Iowa superintendent who refused to open schools could have license revoked



A school superintendent in Iowa could lose his license for defying an order from Gov. Kim Reynolds (R) to open schools for in-person learning.

The Iowa Board of Education Examiners could revoke Des Moines Public Schools Superintendent Thomas Ahart's administrator's license after complaints were filed over his decision to keep students learning 100% online for the first two weeks of the school year.

The educational examiners' investigation, reported by the Des Moines Register, found that Ahart broke the law by "failing to submit and/or implement a lawful return-to-learn plan for the 2020-2021 school year."

The examiners warned that Ahart may be forced to surrender his license or agree to accept a "lesser sanction."

Iowa schools were closed last March and instruction was moved online after COVID-19 was declared a global pandemic. Over the summer, Gov. Reynolds signed an executive order requiring schools to meet in-person at least 50% of the time, giving school districts in areas with at least 15% coronavirus test positivity rates the ability to apply for a waiver to stay closed.

Des Moines Public Schools applied for a waiver but the application was denied. In September, the school district sued to keep classes 100% online but a judge dismissed its request for an injunction against Reynolds' order.

When the schools were supposed to open in September, Ahart kept Des Moines public schools closed and the 31,000 students who attend them attended classes completely online, in violation of the mandate.

Iowa passed a law in January requiring that schools offer 100% in-person learning and a virtual learning option for families who prefer that.

The Des Moines Public School Board released a statement from Dwana Bradley and Rob Barron, the chair and vice chair of the school board, in support of Ahart:

The actions taken by Des Moines Public Schools in the midst of a global pandemic were done so to keep our community healthy and to save lives. During much of the past year, guidance from the state and federal government and public health officials was often conflicting and changing.

Superintendent Ahart took no action without the support and authorization of the School Board as we worked to educate students and lower the spread of COVID-19 in Iowa's largest city. Trying to save the lives of Iowans, during a period unlike anything any one of us has ever experienced, should not be met with an attack on Dr. Ahart's career.

The fact is, DMPS has been in compliance with the in-person learning requirements for the past five months AND are making up the instructional time from the beginning of the year under a plan that has been approved by the State. As the Chair and Vice Chair of the School Board, we support Dr. Ahart's work in carrying out the direction of the Board.

This complaint does nothing to benefit the children of our school district and move us past the pandemic.

Ahart is also supported by the teachers union.

"Dr. Ahart had the choice to violate the Governor's interpretation of the law or put students and staff in, what he and the Des Moines School Board deemed, unnecessarily more dangerous conditions.," Des Moines Education Association President Josh Brown in a statement.

Iowa tells Des Moines Public Schools they cannot start year fully online. Now the district plans to sue.



The Iowa Department of Education on Thursday denied a request from Des Moines Public Schools to start the school year fully online, arguing that the state's goal is to allow "parents to choose what's best for their child" — not school districts.

What are the details?

Last month, Iowa Gov. Kim Reynolds (R) ordered schools in the state to begin the new year by offering at least 50% of its classes within the school building.

The order permitted school districts to apply for an exemption from the law allowing them to operate in a primarily virtual option, but outlined that such requests would need to be approved by the state.

The state's guidelines delineated that districts must have a 2-week rolling average positive test rate of at least 15% in their county before they can transition.

In a letter to the district Thursday, Education Department Director Ann Lebo said the coronavirus infection rate in Polk County, where DMPS is located, did not meet the state's criteria.

"The Iowa Department of Public Health has corrected the current 14-day average percent positivity rate for Polk County as 8%," Lebo wrote. "And your request, including the detailed letter of you provided, and our consultation with the Iowa Department of Public Health have not identified any other basis for concluding that it is appropriate to start the school year with primarily remote learning. For these reasons, your request is denied."

Lebo made clear that the order does not stop DMPS from providing 100% online classes for families that select that option, "nor does it affect the district's ability to provide hybrid learning that offers at least half of its instruction in person."

What else?

Now, the school district is planning to sue the state, making them the second district to do so since Reynolds' order was implemented.

According to the Des Moines Register, DMPS said Friday that it will ask a judge to block the state's enforcement of the order and review the state's authority to deny local school boards the "ability to make decisions in accordance with the law and the interests of their local communities."

"The governor and her agencies have decided to ignore the local decision-making authority set out in the law to try and force their will on school districts to do things we all know are simply not safe at this time," said Kyrstin Delagardelle, chair of the Des Moines school board, in a statement.

"The virtual learning proposed by DMPS is not an act of political defiance," Superintendent Tom Ahart added. "It's about following science as we resume instruction for our students while doing our part to keep our community safe during a time of continuing uncertainty regarding public health."

The district plans to file the petition in court next week. Students are scheduled to begin classes the week after Labor Day.