democratic beliefs and values, problem-solving skills, and social and political skills shall be incorporated. All students in grades nine through twelve must, as a condition of graduation, complete a minimum of one-half unit of United States government and one unit of United States history and receive instruction in the government of Iowa.

c. Mathematics (six units). Mathematics instruction shall include: (1) Four sequential units which are preparatory to postsecondary educational programs. These units shall

include strands in algebra, geometry, trigonometry, statistics, probability, and discrete mathematics. Mathematical concepts, operations, and applications shall be included for each of these strands. These strands shall be taught through an emphasis on mathematical problem solving, reasoning, and structure; language and symbolism to


communicate mathematical ideas; and connections among mathematical topics and between mathematics and other disciplines. Calculators and computers shall be used in concept development and problem solving.

(2) Two additional units shall be taught. These additional units may include mathematical content as identified in, but not limited to, paragraphs 12.5(3)“c,” 12.5(4)“c,” and 12.5(5)“c”(1). These units are to accommodate the locally identified needs of the students in the school or school district. This content shall be taught through an emphasis on mathematical problem solving, reasoning, and structure; language and symbolism to communicate mathematical ideas; and connections among mathematical topics and between mathematics and other disciplines. Calculators and computers shall be used in concept development and problem solving.

d. Science (five units). Science instruction shall include biological, earth, and physical science, including physics and chemistry. Full units of chemistry and physics shall be taught but may be offered in alternate years. All science instruction shall incorporate hands-on process skills; scientific knowledge; the application of the skills and knowledge to students and society; conservation of natural resources; and environmental awareness.

e. Health (one unit). Health instruction shall include personal health; food and nutrition; environmental health; safety and survival skills; consumer health; family life; human growth and development; substance abuse and nonuse; emotional and social health; health resources; and prevention and control of disease, including sexually transmitted diseases and acquired immune deficiency syndrome, current crucial health issues, human sexuality, self-esteem, stress management, and interpersonal relationships.

f. Physical education (one unit). Physical education shall include the physical fitness activities that increase cardiovascular endurance, muscular strength and flexibility; sports and games; tumbling and gymnastics; rhythms and dance; water safety; leisure and lifetime activities. All physically able students shall be required to participate in the program for a minimum of one-eighth unit during each semester they are enrolled except as otherwise provided in this paragraph. A twelfth-grade student may be excused from this requirement by the principal of the school in which the student is enrolled under one of the following circumstances:

(1) The student is enrolled in a cooperative, work-study, or other educational program authorized by the school which requires the student’s absence from the school premises during the school day.

(2) The student is enrolled in academic courses not otherwise available. (3) An organized and supervised athletic program which requires at least as much time of 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 student’s parent or guardian must request the excuse in writing. The principal shall inform the superintendent that the student has been excused.

g. Fine arts (three units). Fine arts instruction shall include at least two of the following: (1) Dance. Dance instruction shall encompass developing basic movement skills; elementary movement

concepts; study of dance forms and dance heritage; participating in dance; and evaluating dance as a creative art; and using dance as an avocation or vocation.

(2) Music. Music instruction shall include skills, knowledge, and attitudes and the singing and playing of music; listening to and using music; reading and writing music; recognizing the value of the world’s musical heritage; respecting individual musical aspirations and values; preparing for consuming, performing, or composing; and using music as an avocation or vocation.

(3) Theatre. Theatre instruction shall encompass developing the internal and external resources used in the theatre process; creating theatre through artistic collaboration; relating theatre to its social context; forming aesthetic judgments; and using theatre as an avocation or vocation.

(4) Visual art. Visual art instruction shall include developing concepts and values about natural and created environments; critiquing works of art; evaluating relationships between art and societies; analyzing, abstracting, and synthesizing visual forms to express ideas; making art; and using visual art as an avocation or vocation.

h. Foreign language (four units). The foreign language program shall be a four-unit sequence of uninterrupted study in at least one language. Foreign language instruction shall include listening comprehension appropriate to


the level of instruction; rateable oral proficiency; reading comprehension appropriate to the level of instruction; writing proficiency appropriate to the level of instruction and cultural awareness.

All high schools shall offer and teach the first two units of the sequence. The third and fourth units must be offered. However, the department of education may, on an annual basis, waive the third and fourth unit requirements upon the request of the board. The board must document that a licensed/certificated teacher was employed and assigned a schedule that would have allowed students to enroll, that the class was properly scheduled, that students were aware of the course offerings, and that no students enrolled.

i. Vocational education—school districts (three units each in at least four of the six service areas). A minimum of three sequential units, of which only one may be a core unit, shall be taught in four of the following six service areas: agricultural education, business and office education, health occupations education, home economics education, industrial education, and marketing education. The instruction shall be competency-based; shall provide a base of knowledge which will prepare students for entry level employment, additional on-the-job training, and postsecondary education within their chosen field; shall be articulated with postsecondary programs of study, including apprenticeship programs; shall reinforce basic academic skills; shall include the contributions and perspectives of persons with disabilities, both men and women, and persons from diverse racial and ethnic groups. Vocational core courses may be used in more than one vocational service area. Multioccupations may be used to complete a sequence in more than one vocational service area; however, a core course(s) and multioccupations cannot be used in the same sequence. If a district elects to use multioccupations to meet the requirements in more than one service area, documentation must be provided to indicate that a sufficient variety of quality training stations be available to allow students to develop occupational competencies. A district may apply for a waiver if an innovative plan for meeting the instructional requirement for the standard is submitted to and approved by the director of the department of education.

The instructional programs also shall comply with the provisions of Iowa Code chapter 258 relating to vocational education. Advisory committee/councils designed to assist vocational education planning and evaluation shall be composed of public members with emphasis on persons representing business, agriculture, industry, and labor. The membership of local advisory committees/councils will fairly represent each gender and minority residing in the school district. The accreditation status of a school district failing to comply with the provisions of this subrule shall be governed by 281—subrule 46.7(10), paragraph “g.”

(1) A service area is the broad category of instruction in the following occupational cluster areas (definitions are those used in these rules):

(2) “Agricultural education programs” prepare individuals for employment in agriculture-related occupations. Such programs encompass the study of applied sciences and business management principles, as they relate to agriculture. Agricultural education focuses on, but is not limited to, study in horticulture, forestry, conservation, natural resources, agricultural products and processing, production of food and fiber, aquaculture and other agricultural products, mechanics, sales and service, economics marketing, and leadership development.

(3) “Business and office education programs” prepare individuals for employment in varied occupations involving such activities as planning, organizing, directing, and controlling all business office systems and procedures. Instruction offered includes such activities as preparing, transcribing, systematizing, preserving communications; analyzing financial records; receiving and disbursing money; gathering, processing and distributing information; and performing other business and office duties.

(4) “Health occupations education programs” prepare individuals for employment in a variety of occupations concerned with providing care in the areas of wellness, prevention of disease, diagnosis, treatment, and rehabilitation. Instruction offered encompasses varied activities in such areas as dental science, medical science, diagnostic services, treatment therapy, patient care areas, rehabilitation services, record keeping, emergency care, and health education. Many occupations in this category require licensing or credentialing to practice, or to use a specific title.

(5) “Home economics education programs” encompass two categories of instructional programs: 1. “Consumer and family science” programs may be taught to prepare individuals for a multiple role of

homemaker and wage earner and may include such content areas as food and nutrition; consumer education; family living and parenthood; child development and guidance; family and individual health; housing and home management; and clothing and textiles.

2. “Home economics occupations programs” prepare individuals for paid employment in such home economics-related occupations as child care aide/assistant, food production management and services, and homemaker/home health aide.

(6) “Industrial education programs” encompass two categories of instructional programs—industrial technology and trade and industrial. Industrial technology means an applied discipline designed to promote technological literacy which provides knowledge and understanding of the impact of technology including its organizations,


techniques, tools, and skills to solve practical problems and extend human capabilities in areas such as construction, manufacturing, communication, transportation, power and energy. Trade and industrial programs prepare individuals for employment in such areas as protective services, construction trades, mechanics and repairers, precision production, transportation, and graphic communications. Instruction includes regular systematic classroom activities, followed by experiential learning with the most important processes, tools, machines, management ideas, and impacts of technology.

(7) “Marketing education programs” prepare individuals for marketing occupations, including merchandising and management—those activities which make products and services readily available to consumers and business. Instruction stresses the concept that marketing is the bridge between production (including the creation of services and ideas) and consumption. These activities are performed by retailers, wholesalers, and businesses providing services in for-profit and not-for-profit business firms.

(8) “Sequential unit” applies to an integrated offering, directly related to the educational and occupational skills preparation of individuals for jobs and preparation for postsecondary education. Sequential units provide a logical framework for the instruction offered in a related occupational area and do not require prerequisites for enrollment. A unit is defined in subrule 12.5(18).

(9) “Competency” is a learned student performance statement which can be accurately repeated and measured. Instruction is based on incumbent worker-validated statements of learner results (competencies) which clearly describe what skills the students will be able to demonstrate as a result of the instruction. Competencies function as the basis for building the instructional program to be offered. Teacher evaluation of students, based upon their ability to perform the competencies, is an integral part of a competency-based system.

(10) “Minimum competency lists” contain competencies validated by statewide technical committees, composed of representatives from appropriate businesses, industries, agriculture, and organized labor. These lists contain essential competencies which lead to entry level employment and are not intended to be the only competencies learned. Districts will choose one set of competencies per service area upon which to build their program or follow the process detailed in 281—subrule 46.7(2) to develop local competencies.

(11) “Clinical experience” involves direct instructor supervision in the actual workplace, so that the learner has the opportunity to apply theory and to perfect skills taught in the classroom and laboratory. “Field training” is an applied learning experience in a nonclassroom environment under the supervision of an instructor. “Lab training” is experimentation, practice or simulation by students under the supervision of an instructor. “On-the-job training” is a cooperative work experience planned and supervised by a teacher-coordinator and the supervisor in the employment setting.

(12) “Coring” is an instructional design whereby competencies common to two or more different vocational service areas are taught as one course offering. Courses shall be no longer than one unit of instruction. Course(s) may be placed wherever appropriate within the program offered. This offering may be acceptable as a unit or partial unit in more than one vocational program to meet the standard.

(13) “Articulation” is the process of mutually agreeing upon competencies and performance levels transferable between institutions and programs for advanced placement or credit in a vocational program. An articulation agreement is the written document which explains the decisions agreed upon and the process used by the institution to grant advanced placement or credit.

(14) “Multioccupational courses” combine on-the-job training in any of the occupational areas with the related classroom instruction. The instructor provides the related classroom instruction and coordinates the training with the employer at the work site. A multioccupational course may only be used to complete a sequence in more than one vocational service area if competencies from the appropriate set of minimum competencies are a part of the related instruction.

j. Vocational education/nonpublic schools (five units). A nonpublic school which provides an educational program that includes grades 9 through 12 shall offer and teach five units of occupational education subjects, which may include, but are not limited to, programs, services, and activities which prepare students for employment in business or office occupations, trade and industrial occupations, consumer and family sciences or home economics occupations, agricultural occupations, marketing occupations, and health occupations. By July 1, 1993, instruction shall be competency-based, articulated with postsecondary programs of study, and may include field, laboratory, or on-the-job training.

12.5(6) Exemption from physical education course, health course, physical activity requirement, or cardiopulmonary resuscitation course completion. A pupil shall not be required to enroll in a physical education course if the pupil’s parent or guardian files a written statement with the school principal that the course conflicts with the pupil’s religious beliefs. A pupil shall not be required to enroll in a health course if the pupil’s parent or guardian files a written statement with the school principal that the course conflicts with the pupil’s religious beliefs. A pupil shall not be required to meet the requirements of subrule 12.5(19) regarding physical activity if the pupil’s


parent or guardian files a written statement with the school principal that the requirement conflicts with the pupil’s religious beliefs. A pupil shall not be required to meet the requirements of subrule 12.5(20) regarding completion of a cardiopulmonary resuscitation course if the pupil’s parent or guardian files a written statement with the school principal that the completion of such a course conflicts with the pupil’s religious beliefs.

12.5(7) Career education. Each school or school district shall incorporate school-to-career educational programming into its comprehensive school improvement plan. Curricular and cocurricular teaching and learning experiences regarding career education shall be provided from the prekindergarten level through grade 12. Career education shall be incorporated into the total educational program and shall include, but is not limited to, awareness of self in relation to others and the needs of society; exploration of employment opportunities, at a minimum, within Iowa; experiences in personal decision making; experiences that help students connect work values into all aspects of their lives; and the development of employability skills. In the implementation of this subrule, the board shall comply with Iowa Code section 280.9.

12.5(8) Multicultural and gender fair approaches to the educational program. The board shall establish a policy to ensure that students are free from discriminatory practices in the educational program as required by Iowa Code section 256.11. In developing or revising the policy, parents, students, instructional and noninstructional staff, and community members shall be involved. Each school or school district shall incorporate multicultural and gender fair goals for the educational program into its comprehensive school improvement plan. Incorporation shall include the following:

a. Multicultural approaches to the educational program. These shall be defined as approaches which foster knowledge of, and respect and appreciation for, the historical and contemporary contributions of diverse cultural groups, including race, color, national origin, gender, disability, religion, creed, and socioeconomic background. The contributions and perspectives of Asian Americans, African Americans, Hispanic Americans, American Indians, European Americans, and persons with disabilities shall be included in the program.

b. Gender fair approaches to the educational program. These shall be defined as approaches which foster knowledge of, and respect and appreciation for, the historical and contemporary contributions of women and men to society. The program shall reflect the wide variety of roles open to both women and men and shall provide equal opportunity to both sexes.

12.5(9) Special education. The board of each school district shall provide special education programs and services for its resident children which comply with rules of the state board of education implementing Iowa Code chapters 256, 256B, 273, and 280.

12.5(10) Technology integration. Each school or school district shall incorporate into its comprehensive school improvement plan demonstrated use of technology to meet its student learning goals.

12.5(11) Global education. Each school or school district shall incorporate global education into its comprehensive school improvement plan as required by Iowa Code section 256.11. Global education shall be incorporated into all areas and levels of the educational program so students have the opportunity to acquire a realistic perspective on world issues, problems, and the relationship between an individual’s self-interest and the concerns of people elsewhere in the world.

12.5(12) Provisions for gifted and talented students. Each school district shall incorporate gifted and talented programming into its comprehensive school improvement plan as required by Iowa Code section 257.43. The comprehensive school improvement plan shall include the following gifted and talented program provisions: valid and systematic procedures, including multiple selection criteria for identifying gifted and talented students from the total student population; goals and performance measures; a qualitatively differentiated program to meet the students’ cognitive and affective needs; staffing provisions; an in-service design; a budget; and qualifications of personnel administering the program. Each school district shall review and evaluate its gifted and talented programming. This subrule does not apply to accredited nonpublic schools.

12.5(13) Provisions for at-risk students. Each school district shall include in its comprehensive school improvement plan the following provisions for meeting the needs of at-risk students: valid and systematic procedures and criteria to identify at-risk students throughout the school district’s school-age population, determination of appropriate ongoing educational strategies for alternative options education programs as required in Iowa Code section 280.19A, and review and evaluation of the effectiveness of provisions for at-risk students. This subrule does not apply to accredited nonpublic schools. Each school district using additional allowable growth for provisions for at-risk students shall incorporate educational program goals for at-risk students into its comprehensive school improvement plan. Provisions for at-risk students shall align with the student learning goals and content standards established by the school district or by school districts participating in a consortium. The comprehensive school improvement plan shall also include objectives, activities, cooperative arrangements with other service agencies and service groups, and strategies for parental involvement to meet the needs of at-risk


children. The incorporation of these requirements into a school district’s comprehensive school improvement plan shall serve as the annual application for additional allowable growth designated in Iowa Code section 257.38.

12.5(14) Unit. A unit is a course which meets one of the following criteria: it is taught for at least 200 minutes per week for 36 weeks; it is taught for the equivalent of 120 hours of instruction; it requires the demonstration of proficiency of formal competencies associated with the course according to the State Guidelines for Competency-Based Education or its successor organization; or it is an equated requirement as a part of an innovative program filed as prescribed in rule 281—12.9(256). A fractional unit shall be calculated in a manner consistent with this subrule. Unless the method of instruction is competency-based, multiple-section courses taught at the same time in a single classroom situation by one teacher do not meet this unit definition for the assignment of a unit of credit. However, the third and fourth years of a foreign language may be taught at the same time by one teacher in a single classroom situation each yielding a unit of credit.

12.5(15) Credit. A student shall receive a credit or a partial credit upon successful completion of a course which meets one of the criteria in subrule 12.5(14). The board may award high school credit to a student who demonstrates required competencies for a course or content area in accordance with assessment methods approved by the local board.

12.5(16) Subject offering. A subject shall be regarded as offered when the teacher of the subject has met the licensure and endorsement standards of the state board of educational examiners for that subject; instructional materials and facilities for that subject have been provided; and students have been informed, based on their aptitudes, interests, and abilities, about possible value of the subject. A subject shall be regarded as taught only when students are instructed in it in accordance with all applicable requirements outlined herein. Subjects which the law requires schools and school districts to offer and teach shall be made available during the school day as defined in subrules 12.1(8) to 12.1(10).

12.5(17) Twenty-first century learning skills. Twenty-first century learning skills include civic literacy, health literacy, technology literacy, financial literacy, and employability skills. Schools and school districts shall address the curricular needs of students in kindergarten through grade twelve in these areas. In doing so, schools and school districts shall apply to all curricular areas the universal constructs of critical thinking, complex communication, creativity, collaboration, flexibility and adaptability, and productivity and accountability.

a. Civic literacy. Components of civic literacy include rights and responsibilities of citizens; principles of democracy and republicanism; purpose and function of the three branches of government; local, state, and national government; inherent, expressed, and implied powers; strategies for effective political action; how law and public policy are established; how various political systems define rights and responsibilities of the individual; the role of the United States in current world affairs.

b. Health literacy. Components of health literacy include understanding and using basic health concepts to enhance personal, family and community health; establish and monitor health goals; effectively manage health risk situations and advocate for others; demonstrate a healthy lifestyle that benefits the individual and society.

c. Technology literacy. Components of technology literacy include creative thinking; development of innovative products and processes; support of personal learning and the learning of others; gathering, evaluating, and using information; use of appropriate tools and resources; conduct of research; project management; problem solving; informed decision making.

d. Financial literacy. Components of financial literacy include developing short- and long-term financial goals; understanding needs versus wants; spending plans and positive cash flow; informed and responsible decision making; repaying debt; risk management options; saving, investing, and asset building; understanding human, cultural, and societal issues; legal and ethical behavior.

e. Employability skills. Components of employability skills include different perspectives and cross-cultural understanding; adaptability and flexibility; ambiguity and change; leadership; integrity, ethical behavior, and social responsibility; initiative and self-direction; productivity and accountability.

12.5(18) Early intervention program. Each school district receiving early intervention program funds shall make provisions to meet the needs of kindergarten through grade 3 students. The intent of the early intervention program is to reduce class size, to achieve a higher level of student success in the basic skills, and to increase teacher-parent communication and accountability. Each school district shall develop a class size management strategy by September 15, 1999, to work toward, or to maintain, class sizes in basic skills instruction for kindergarten through grade 3 that are at the state goal of 17 students per teacher. Each school district shall incorporate into its comprehensive school improvement plan goals and activities for kindergarten through grade 3 students to achieve a higher level of success in the basic skills, especially reading. A school district shall, at a minimum, biannually inform parents of their individual child’s performance on the results of diagnostic assessments in kindergarten through grade 3. If intervention is appropriate, the school district shall inform the parents of the actions the school district


intends to take to improve the child’s reading skills and provide the parents with strategies to enable the parents to improve their child’s skills.

12.5(19) Physical activity requirement. Subject to the provisions of subrule 12.5(6), physically able pupils in kindergarten through grade 5 shall engage in physical activity for a minimum of 30 minutes each school day. Subject to the provisions of subrule 12.5(6), physically able pupils in grades 6 through 12 shall engage in physical activity for a minimum of 120 minutes per week in which there are at least five days of school.

a. This requirement may be met by pupils in grades 6 through 12 by participation in the following activities including, but not limited to:

(1) Interscholastic athletics sponsored by the Iowa High School Athletic Association or Iowa Girls High School Athletic Union;

(2) School-sponsored marching band, show choir, dance, drill, cheer, or similar activities; (3) Nonschool gymnastics, dance, team sports, individual sports; or (4) Similar endeavors that involve movement, manipulation, or exertion of the body. b. When the requirement is to be met in full or in part by a pupil using one or more nonschool activities, the

school or school district shall enter into a written agreement with the pupil. The agreement shall state the nature of the activity and the starting and ending dates of the activity and shall provide sufficient information about the duration of time of the activity each week. The agreement shall also be signed by the school principal or principal’s designee and by at least one parent or guardian of the pupil if the pupil is a minor. The pupil shall sign the agreement, regardless of the age of the pupil. The agreement shall be effective for no longer than one school year. There is no limit to the number of agreements that a school or school district may have with any one pupil during the enrollment of the pupil.

c. In no event may a school or school district reduce the regular instructional time, as defined by “unit” in subrule 12.5(14), for any pupil to enable the pupil to meet the physical activity requirement. However, this requirement may be met by physical education classes, activities at recess or during class time, and before- or after-school activities.

d. Schools and school districts must provide documentation that pupils are being provided with the support to complete the physical activity requirement. This documentation may be provided through printed schedules, district policies, student handbooks, and similar means.

12.5(20) Cardiopulmonary resuscitation course completion requirement. Subject to the provisions of subrule 12.5(6), at any time prior to the end of twelfth grade, every pupil physically able to do so shall have completed a psychomotor course that leads to certification in cardiopulmonary resuscitation. A school or school district administrator may waive this requirement for any pupil who is not physically able to complete the course. A course that leads to certification in CPR may be taught during the school day by either a school or school district employee or by a volunteer, as long as the person is certified to teach a course that leads to certification in CPR. In addition, a school or school district shall accept certification from any nationally recognized course in cardiopulmonary resuscitation as evidence that this requirement has been met by a pupil. A school or school district shall not accept auditing of a CPR course, nor a course in infant CPR only. This subrule is effective for the graduating class of 2011-2012.

281—12.7 (256,284,284A) Professional development. 12.7(1) Provisions for school district professional development. The following standards shall apply to staff

development for accredited schools and school districts. a. Provisions for district professional development plans. Each school district shall incorporate into its

comprehensive school improvement plan provisions for the professional development of all staff, including the district professional development plan required in 281—paragraph 83.6(2)“a.” To meet the professional needs of all staff, professional development activities shall align with district goals; shall be based on student and staff information; shall prepare all employees to work effectively with diverse learners and to implement multicultural, gender fair approaches to the educational program; and shall adhere to the professional development standards in 281—paragraph 83.6(2)”b” to realize increased student achievement, learning, and performance as set forth in the comprehensive school improvement plan.

b. Provisions for attendance center professional development plans. Each school district shall ensure that every attendance center has an attendance center professional development plan that addresses, at a minimum, the needs of the teachers in that center; the Iowa teaching standards; the district professional development plan; and the student achievement goals of the attendance center and the school district as set forth in the comprehensive school improvement plan.


c. Provisions for individual teacher professional development plans. Each school district shall ensure that every teacher as defined in rule 281—83.2(284,284A) has an individual teacher professional development plan that meets the expectations in 281—subrule 83.6(1).

d. Budget for staff development. The board shall annually budget specified funds to implement the plan required in paragraph 12.7(1)“a.”

281—41.115(256B,34CFR300) Continuum of alternative services and placements. 41.115(1) General. Each public agency must ensure that a continuum of alternative services and placements is

available to meet the needs of children with disabilities for special education and related services. 41.115(2) Requirements. The continuum required in subrule 41.115(1) must meet the following requirements: a. Include the alternative placements listed in the definition of special education under rule 281—

41.39(256B,34CFR300) (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and

b. Make provision for supplementary services, such as resource room or itinerant instruction, to be provided in conjunction with regular class placement.

281—41.116(256B,34CFR300) Placements. 41.116(1) General. In determining the educational placement of a child with a disability, including a preschool

child with a disability, each public agency must ensure the following: a. The placement decision shall be made: (1) By a group of persons, including the parents and other persons knowledgeable about the child, the meaning

of the evaluation data, and the placement options; and (2) In conformity with the LRE provisions of this chapter, including rules 281—41.114(256B,34CFR300) to 281—

41.118(256B,34CFR300); b. The child’s placement shall be: (1) Determined at least annually; (2) Based on the child’s IEP; and (3) Located as close as possible to the child’s home; c. Unless the IEP of a child with a disability requires some other arrangement, the child shall be educated in the

school that he or she would attend if nondisabled; d. In selecting the LRE, the agency shall consider any potential harmful effect on the child or on the quality of

services that he or she needs; and e. A child with a disability shall not be removed from education in age-appropriate regular classrooms solely

because of needed modifications in the general education curriculum. 41.116(2) Special rule: Iowa Code section 282.9. For eligible individuals subject to Iowa Code section 282.9,

any decision of educational setting for such eligible individuals shall be made in accordance with this rule. 41.116(3) Special rule: disciplinary placements. If a child is placed in an interim alternative educational setting

pursuant to rules 281—41.530(256B,34CFR300) and 281—41.531(256B,34CFR300), that setting shall be determined by the IEP team.

41.116(4) Special considerations. The team establishing the eligible individual’s placement must answer the following questions.

a. Questions concerning least restrictive environment. When developing an eligible individual’s IEP and placement, the team shall consider the following questions, as well as any other factor appropriate under the circumstances, regarding the provision of special education and related services:

(1) What accommodations, modifications and adaptations does the individual require to be successful in a general education environment?

(2) Why is it not possible for these accommodations, modifications and adaptations to be provided within the general education environment?

(3) What supports are needed to assist the teacher and other personnel in providing these accommodations, modifications and adaptations?

(4) How will receipt of special education services and activities in the general education environment impact this individual?

(5) How will provision of special education services and activities in the general education environment impact other students?

b. Additional questions concerning special school placement. When some or all of an eligible individual’s special education is to be provided in a special school, the individual’s IEP, or an associated or attached document, shall include specific answers to the following additional four questions:


(1) What are the reasons the eligible individual cannot be provided an education program in an integrated school setting?

(2) What supplementary aids and supports are needed to support the eligible individual in the special education program?

(3) Why is it not possible for these aids and supports to be provided in an integrated setting? (4) What is the continuum of placements and services available for the eligible individual? 41.116(5) Out-of-state placements. When special education and related services appropriate to an eligible

individual’s needs are not available within the state, or when appropriate special education and related services in an adjoining state are nearer than the appropriate special education and related services in Iowa, the director may certify an eligible individual for appropriate special education and related services outside the state in accordance with Iowa Code section 273.3 when it has been determined by the department that the special education and related services meet standards set forth in these rules.

41.116(6) Department approval for out-of-state placement. Contracts may be negotiated with out-of-state agencies, in accordance with Iowa Code section 273.3(5), with department approval. The department uses the following procedures to determine if an out-of-state agency meets the rules of the board:

a. When requested to determine an agency’s approval status, the department contacts the appropriate state education agency to determine if that state’s rules are comparable to those of the board and whether the specified out-of-state agency meets those rules.

b. If the appropriate state education agency’s rules are not comparable, the department will contact the out-of-state agency to ascertain if its special education complies with the rules of the board.

41.116(7) Trial placements. Prior to transfer from a special education program or service, an eligible individual may be provided a trial placement in the general education setting of not more than 45 school days. A trial placement shall be incorporated into this individual’s IEP.

281—41.202 (256B,34CFR300) Use of amounts. 41.202(1) General. Amounts provided to the AEA or LEA under Part B of the Act must be: a. Expended in accordance with the applicable provisions of Part B of the Act and this chapter; b. Used only to pay the excess costs of providing special education and related services to children with

disabilities, consistent with subrule 41.202(2); and c. Used to supplement state, local, and other federal funds, and not to supplant those funds. 41.202(2) Excess cost requirement. a. General. (1) The excess cost requirement prevents an AEA or LEA from using funds provided under Part B of the Act to pay

for all of the costs directly attributable to the education of a child with a disability, subject to 41.202(2)“a”(2). (2) The excess cost requirement does not prevent an AEA or LEA from using Part B funds to pay for all of the

costs directly attributable to the education of a child with a disability aged 3 to 5 or 18 to 20 if no local or state funds are available for nondisabled children of these ages. However, the AEA or LEA must comply with the nonsupplanting and other requirements of Part B of the Act and of this chapter in providing the education and services for these children.

b. Meeting excess cost requirement. (1) An AEA or LEA meets the excess cost requirement if it has spent at least a minimum average amount for the

education of its children with disabilities before funds under Part B of the Act are used. (2) The amount described in 41.202(2)”b”(1) is determined in accordance with the definition of excess costs in

rule 281—41.16(256B,34CFR300). That amount may not include capital outlay or debt service. c. Joint establishment of eligibility. If two or more AEAs or LEAs jointly establish eligibility in accordance with rule

281—41.223(256B,34CFR300), the minimum average amount is the average of the combined minimum average amounts determined in accordance with the definition of excess costs in rule 281—41.16(256B,34CFR300) in those agencies for elementary or secondary school students, as the case may be.

281—41.210(256B,34CFR300) Purchase of instructional materials. 41.210(1) General. An AEA, an LEA, or any other public agency, when purchasing print instructional materials,

must acquire those instructional materials for children who are blind or for other persons with print disabilities in a manner consistent with subrule 41.210(3) and ensure delivery of those materials in a timely manner to those children.

41.210(2) Rights and responsibilities of AEA or LEA. Nothing in this rule relieves the LEA or AEA or any other public agency of its responsibility to ensure that children with disabilities who need instructional materials in accessible formats, but who are not included under the definition of blind persons or other persons with print


disabilities in 41.210(4)“a” or who need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner, as defined in 41.172(1)“b.”

41.210(3) Preparation and delivery of files. Because the state chooses to coordinate with the NIMAC, an AEA, an LEA, or any other public agency must:

a. As part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, enter into a written contract with the publisher of the print instructional materials to:

(1) Require the publisher to prepare and, on or before delivery of the print instructional materials, provide to NIMAC electronic files containing the contents of the print instructional materials using the NIMAS; or

(2) Purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats. b. Provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

41.210(4) Definitions. The following definitions apply to this rule and rule 281— 41.172(256B,34CFR300), and apply to each state and LEA, regardless of whether the state or LEA chooses to coordinate with the NIMAC:

a. “Blind persons or other persons with print disabilities” means children served under this chapter who may qualify to receive books and other publications produced in specialized formats in accordance with 2 U.S.C. 135a and 36 CFR 701.6. Persons who may receive material in specialized formats include persons who are blind, who have visual disabilities, have certain physical disabilities, or who have reading disabilities resulting from organic dysfunction, as those terms are defined in 36 CFR 701.6(b)(1), and who have obtained certification from a “competent authority,” as defined in 36 CFR 701.6(b)(2).

b. “National Instructional Materials Access Center” or “NIMAC” means the center established pursuant to Section 674(e) of the Act.

c. “National Instructional Materials Accessibility Standard” or “NIMAS” has the meaning given the term in Section 674(e)(3)(B) of the Act.

d. “Print instructional materials” has the meaning given the term in Section 674(e)(3)(C) of the Act. e. “Specialized formats” has the meaning given the term in Section 674(e)(3)(D) of the Act.

281—83.6(284) Professional development for teachers. 83.6(1) Professional development for school districts, area education agencies, and attendance centers. The

following requirements shall apply to professional development for school districts, area education agencies, and attendance centers.

a. Professional learning standards. Professional learning within an area education agency or local district shall be aligned with the state standards for teaching and learning and aligned to the following standards for professional development. Professional learning increases educator effectiveness and results for all students when it:

(1) Occurs within learning communities committed to continuous improvement, collective responsibility, and goal alignment.

(2) Requires skillful leaders to develop capacity, advocate, and create support systems for professional learning. (3) Prioritizes, monitors, and coordinates resources for educator learning. (4) Uses a variety of sources and types of student, educator, and system data to plan, assess, and evaluate

effectiveness of instruction. (5) Integrates theories, research, and models of human learning to achieve intended outcomes. (6) Applies research on change and sustains support for implementation of professional learning for long-term

change. (7) Aligns its outcomes with educator performance and student curriculum standards. b. District or area education agency professional development plan. Each school district shall incorporate the

district professional development plan into its comprehensive school improvement plan pursuant to Iowa Code subsection 284.6(3). Each area education agency shall develop a professional development plan for the agency as a whole and shall incorporate the plan into its comprehensive improvement plan pursuant to rule 281—72.9(273). The district or area education agency professional development plan shall be a long-term plan designed and implemented to increase student achievement and shall include all on-site and district or area education agency personnel responsible for instruction. The district or area education agency professional development plan shall contain, but not be limited to, the following:

(1) Implementation of a school district’s or area education agency’s plan for professional learning. (2) Documentation that the professional development is based on student data, aligned with district or

attendance center student achievement goals, and focused on instruction, curriculum, and assessment. (3) The study and implementation of research-based instructional strategies that improve teaching and learning. (4) Collaborative inquiry into the area of greatest student learning need.


(5) Research-based training strategies(e.g., theory, demonstration, observation, practice, coaching, reflection, evaluation) that promote transfer and positive outcomes as needed for learning new practices.

(6) Allocation of time to collectively study content, instruction, and impact so necessary adjustments can be made to ensure student success.

(7) Accountability and an evaluation that documents improvement of practice and the impact on student learning.

c. Attendance center professional development plans. Each attendance center within a school district shall develop an attendance center professional development plan as a means of promoting group professional development. An attendance center professional development plan shall further the needs of personnel responsible for instruction in the attendance center and shall enhance the student achievement goals of the attendance center and the goals of the district.

d. Individual professional development plans. The school district and area education agency shall support the development and implementation of the individual teacher professional development plan for each teacher as outlined in subrule 83.6(2). Each individual teacher professional development plan shall align to the fullest extent possible with the district professional development plan.

e. Beginning teacher mentoring and induction. A school district shall develop and implement a beginning teacher mentoring and induction plan as outlined in subrule 83.3(1) or a framework for beginning teachers as outlined in subrule 83.3(2). The district’s beginning teacher mentoring and induction plan or framework for beginning teachers shall align with the district professional development plan described in paragraph 83.6(1)“b.” An area education agency shall develop and implement a beginning teacher mentoring and induction plan as outlined in subrule 83.3(1), which shall align with the area education agency’s professional development plan described in paragraph 83.6(1)“b.”

f. Organizational support for professional development. The school district shall provide resources and support for the district professional development plan, including opportunities for professional development, time for collaborative work of staff, budgetary support, and policies and procedures that reflect the district’s commitment to professional development.

83.6(2) Individual teacher professional development plan. Each school district and area education agency shall support the development and implementation of individual teachers’ professional development plans for teachers other than beginning teachers. The purpose of the individual plan is to promote individual and collective professional development. At a minimum, the goals for an individual teacher professional development plan must be based on the needs of the teacher and on the relevant Iowa teaching standards that support the student achievement goals of the teacher’s classroom or classrooms, attendance center and school district or area education agency, as appropriate, as outlined in the comprehensive school improvement plan. The goals shall go beyond those required under the attendance center professional development plan described in paragraph 83.6(1)“c.” The learning opportunities provided to meet the goals of the individual teacher plan include individual study and collaborative study of district-determined or area education agency-determined content to the extent possible. The individual plan shall be developed by the teacher in collaboration with the teacher’s evaluator. An annual meeting shall be held between the teacher’s evaluator and the teacher to review the goals and refine the plan.

83.6(3) Professional development provider requirements. a. A provider may be a school district; an area education agency; a higher education institution; a public or

private entity including a professional organization that provides long-term, ongoing support for the district’s or area education agency’s professional development plan; or a consortium of any of the foregoing. An educational organization or program with specific professional development accreditation or approval from the department is an approved provider.

b. Providers that are not currently accredited or approved through state accreditation procedures must follow approval procedures identified in the district’s or area education agency’s professional development plan. The potential provider must submit to the school district or area education agency a written application that provides the following documentation:

(1) How the provider will deliver technical assistance that meets the Iowa professional development standards provided in paragraph 83.6(1)“a.”

(2) How the provider intends to assist the local district or area education agency in designing, implementing, and evaluating professional development that meets the requirements established in paragraph 83.6(1)“b.”

(3) A description of the qualifications of the provider. (4) Evidence of the provider’s expertise in professional development. (5) A budget. (6) Procedures for evaluating the effectiveness of the technical assistance delivered by the provider.


281—83.12 (284A) Professional development of administrators. 83.12(1) Responsibility of district. Each school district shall be responsible for the provision of professional

growth programming for individuals employed in a school district administrative position by the school district or area education agency as deemed appropriate by the board of directors of the school district or area education agency. School districts may collaborate with other educational stakeholders, including other school districts, area education agencies, professional organizations, higher education institutions, and private providers, regarding the provision of professional development for school district administrators. Professional development programming for school district administrators may include support that meets the individual administrator’s professional development needs as aligned to the Iowa standards for school administrators adopted pursuant to 2007 Iowa Code Supplement section 256.7(27), and that meets individual administrator professional development plans.

83.12(2) Individual plans. In cooperation with the administrator’s evaluator, an administrator who has a standard administrator’s license issued by the board of educational examiners pursuant to Iowa Code chapter 272 and is employed by a school district or area education agency in a school district administrative position shall develop an individual administrator professional development plan. The purpose of the plan is to promote individual and group professional development. The individual plan shall be based, at a minimum, on the needs of the administrator. The individual plan shall be aligned, as appropriate, to the Iowa standards for school administrators adopted pursuant to 2007 Iowa Code Supplement section 256.7(27), and the student achievement goals of the attendance center and the school district as set forth in the comprehensive school improvement plan.

83.12(3) Role of evaluator. The administrator’s evaluator shall meet annually as provided in Iowa Code section 279.23A with the administrator to review progress in meeting the goals in the administrator’s individual professional development plan. The purpose of the meeting shall be to review collaborative work with other staff on student achievement goals and to modify as necessary the administrator’s individual professional development plan to reflect the individual administrator’s and the school district’s needs and the administrator’s progress in meeting the goals in the plan. The administrator shall provide evidence of progress toward meeting the goals. Modifications to the plan may be made jointly by the administrator and the administrator’s supervisor, or the supervisor may adjust the plan. Any changes in the plan made unilaterally by a supervisor must be clearly documented for the administrator. These rules are intended to implement Iowa Code chapters 284 and 284A as amended by 2007 Iowa Acts, chapter 108.

281—95.4(256) Duties of boards of directors. Each board of directors shall adopt policy statements and develop plans for implementation of equal

employment opportunity standards and affirmative action programs. 95.4(1) Policy statements. Each board of directors shall adopt policy statements outlining its commitment to the

principles of equal employment opportunity and affirmative action. These policy statements shall prescribe procedures for employees and applicants for employment to redress complaints of discrimination.

95.4(2) Written plans. Each board of directors shall prepare and implement written equal employment opportunity and affirmative action plans by July 1, 1990. The plans shall be evaluated and updated on a biennial basis.

95.4(3) Assignment of responsibility. Each board of directors shall assign to an employee the responsibility for coordinating the development and ongoing implementation of the plans. This employee may be the same employee who has been assigned to coordinate the agency’s efforts to comply with federal laws requiring nondiscrimination in educational programs and employment.

95.4(4) Input. Each board of directors shall obtain systematic input from diverse racial/ethnic groups, women, men and persons with disabilities into the development and implementation of the plans. School districts may use existing advisory committees or public hearing procedures developed to receive similar input regarding the development and implementation of multicultural, nonsexist education plans.

95.4(5) Staff development. Each board of directors shall provide periodic training for all staff who hire or supervise personnel on the principles of equal employment opportunity and the implementation of its affirmative action plan.

95.4(6) Record keeping. Each board of directors shall keep the necessary records to document its affirmative action progress. Employment data shall be reported to the department of education by racial/ethnic category, gender and disability. This report shall be part of the department of education’s basic educational data collection system.


281—103.6 (256B,280) Physical confinement and detention. If a student is physically confined and detained in a portion of a school facility, the following conditions shall be

observed. For the purposes of this chapter, “physical confinement and detention” means the confinement of a student in a time-out room or some other enclosure, whether within or outside the classroom, from which the student’s egress is restricted.

1. The area of confinement and detention shall be of reasonable dimensions, and shall be free from hazards and dangerous objects or instruments, considering the age, size, and physical and mental condition of the student subject to confinement and detention;

2. There shall be sufficient light and adequate ventilation for human habitation; 3. A comfortable temperature shall be maintained, consistent with the facility that includes the confinement and

detention area; 4. Reasonable break periods shall be afforded the student to attend to bodily needs. However, sleep shall not be

considered a “bodily need” for purposes of this subrule; 5. The period of detention and confinement is reasonable, considering the age, size, and physical and mental

condition of the student subject to confinement and detention, and not in excess of the hours in a school day as defined by local board policy or rule; however, reasonable periods of before- and after-school detention are permissible. If a period of physical confinement and detention exceeds the shorter of 60 minutes or the school’s typical class period, staff members shall evaluate the continued need for physical confinement and detention, shall obtain administrator (or designee) approval for any continued confinement and detention, and shall comply with any administrator (or designee) directives concerning any continued confinement and detention;

6. Adequate and continuous adult supervision is provided; 7. Material restraints applied to the person are not used to effect confinement; 8. If a room or enclosure used for physical confinement and detention has a locking mechanism, such room and

mechanism shall comply with all applicable building code requirements and the following additional requirements: ● If a locking mechanism is used, it shall be constructed so it will engage only when a handle, knob, or other

device is held in position by a person, unless the mechanism is electrically or electronically controlled and automatically releases when the building’s fire alarm system is activated, the building’s severe weather warning system is activated, or electrical power to the mechanism is interrupted.

● When the locking mechanism is released, the door must be able to be readily opened from the inside. ● If a locking mechanism requires a handle, knob, or other device to be held in position by a person before the

mechanism is engaged, no person shall take any action, or cause such action to be taken, or employ any object, device, or instrument, or cause such to be employed, that disables the handle, knob, or other device such that the locking mechanism engages or remains engaged without the handle, knob, or other device being held in position by a person.

289—6.5 (257) Budgets. 6.5(1) Generally accepted accounting principles. All school districts and AEAs shall budget on the GAAP basis of

budgeting as defined by GASB and as implemented in Uniform Financial Accounting for Iowa LEAs and AEAs (UFA). School districts and area education agencies shall use the chart of accounts defined in Uniform Financial Accounting for Iowa LEAs and AEAs (UFA).

6.5(2) Accounting and reporting. School districts and AEAs shall maintain financial records and prepare financial reports, including the certified annual report, in the manner and by the procedures prescribed by the department of education or department of management in the Uniform Financial Accounting for Iowa LEAs and AEAs (UFA) manual and GAAP. School districts and AEAs shall use the chart of accounts defined in Uniform Financial Accounting for Iowa LEAs and AEAs (UFA).

6.5(3) Negative unspent balances (exceeding authorized budgets). If the school district has incurred a negative unspent balance, it shall notify the SBRC no later than October 15 and begin developing its corrective action plan to avoid future negative unspent balances.

a. A listing of the unspent balance as well as the unexpended fund balance of each school district for each fiscal year shall be reviewed by the committee. The unspent balance and the unexpended fund balance shall be presented on the GAAP basis.

b. The amount of any negative unspent balance shall be automatically subtracted from the authorized budget of a given school district during the subsequent fiscal year.

c. The state board of education may be notified of the school districts with negative unspent balances each year. The notification shall include the amount by which the school district exceeded its authorized budget.

d. The board president of each school district with a negative unspent balance shall be notified of the amount by which the school district exceeded its authorized budget. The school districts shall inform the SBRC at the SBRC’s


next regularly scheduled session of the plans that are being implemented to avoid future negative unspent balances.

e. The SBRC may require the district to continue to report progress on the district’s plans at regular intervals as determined by the committee until the committee is satisfied that the district’s financial condition concerns have been resolved.


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Bailly, E. (2017, January). ). Independent auditor’s report. In M. Tangen (Ed.), Comprehensive annual financial report: For the year ended June 30, 2016 (pp. 27-172). Retrieved from the Iowa Auditor of State website: https://www.auditor.iowa.gov/reports/file/21630/embed

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Bohnsack & Frommelt, LLP. (2019, January). Independent auditor’s report. In C. Wood (Ed.), Comprehensive annual financial report: For the year ended June 30, 2018 (pp. 31-176). Retrieved from the Iowa Auditor of State website: https://www.auditor.iowa.gov/reports/file/56090/embed

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Gregory S., Allison, G. S., Honegger, S. D., Johnson, F., & Hoffman, L. (2009, June). Financial accounting for local and state school systems: 2009 edition. Retrieved from Iowa Department of Education website: https://educateiowa.gov/sites/files/ed/documents/0910_sfin_finance_handbook_2009.pdf

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Iowa State Board of Education. (2018, November 14). Davenport Community School District compliance update [Report]. Retrieved from the Iowa Department of Education website: https://educateiowa.gov/sites/files/ed/documents/2018-11-14%20Davenport%20Compliance%20Update.pdf

Iowa State Board of Education. (2019, January 16). Davenport Community School District compliance update [Report]. Retrieved from the Iowa Department of Education website: https://educateiowa.gov/sites/files/ed/documents/2019-01-14%20Davenport.pdf

Klipsch, J. (n.d.). Principal’s corner. Retrieved from Mid City High School website: http://www.davenportschools.org/midcity/principals-corner/

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12/learner-supports/anti-bullyinganti-harassment Iowa Department of Education. (2019). Bullying checklist: District. Retrieved from

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Equity Iowa Department of Education. (2007). Summary of equal employment opportunity/affirmative action requirements

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Iowa Department of Education. (2015, August). Guidance for nondiscrimination notices. Retrieved from https://www.educateiowa.gov/sites/files/ed/documents/2015-2016%20Guidance%20for%20Nondiscrimination%20Notices.pdf

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ESSA Iowa Department of Education. (2019). ESSA guidance and allocations. Retrieved from https://educateiowa.gov/pk-

12/every-student-succeeds-act/essa-guidance-and-allocations Iowa Department of Education. (2019). ESSA support site. Retrieved from

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Finance Financial Management of Categorical Funding, 281 IAC 98 (2009). Retrieved from Iowa Legislature website:

https://www.legis.iowa.gov/docs/iac/chapter/05-30-2012.281.98.pdf Government Finance Officers Association. (2015, September). Fund balance guidelines for the general fund.

Retrieved from https://www.gfoa.org/fund-balance-guidelines-general-fund Iowa Association of School Boards. (n.d.). Services. Retrieved from https://www.ia-

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https://www.educateiowa.gov/pk-12/school-business-finance/accounting-reporting/uniform-financial-accounting

https://www.educateiowa.gov/pk-12/school-business-finance/accounting-reporting/uniform-financial-accounting


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