In the event a child of compulsory education age, over age (6) and under age sixteen (16), cannot attend or the child does not attend public school, the child must receive competent private instruction elsewhere.  It shall be the responsibility of the board to annually determine whether the educational program provided to a resident child not attending an accredited public or private program is competent private instruction.

Students attending a nonpublic school accredited by the State Department of Education or receiving instruction through the home study program sponsored by the Mississippi Bend Area Education Agency will be presumed to be receiving competent private instruction.

When the board receives information indicating that a child not enrolled in the public schools has been evaluated as being in need of special education, the board or its designee shall notify the child’s parents and request a meeting with them to assess the child’s instructional program.

Legal Reference:  Johnson v Charles City Community School’s Board of Education, 368 N.W.2d 74 (Iowa 1985).
                                       Iowa Code §§256.11, 279.10, .11, 280.2, .3, 299.1-.6, .8-.11, .15, .16, .18-.20, .22, .24, 299B.1-.10.
                                       281 Iowa Admin. Code 31

Cross Reference:  502    Student Rights and Responsibilities
                                       504    Student Activities

Approved:  4-13-92              
Reviewed:  5-13-49              
Revised:             

The board’s primary responsibility in the management of the school district is the operation and delivery of the regular education program.  Generally, students attending the school district shall take the regular educational program offered by the district.  Only for exceptional circumstances will students be allowed to receive individualized instruction at the expense of the school district.

Recommendations from the administration for individualized instruction shall state the need for the instruction, the objectives and goals sought for the instruction, the personnel requirements for the instruction, the implementation procedures for the instruction and the evaluation procedures and processes that will be used to assess the value of the instruction.

Legal Reference:  Iowa Code §§256.11, 279.8, .10, .11, 280.3, .14, 299.1-.6, .11, .15, .24 (1989).

Cross Reference:  604.1    Equivalent Instruction

Approved:  4-13-92              
Reviewed:  5-13-19              
Revised:  6-10-96

The board recognizes some students require qualitative differentiated programming beyond the regular educational program.  The board shall identify students with special abilities and provide educational programming.

It shall be the responsibility of the administration to develop a talented and gifted program which provides for identifying students, for program evaluation, and for training of school district personnel.

Legal Reference:  Iowa Code §§442.31-.36 (1991).
                                       281 Iowa Admin. Code 59.
                                       281 Iowa Admin. Code 12.5(12).

Cross Reference:  505    Student Scholastic Achievement

Approved:  4-13-92              
Reviewed:  5-13-19              
Revised:  6-10-96

The board recognizes some students require additional assistance.  The board shall provide a plan to encourage and provide an opportunity for at-risk students to achieve their potential.

It shall be the responsibility of the administration to develop a plan for students at risk which provides for identifying students, for program evaluation, and for the training of school district personnel.

Legal Reference:  Iowa Code §§442.51-.54 (1991).
                                       281 Iowa Admin. Code 61.
                                       281 Iowa Admin. Code 12.5(13).

Cross Reference:  505    Student Scholastic Achievement
                                       607.1 Student Guidance and Counseling Program

Approved:  4-13-92              
Reviewed:  5-13-19          
Revised:  4-09-07

Parents who wish to have their child excluded from a school program because of religious beliefs must inform the superintendent.  The board authorizes the administration to allow the exclusion it if is not disruptive to the educational process and it does not infringe on a compelling state or educational interest.  Further, the exclusion must not interfere with other school district operations.

In notifying the superintendent, the parents shall abide by the following:

• The notice shall be in writing;
• The objection shall be based on religious beliefs;
• The objection shall state which activities or studies violate their religious beliefs;
• The objection shall state why these activities or studies violate their religious beliefs;
• The objection shall state a proposed alternate activity or study.

The superintendent shall have sole discretion to make this determination.  The factors the superintendent shall consider when a student requests to be excluded from a program or activity because of religious beliefs include, but are not limited to, staff available to supervise a student who wishes to be excluded, space to house the student while the student is excluded, available superintendent-approved alternative course of study or activity while the student is excluded, numbers of students who wish to be excluded, whether allowing the exclusion places the school in a position of supporting a particular religion, and whether the program or activity is required for promotion to the next grade level or for graduation.

Students who are allowed to be excluded from a program or activity which violates their religious beliefs shall be required to do an alternate supervised activity or study.

Legal Reference:  U.S. Const. Amend I.
                                       Lemon v Kurtzman, 403 U.S.602, 91 S.Ct. 2105 (1971).
                                       Graham v Central Community School District of Decatur County,
                                       608 F.Supp. 531 (Iowa 1985).
                                       Iowa Code §§256.11(7), 279.8 (1991).

Cross Reference:  603    Instructional Curriculum
                                       606.4 School Ceremonies and Observances

Approved:  4-13-92              
Reviewed:  5-13-19              
Revised: