Call to Action - Update to Accreditation Overhaul in HF 868

Download the full UEN Call to Action on Accreditation Overhaul

On May 6, the House adopted an amendment to HF 868 that overhauls accreditation law for public and nonpublic schools in Iowa. It is contained as Division III of the bill, beginning on page 28 line 20. Call your Senator and ask for them to remove Division III that deals with accreditation, penalties, fees, public hearings and first amendment training. Contact your Representatives, too, and let them know it is a departure from current practice in many ways. See talking points and details below.

The amendment by Rep. Brink, Chair of the House Oversight Committee, added 10 pages of policy to the Education Appropriations bill, rewriting the accreditation process, plus other accountability actions. The bill was never vetted with the education community or reviewed in a committee or subcommittee. In short, here are the provisions of Division III (see a complete description of the changes in the May 13 UEN Weekly Report found here: www.uen-ia.org/capitol-update-may-13-2021)

• Complaint Website: Requires DE to have a place on their website for parents and community members to make complaints
• New Accreditation Process: Changes accreditation effective July 1, 2021. Phase I annual accreditation review process includes a desk audit but with this amendment could include more than one desk audit or other processes and the scope is expanded beyond education standards approved by the state board of education to be a compliance and enforcement process with laws, rules and regulations regarding finances, compliance with federal law (ESEA, IDEA, Civil Rights) and state law. It may include a scaled-back or full site visit and that could be virtual or in person. Although the triggers for Phase II do not change, the scope of noncompliance is broader.
• Enforcement: Includes a range of enforcement mechanisms. If, after having an opportunity to correct, if permitted, a school district is found to be in noncompliance with federal education laws new requirements from House File 744 (First Amendment Protections), and House File 802 (Diversity Training) neither of which is yet signed by the Governor, or other state law, the Director shall within 30 days, recommend that the state board shall either impose funding conditions on the district, designating it as a high-risk grantee under federal law or withhold payment of state or federal funds to a school district, in whole or in part, until noncompliance is corrected. Withholding of federal funds is subject to the governing federal statute or regulation.
• The amendment eliminates a conditional accreditation, so the DE and the State Board are limited to recommending accreditation or deaccreditation.
• Fees for ethics violation: Requires an administrator to refund fees for administrative costs of processing complaints and conducting hearings if the administrator is the respondent in a complaint for violation of the code of professional conduct and ethics, for which final BOEE action results in a sanction against the administrator.
• Public Hearing: Upon petition signed by eligible electors of a school district equal in number to at least 5% of the persons who voted in the last preceding election of school officials under section 277.1, the board of directors of the school district shall hold a public hearing on the proposal specified in the petition. If the proposal relates to curriculum, the school district may halt the use of the curriculum until the school board holds the public hearing and makes a decision regarding the proposal. The public hearing is required within 30 days.
• First Amendment training: Requires school districts to provide training on free speech under the first amendment to the Constitution of the United States to any equity coordinator employed by the school district.