Implementation of Iowa’s education reform bill has teachers on edge

Without guidance from the Iowa Department of Education on how to implement laws signed by Gov. Kim Reynolds this year, school districts like Newton are turning to advocacy groups and their attorneys for help, but the lack of clear direction from the state and the stress of violations are causing unease and anxiety.

In some cases, teachers and superintendents risk losing their licenses for as many as two violations, which could put an end to their careers in education.

Newton Superintendent Tom Messinger consulted school attorneys, Rural School Advocates of Iowa, School Administrators of Iowa and the piece of legislation itself before providing staff with a document telling them what they can and cannot do as a result of these new laws, which he said have caused a lot of fear.

“When the outcome of it is that it says you shall go in front of the board of educational examiners, that’s a scary thought to people,” Messinger said. “I think that in the end people want to follow the law and do the right thing. So it’s kind of scary that you have this legislation that is put in place right before school starts.”

POSSIBLE SEVERE CONSEQUENCES FOR JUST TWO VIOLATIONS

According to the language in Senate File 496, if the state determines a school district or an employee of the school district violated the parental rights in the education law by knowingly giving false or misleading information regarding a student’s gender identity, they can be subject to the following:

• For the first violation, the department of education shall issue a written warn to the board of directors of the school district or the employee, as applicable.

• For a second or subsequent violation, if the department of education finds a school district knowingly violated the law, the superintendent of the school district shall be subject to a hearing conducted by the board of educational examiners, which may result in disciplinary action.

• For a second or subsequent violation, if the department of education finds an employee of the school district knowingly violated the law, the employee is subject to a hearing by the board of educational examiners, which also may result in disciplinary action.

The Iowa Board of Educational Examiners could thereby revoke licenses. The document provided to Newton school district staff also lays out similar consequences for violating the laws for only age-appropriate school materials. It is these potential outcomes, Messinger said, that are causing “some anxieties.”

He said, “I understand what the components of the law are, but it’s that thought of if I mess up or if something goes wrong, the consequences could be severe.”

Senate File 496 prohibits instruction of gender identity or sexual orientation in grades K-6, bans books containing descriptions of sex acts or books considered not age-appropriate and requires parents be notified if their child requests a differing gender identity or pronouns from registration, among other things.

Despite the bill being signed into law and thereby enforced by state government, the Iowa Department of Education provided no detailed guidance to schools.

From this point, it is unlikely the department of education will give detailed guidance — or, rather, be allowed to give detailed guidance — on how to implement the new laws restricting things like school materials, along with everything else in the omnibus bill. Which only adds to the confusion.

Even more so when it comes to student identity. While there has been debate over the use of nicknames is applicable, Messinger said he is not requiring staff in Newton schools to report when a student named Michael, for example, goes by Mike. To Messinger, it is a version of their named submitted at registration.

WHAT ELSE WAS IN THE DOCUMENT SENT TO NEWTON STAFF?

The document provided to Newton teachers also goes over teaching human growth and development, which must be age appropriate and research based for grades 7-12. The law also affects the 7-12 health curriculum by no longer requiring to contain information about HIV, HPV or availability of HPV vaccine.

Human growth and development for grades 1-6 can no longer provide instruction on sexual activity or gender identity, but it can include instruction on self-esteem, stress management, interpersonal relationships and domestic abuse. The law also prohibits curriculum relating to gender identity/sexual activity in grades K-6.

Newton has also told teachers parental consent is required before administering an exam or survey on a minor student’s mental, physical or emotional health that is not required by federal law. Parents must also be provided a link to or copy of the survey. This does not apply to hearing or vision exams.

School districts must also receive written consent from a parent before requiring a student to take a survey related to topics like political affiliation, sexual behavior, mental or psychological problems of the student or family members, religious beliefs or income.

Other topics covered in the document include bullying, policies in which parents can request removal of materials or petition board decisions and the state’s criminal code to define the terms “sex act” and “sexual activity” as it relates to school materials. Messinger believes the guidance follows the law.

Still, there are apprehensions.

“There are questions and concerns like, ‘Are we OK with doing it the way we are?’ We’ve checked with school legal counsel. We’ve talked with them and other superintendents around, and I believe we are following the letter of the law as well as the intent of the law,” Messinger said.