SAI Annual
Conference 2013
Matt Carver, J.D., Legal Services Director
tel - 515.267.1115
fax - 515.267.1066
4/6/2015
1
Education Reform – HF 215 (Divisions I & II)

In future years, the terminology “Allowable Growth” is
changed to “Supplemental State Aid” – the amount
state cost per pupil and district cost per pupil will increase
from one budget year to the next.

The term was changed because supplemental state aid is
entirely state funding, with no property tax impact.

FY 2014 – 2% increase ($120 per student), plus 2% one-time
“School District Funding Supplement” ($120 per student)

FY 2015 – 4% increase ($245 per student)
4/6/2015
2
Education Reform – HF 215 (Divisions I & II)

“Categorical State Percent of Growth” – used to
calculate the supplemental state aid increase for teacher
salary supplement, the professional supplement, and
the early intervention supplement.

FY 2014 – 2% increase

FY 2015 – 4% increase

Finally, the additional levy amount freezes at 12.5%
(FY 2013 level)
4/6/2015
3
Education Reform – HF 215 (Divisions III)

Iowa Learning Online (ILO)

The DE received $1.5 million for each FY14, FY15, and FY16
to expand ILO.

Districts and accredited nonpublic schools will have
access to an increased curriculum of Iowa Corealigned online courses.

ILO will be able to expand offerings to include all “offer
and teach” curriculum requirements for grades 9-12.
4/6/2015
4
Education Reform – HF 215 (Divisions IV)

Training and Employment of Teachers

The Teach Iowa online job posting system launched
this month.

All public school districts, charter schools, and AEAs will be
required to post ALL job openings, including
certified and classified staff, on the system. Accredited
nonpublic may participate.

Districts may still use other forms of advertising or
posting as well.

The DE will NOT have regulatory authority in the hiring
process.
4/6/2015
5
Education Reform – HF 215 (Divisions IV)

Training and Employment of Teachers

Teach Iowa Student Teaching Pilot Project

The pilot project will provide students in the participating
teacher preparation program with a one-year student teaching
experience.
4/6/2015
6
Education Reform – HF 215 (Divisions IV)

Training and Employment of Teachers

Teach Iowa Scholar Program

Criteria for eligibility includes, but is not limited to:

1) The applicant is in the top 25 percent academically of
students exiting a practitioner preparation program

2) The applicant is preparing to teach in fields including,
but not limited to, science, technology, engineering, or
mathematics (STEM); English as a second language or special
education, or some other hard-to-staff area, as identified by
the DE. (the DE will consider regional needs across the state).
4/6/2015
7
Education Reform – HF 215 (Divisions IV)

Training and Employment of Teachers

Teach Iowa Scholar Program (cont.)

If selected for a Teach Iowa Scholar Grant, recipients shall
receive $4,000 per year, up to five years ($20,000) if
employed full-time in an Iowa school district, AEA,
charter school, or accredited nonpublic school.

No money is available for the 2013-14 school year!
4/6/2015
8
Education Reform – HF 215 (Divisions V)

Student Assessments –

Lays groundwork for new assessment system for public
and accredited nonpublic school students.

A task force of education stakeholders will be
formed to study the state’s assessment needs.

The task force is to make recommendations by January 1, 2015,
with implementation by 2016-17

The new assessment must align to the Iowa Core
and provide fair measures of progress toward
college or career readiness.
4/6/2015
9
Education Reform – HF 215 (Division VI)

Council on Educator Development (Evaluations)

This 17 member council is established to study and make
recommendations for new statewide teacher and
administrator evaluation systems.

The council will review the current evaluation
systems, as well as a number of other components,
such as:

1) Iowa Teaching Standards

2) Iowa Standards for School Administrators
4/6/2015
10
Education Reform – HF 215 (Division VI)

Council on Educator Development (Evaluations)

The council’s recommendations shall consider
numerous factors, such as:
“fair and balanced” use of student outcome
measures
 1)

2) multiple indicators that demonstrate professional practice
 3)

student and parent surveys
The council’s findings and recommendations are due
NLT January 1, 2016.
4/6/2015
11
Education Reform – HF 215 (Division VII)

Iowa Teacher Career and Compensation Matters

Division VII establishes a statewide teacher leadership system.

For the 2013-14 school year, $3.5 million in grant money is
appropriated for planning to facilitate a local decisionmaking process to design a teacher leadership system.

Planning should include administrators, teachers,
parents/guardians of students.

The DE’s intent is that all school districts applying for a
planning grant will receive money.
DON’T PASS UP THIS OPPORTUNITY!!! Planning
money is ONLY available in 2013-14!
4/6/2015

12
Education Reform – HF 215 (Division VII)

Iowa Teacher Career and Compensation Matters

Districts will submit their plans to the Commission on Educator
Leadership and Compensation for approval.

The state’s future contribution to teacher leadership and
compensation includes(estimated at $310 per student):

2014-15 - $50 million (1/3 of statewide enrollment)
2015-16 - $100 million (2/3 of statewide enrollment)
2016-17 - $150 million (entire statewide enrollment)




When the program is fully implemented, the state’s contribution
will be $150 million per year, PLUS AN ANNUAL GROWTH
FACTOR.
Participation IS OPTIONAL!
4/6/2015
13
Education Reform – HF 215 (Division VII)

Iowa Teacher Career and Compensation Matters

Teacher Leadership funding may be used:

1) to raise the minimum salary in a district to $33,500
2) to fund the salary supplements for teachers in leadership
roles
3) to cover costs for time teachers in leadership roles are not
providing direct instruction in the classroom
4) to cover the costs when teachers are out of the classroom to
observe or co-teach with another teacher
5) to provide professional development related to the
leadership pathways, and,
6) to cover other costs associated with the approved teacher
leadership and compensation plan.





4/6/2015
14
Education Reform – HF 215 (Division VII)

Iowa Teacher Career and Compensation Matters

Three options are available for developing a teacher leadership
and compensation plan:

Option 1 – Iowa Teacher Career Paths, Leadership
Roles, and Compensation Framework (Iowa Code §
284.15)

This option:

1) creates model, mentor, and lead teacher roles
2) establishes requirements for percentage of teachers
in each role, the amount of the salary supplement for
teachers in each role, and the percentage of time teachers
will spend on additional leadership duties.
15
4/6/2015

Education Reform – HF 215 (Division VII)

Iowa Teacher Career and Compensation Matters

Option 2 – Instructional Coach Model (Iowa Code §
284.16)

1) The Instructional Coach Model includes three leadership
pathways: model teacher, instructional coach, and
curriculum and professional development leader.

2) Each pathway has detailed responsibilities, as well as salary
supplement ranges and additional contract days.
4/6/2015
16
Education Reform – HF 215 (Division VII)

Iowa Teacher Career and Compensation Matters

Option 3 – Comparable Plan Model (Iowa Code §
284.17)

This plan includes five “must have” components:

1) A minimum salary of $33,500 for all full-time teachers

2) Increased support for new teachers, such as
additional coaching, mentoring, and opportunities for
observing excellent instructional practice
4/6/2015
17
Education Reform – HF 215 (Division VII)

Iowa Teacher Career and Compensation Matters

Option 3 – Comparable Plan Model (Iowa Code §
284.17)

3) Differentiated, multiple teacher leadership roles
beyond the initial and career teacher levels, in which a goal of
AT LEAST 25 percent of the teacher workforce
serves with additional days and compensation commensurate
with the role

4) A rigorous selection process for placement and
retention in leadership roles

5) A professional development system facilitated by teachers
and administrators and aligned with the Iowa Professional
Development Model.
4/6/2015
18
Education Reform – HF 215 (Division VII)

Attendance Center Performance Rankings

The DE will submit findings and a report by July 1,
2014, to develop criteria and a process to report the
performance of each school in Iowa.

Criteria shall include, but not be limited to: student academic
growth, parent involvement, student attendance, employee
turnover, and community activities and involvement.

There will be six categories: 1) exceptional, 2) high
performing, 3) commendable, 4) acceptable, 5) needs
improvement, and 6) priority.

The DE will post performance rankings on its website.
4/6/2015
19
Education Reform – HF 215 (Division VIII)

Competency-Based Education Task Force

Up to ten districts will annually receive grants from
the DE to develop, implement, and evaluate
competency based pilot and demonstration projects

The Competency-Based Education Task Force will:

1) draft a strategic plan, and,

2) a proposed timeline for statewide implementation
of competency-based learning

for consideration by the Legislature.
4/6/2015
20
Education Reform – HF 215 (Division XIV)

School District Reporting Requirement Task Force

A task force is established to review school district
reporting requirements.

The Director of the DE will appoint five members to serve on
this task force.

The task force will compile its written justifications in a report
to the State Board of Education and the Legislature by
December 2, 2013.
4/6/2015
21
Education Budget Bill – HF 604

Successful Progression for Early Readers

Appropriates $8 million to enact section 279.68(2)
regarding early literacy programs. Funds are for schools
to establish and implement the following components:

1) Provision of intensive instructional services to students
identified as having a substantial deficiency in reading.

2) Regular reporting to parents of the academic progress of
students with substantial deficiencies.

3) Support for parents in planning and implementing an
in-home parent-guided reading program through a parentschool contract.
4/6/2015
22
Education Budget Bill – HF 604

Successful Progression for Early Readers

4) A reading enhancement and acceleration enhancement
initiative.

5) Offer an intensive summer literacy program each summer,
beginning in 2017.

6) Report to the DE on specific reading interventions and
supports implemented in schools.
4/6/2015
23
Compulsory Attendance Age – HF 351

Compulsory attendance age lowered to 4 year olds

This provision establishes that a child who is at least 4
years old by September 15 AND is enrolled in in
statewide voluntary preschool is of compulsory
attendance age.

However. . .

a parent or guardian may make a written request to
remove the student from school and the child will no
longer be considered of compulsory attendance age.
4/6/2015
24
Vision Screening – SF 419

The parent/guardian shall ensure vision screening
occurs prior to a child’s enrollment in kindergarten
and again prior to enrollment in third grade.

The vision screening may be performed by a variety
of medical professionals, OR

by the student’s parent/guardian by way of an online
examination.

Vision screening methods shall be approved by the
DE.
4/6/2015
25
Vision Screening – SF 419

However. . .

a student shall not be denied enrollment due to the
lack of a vision screening, AND,

a family may opt out due to genuine and sincere
religious beliefs
4/6/2015
26
Vision Screening – SF 419

School’s responsibility:

1) Provide parents/guardians with vision screening
referral resources.

2) Compile evidence of vision screenings to be
forwarded to the DE.

Starting NEXT YEAR (2014-15!!!)
4/6/2015
27
Suicide Prevention and Trauma Care– SF 446

Requires the DE, DHS, and the Department of Public
Health to develop training recommendations for
suicide prevention and awareness and trauma
informed care for licensed school personnel by
December 15, 2013.
4/6/2015
28
School Employee Background Checks – SF
452

Creates new code section 279.69 (background checks)

Requires ALL district employees, whether classified,
certified, part-time, substitute, or contracted, to
undergo review of the three main abuse registries, just as you
were required to do for bus drivers last year.

Districts may perform additional checks, but must review, at a
minimum the sex offender, adult dependent abuse, and child
abuse registries, as well as online court information, for each
employee.
4/6/2015
29
School Employee Background Checks – SF
452

Check is required every five years, and districts must maintain
records.

Districts are required to complete checks for all
employees by July 1, 2014.

If an applicant or employee is on any of the registries, this
constitutes grounds for immediate suspension, and
subsequent termination.

Termination hearings conducted pursuant to this section are
limited to whether the employee was incorrectly listed on the
registry.
4/6/2015
30
Construction Contract Terms – HF 211

Makes provisions of an in-state construction
contract void and unenforceable if it:

1) Makes the in-state construction contract subject
to the laws of another state.

2) Requires any litigation, mediation, arbitration, or
other dispute resolution proceeding arising from the
contract to be conducted in another state.
4/6/2015
31
Operational Sharing Incentives– HF 472 & SF 452







Extends supplemental weighting for shared
operational functions another five years (2013-2014
to 2018-2019).
Shared operational functions that originally
qualified:
1) Superintendent Management
2) Business Management
3) Human Resources Management
4) Transportation Management
5) Operations and Maintenance Management
4/6/2015
32
Operational Sharing Incentives– HF 472 & SF 452

New legislation includes all of the previous
functions, as well as:


1) Curriculum Director
2) School Administration Manager (SAM)
3) Social Worker
4) School Nurse
5) School Counselor
6) School Librarian

Funds MAY NOT be used to fund new positions.




4/6/2015
33
Operational Sharing Incentives– HF 472 & SF 452

New legislation CONTINUES to require:

1) Demonstration of cost savings
2) Demonstration of increased student opportunities


The DE will use data collections already in place to minimize
burden on districts.

Districts will request supplemental weighting
through Fall BEDS submission and begin receiving
funds next year.
4/6/2015
34
Operational Sharing Incentives– HF 472 & SF 452

New legislation DOES NOT include:

1) 20 percent phase out each year

2) Requirement for sharing partners to be
contiguous
4/6/2015
35
Operational Sharing Incentives– HF 472 & SF 452

Supplemental weighting of .02 times the certified
enrollment.

School Districts:
Minimum – 10 additional students
Maximum – 40 additional students





AEAs:
Minimum of $50,000
Maximum of $200,000
4/6/2015
36
Iowa Cases





LeeAnn Mitchell, on behalf of D.E. v. Cedar Rapids Community
School District, (Iowa 2012).
Facts:
D.E., a ninth grade special education student, was capable of
performing daily skills except money management. M.F., a nineteenyear-old twelfth grade special education student. A teacher
observed M.F. and D.E. spending time together and witnessed them
engaging in physical contact, including kissing. The teacher was
concerned that the students may engage in sexual contact if left
unsupervised.
D.E. and a friend, S.K., skipped sixth period one day, and met up
with M.F.
Kennedy High School had an automated system that notified
parents/guardians on the evening when a student was absent. The
school’s policy did not require teachers to alert parents of a
student’s absence. However, the teachers had done this frequently
in the past.
4/6/2015
37
Iowa Cases




LeeAnn Mitchell, on behalf of D.E. v. Cedar Rapids Community
School District, (Iowa 2012). (cont.)
Facts:
After 4 p.m., D.E. and M.F. went into the garage at another friend’s
house, where M.F. sexually assaulted D.E.
At approximately 4 p.m., Mitchell, D.E.’s parent, learned that D.E.
was missing, and Mitchell drove around looking for her. Mitchell
eventually found D.E., but she did not learn about the sexual assault
until months later.
4/6/2015
38
Iowa Cases

LeeAnn Mitchell, on behalf of D.E. v. Cedar Rapids Community
School District, (Iowa 2012). (cont.)

Verdict:

The jury returned a verdict for D.E., finding $500,000 in damages
and apportioning seventy percent fault to Kennedy and thirty percent
to D.E.
4/6/2015
39
Iowa Cases


LeeAnn Mitchell, on behalf of D.E. v. Cedar Rapids Community
School District, (Iowa 2012). (cont.)
Iowa Supreme Court held:

1) C.R. Kennedy failed to preserve its duty argument for appellate
review.

2) Kennedy did not preserve its factual causation argument below
and the Supreme Court declined to address its merits

3) The court concluded the evidence was sufficient to support the
jury’s findings that the school’s negligence increased the risk of
D.E.’s harm.

4/6/2015
40
Iowa Cases

LeeAnn Mitchell, on behalf of D.E. v. Cedar Rapids Community
School District, (Iowa 2012). (cont.)

Lessons Learned:

1) Additional attention must be given to the supervision of younger
students or students with disabilities which affect their ability to
perform daily tasks or to care for him or herself

2) A higher duty of care may be expected if staff members observe
behavior at school which give reason for heightened concern (e.g.,
students kissing at school)

3) If you utilize an automated system for attendance, ensure that it
informs parents/guardians of an absence as soon as possible
4/6/2015
41
Iowa Cases

LeeAnn Mitchell, on behalf of D.E. v. Cedar Rapids Community
School District, (Iowa 2012). (cont.)

Lessons Learned:

4) Consider multiple forms of parental notification if practicable (e.g.,
text, email, telephone)

5) Ensure that staff members take attendance at the beginning of
each class and quickly input information into your system

6) Schools may face liability for actions which occur after school, but
originated at school

7) Legal technicalities sometimes make a difference during court
decisions
4/6/2015
42
S.J.W. v. Lee’s Summit R-7 Sch.
Dist., 696 F.3d 771 (8th Cir. 2012)

Facts: The Lee's Summit R-7 School District ("the School District")
issued 180-day suspensions to twin brothers Steven and Sean
Wilson (together, "the Wilsons") on January 11, 2012 for disruption
caused by a website the Wilsons created. The Wilsons filed suit
against the School District on March 6, 2012, alleging, along with
other claims, that the School District violated their rights to free
speech. The Wilsons also filed a Motion for a Preliminary Injunction
to lift their suspensions. On March 23, 2012, the District Court
entered an Order granting the Wilsons' Motion for a Preliminary
Injunction.
4/6/2015
43
S.J.W. v. Lee’s Summit R-7 Sch.
Dist., 696 F.3d 771 (8th Cir. 2012)
Facts: Between Tuesday, December 13 and Friday, December 16,
2011, the Wilsons added posts to the NorthPress blog. The
Wilsons' posts contained a variety of offensive and racist
comments as well as sexually explicit and degrading comments
about particular female classmates, whom they identified by
name. The racist posts discussed fights at Lee's Summit North and
mocked black students. A third student added another racist post.
 The parties dispute the extent to which the Wilsons used Lee's
Summit North computers to create, maintain, or access NorthPress.
On Tuesday, December 13, one of the Wilsons used a school
computer to upload files needed to create NorthPress. The
School District's computer records also show a person or people
accessed NorthPress using Lee's Summit North computers on
Wednesday, December 14 and Thursday, December 15, but the
records do not show who accessed the site. The School District
cannot prove whether those users added content to the site or
44
4/6/2015
merely viewed it.

S.J.W. v. Lee’s Summit R-7 Sch.
Dist., 696 F.3d 771 (8th Cir. 2012)
The School District claimed the public discovery of NorthPress
caused substantial disruption on December 16, 2011. The
School District's computer records from December 16 show
numerous Lee's Summit North computers were used to access or to
attempt to access NorthPress. Lee's Summit North teachers
testified they experienced difficulty managing their classes
because students were distracted and in some cases upset by
NorthPress; at least two teachers described December 16 as
one of the most or the most disrupted day of their teaching
careers. Lee's Summit North administrators testified that local
media arrived on campus and that parents contacted the
school with concerns about safety, bullying, and
discrimination, both on December 16 and for some time
afterwards. Additionally, Lee's Summit North administrators
expressed concern that the Wilsons' early return to Lee's Summit
North would cause further disruption and might endanger the
Wilsons.
45
4/6/2015

S.J.W. v. Lee’s Summit R-7 Sch.
Dist., 696 F.3d 771 (8th Cir. 2012)



8th Circuit Court of Appeals Held:
We expect Tinker will apply here because the Wilsons' speech was,
in the District Court's words, "targeted at" Lee's Summit North.
The parties dispute the extent to which the Wilsons' speech was
"off-campus," but the location from which the Wilsons spoke
may be less important than the District Court's finding that the
posts were directed at Lee's Summit North.
Just like the online speech in Kowalski and Doninger, the
NorthPress posts "could reasonably be expected to reach the
school or impact the environment." Kowalski, 652 F.3d at 573.
Furthermore, unlike in J.S., the District Court found that the
NorthPress postings "caused considerable disturbance and
disruption on Friday, the 16th."
4/6/2015

46
Child Evangelism Fellowship of Minnesota v.
Minneapolis Special School District No. 1, 690
F.3d 996(8th Cir. 2012)


Facts:
The non-profit organization conducted weekly “good news
clubs” where kids were taught Christian Biblical principles,
moral values, and similar character qualities during an afterschool program.

CEF was a school partner for several years until a new district
employee removed CEF from the after-school program, due to
concerns of “prayer and proselytizing.” CEF was still able to
meet at the school, but children were not able to receive school
snacks or transportation, as children in approved, after-school
programs received.

The District Court denied CEF’s request for a preliminary
injunction and CEF appealed.
4/6/2015
47
Child Evangelism Fellowship of Minnesota v.
Minneapolis Special School District No. 1, 690
F.3d 996(8th Cir. 2012)

The 8th Circuit Court of Appeals held:
1) The loss of attendance from 47 students to 5 students was
enough to establish irreparable harm.

2) The District engaged in viewpoint discrimination.

3) Providing school resources does not automatically make
something a school activity. (e.g., the District ensured that
disclaimers were used disassociating the District with views or
speech of after-school programs)

Bottom-line – the District Court abused its discretion in
denying the preliminary injunction.

4/6/2015
48
Ulrich v. Pope County, ___ F.3d ___(8th Cir. 2013)

Facts:

Brian Ulrich was subject to a restraining order which
provided that he “shall not harass” and “shall have no contact
with” his former girlfriend. This included direct or indirect
contact.

No distance was specified on the restraining order.

Ulrich attempted to attend the high school graduation of the
girlfriend’s daughter, in the high school’s gym.

When Ulrich refused to leave, deputies arrested him.
4/6/2015
49
Ulrich v. Pope County, ___ F.3d ___(8th Cir. 2013)



The 8th Circuit Court of Appeals held:
1) It was reasonable for the deputies “to believe that probable
cause existed to arrest Ulrich for a violation of the HRO through
his intentional presence and conduct at the graduation
ceremony.”
2) The existence of probable cause or arguable probable cause
depends on the viewpoint of an objectively reasonable officer,
not the viewpoint of the particular arresting officer. A deputy’s
statement that “technically” no violation of the restraining
order had occurred did not prevent the employee from having
immunity.
4/6/2015
50
Burlison v. Springfield Public Schools, 708 F.3d
1034 (8th Cir. 2013)


Facts:
Burlison sued the school district, claiming his son’s
constitutional rights were violated when he was required to
leave his backpack in a classroom, as a drug dog
surveyed the room.

The drug dog did not detect drugs while surveying the
room.

The district court granted the school district summary
judgment.

Burlison appealed.
4/6/2015
51
Burlison v. Springfield Public Schools, 708 F.3d
1034 (8th Cir. 2013)



The 8th Circuit Court of Appeals held:
1) Even assuming C.M.’s belongings were seized, “the seizure
was part of a reasonable procedure to maintain the safety and
security of students at the school.”
2) The Court of Appeals noted that requiring students to be
separated from their property while the dog surveyed:



4/6/2015
a) avoids potential embarrassment to students;
b) ensures that students are not targeted by dogs; and,
c) decreases the possibility of dangerous interaction
between dogs and children.
52
Student Searches

Ensure staff members know that Iowa law prohibits
the use of dogs to search students, as well as
prohibits strip searches

Also, ensure staff members have reasonable
suspicion before searching bags or other personal
areas!
4/6/2015
53