In the event a child of compulsory attendance age, over age six and under age sixteen, does not attend public school or an accredited nonpublic school the child must receive competent private instruction.

A parent choosing competent private instruction for a student must notify the school district prior to the first day of school on forms provided by the school district.  The forms are available in the central administration office. One copy of the completed forms will be kept by the school district and another copy will be forwarded to the area education agency.

The superintendent will determine whether the completed form is in compliance with the law.  Specifically, the superintendent will determine whether the individual providing the instruction is either the student's parent, guardian, legal custodian or an Iowa licensed practitioner; whether the licensed practitioner's license is appropriate for the age and grade level of the student; that the student is being instructed a minimum of one hundred and forty-eight days per year; that immunization evidence is provided for students placed under competent private instruction for the first time and that the report is timely filed.

The school district shall report noncompliance with the reporting, immunization, attendance, instructor qualifications, and assessment requirements of the compulsory attendance law to the county attorney of the county of residence of the student's parent, guardian or custodian.  

Students receiving competent private instruction are eligible to request open enrollment to another school district.  Prior to the request for open enrollment, the student shall request dual enrollment in the resident district. The receiving district shall not bill the resident district unless the receiving district complies with the reporting requirements.  If the parent, guardian or custodian fails to comply with the compulsory attendance requirements, the receiving district shall notify the resident district. The resident district shall then report the noncompliance to the county attorney of the county of residence of the parent, guardian or custodian.  

Students receiving competent private instruction from a parent, guardian or legal custodian must be evaluated annually by May 1 unless such person is properly licensed.  The parent, guardian or legal custodian may choose either a standardized test approved by the Iowa Department of Education or a portfolio evaluation. If the parent, guardian or legal custodian chooses standardized testing and the student is dual enrolled, the school district shall pay for the cost of the standardized test and the administration of the standardized test.  If the student is not dual enrolled, the parent, guardian or legal custodian shall reimburse the school district for the cost of the standardized test and the administration of the standardized test. If a parent, guardian or legal custodian of a student receiving competent private instruction chooses portfolio assessment as the means of annual assessment, the portfolio evaluator must be approved by the superintendent. Portfolio evaluators must hold a valid Iowa practitioner's license or teacher certificate appropriate to the ages and grade levels of the children whose portfolios are being assessed.  No annual evaluation is required for students receiving competent private instruction from an appropriately licensed or certified Iowa practitioner.

Upon the request of a parent, guardian or legal custodian of a student receiving competent private instruction or upon referral of a licensed practitioner who provides instruction or instructional supervision of a student under competent private instruction, the school district shall refer a student who may require special education to the area education agency, Division of Special Education, for evaluation.

Students in competent private instruction must make adequate progress.  Adequate progress includes scoring at the thirtieth percentile on a standardized test or a report by the portfolio evaluator indicating adequate progress.  Students who fail to make adequate progress under competent private instruction provided by the student's parent, guardian or legal custodian shall attend an accredited public or nonpublic school beginning the next school year.  The parent, guardian or legal custodian of a student who fails to make adequate progress may apply to the director of the Department of Education for approval of continued competent private instruction under a remediation plan.

The remediation plan shall be for no more than one year.  Before the beginning of the school year, the student may be re-tested and if the student achieves adequate progress the student may remain in competent private instruction.

Legal Reference:    Iowa Code §§ 256.11; 279.10, .11; 299.1-.6, .11, .15, .24, 299A (1999).

    281 I.A.C. 31.

Cross Reference:    501    Student Attendance

    502    Student Rights and Responsibilities

    504    Student Activities

    507.1    Student Health and Immunization Certificates

    604.7    Dual Enrollment

    604.9    Home School Assistance Program

Approved     9/15/97           Reviewed     2/19/01            Revised                           Reviewed     1/15/07       

Policy 604.1 PRIVATE INSTRUCTION

The Emmetsburg Community School District recognizes that families with students of compulsory attendance age may select alternative forms of education outside the traditional school setting, including private instruction. The applicable legal requirements for private instruction, including, but not limited to those relating to reporting and evaluations for progress, shall be followed.

Except as otherwise exempted, in the event a child of compulsory attendance age as defined by law does not attend public school or an accredited nonpublic school, the child must receive private instruction. Private instruction means instruction using a plan and a course of study in a setting other than a public or organized accredited nonpublic school.

Private instruction can take the form of competent private instruction and independent private instruction. The Iowa Department of Education recognizes three options for delivery of this form of instruction: two options for delivery of competent private instruction and one option for independent private instruction.

Competent private instruction means either private instruction provided on a daily basis for at least one hundred forty-eight days during a school year, to be met by attendance for at least thirty-seven days each school quarter by or under supervision of a licensed practitioner, which results in the student making adequate progress, or private instruction provided by a parent, guardian or legal custodian. 

Independent private instruction means private instruction that meets the following criteria: (i) is not accredited, (ii) enrolls not more than four unrelated students, (iii) does not charge tuition, fees, or other remuneration for instruction, (iv) provides private or religious-based instruction as its primary purpose, (v) provides enrolled students with instruction in mathematics, reading and language arts, science, and social studies, (vi) provides, upon written request from the superintendent of the school district in which the independent private instruction is provided, or from the director of the department of education, a report identifying the primary instructor, location, name of the authority responsible for the independent private instruction, and the names of the students enrolled, (vii) is not a nonpublic school and does not provide competent private instruction as defined herein, and (viii) is exempt from all state statutes and administrative rules applicable to a school, a school board, or a school district, except as otherwise provided by law.

It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

NOTE: This policy reflects Iowa law on competent private instruction and independent private instruction. For additional information, including applicable forms, please visit the “Options for Educational Choice” section of the Iowa Department of Education’s website, located at https://www.educateiowa.gov/pk-12/options-educational-choice.

Legal Reference:

Iowa Code §§ 299, 299A.

281 I.A.C. 31.

Cross Reference:

501 Student Attendance

502 Student Rights and Responsibilities

504 Student Activities

507.1 Student Health and Immunization Certificates

604.7 Dual Enrollment

604.9 Home School Assistance Program

Approved  9-15-97     Reviewed 3-16-22          Revised 11/15/2021

Policy 604.2 INDIVIDUALIZED INSTRUCTION

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 will receive the regular education program offered by the district. Only in exceptional circumstances will the board approve students receiving individualized instruction at the expense of the school district.

Recommendations from the superintendent for individualized instruction will state the need for the instruction, the objectives and goals sought for the instruction, the employee 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.

It is the responsibility of the superintendent to develop administrative regulations for individualized instruction.

Legal Reference:

Iowa Code §§ 256.11; 279.8, .10, .11; 280.3, .14; 299.1-.6, .11, .15, .24; 299A.

Cross Reference:

501.12 Pregnant Students

604.1 Competent Private Instruction

Approved     3/19/01           Reviewed     11-13-17             Revised  3-16-22                     

Policy 604.3 PROGRAM FOR TALENTED AND GIFTED STUDENTS

The board recognizes some students require programming beyond the regular education program. The board will identify students with special abilities and provide education programming.

It is the responsibility of the superintendent to develop a talented and gifted program which provides for identifying students, for program evaluation, and for training of employees.

Legal Reference:

Iowa Code §§ 257.42-.49.

281 I.A.C. 12.5(12); 59.

Cross Reference:

505 Student Scholastic Achievement

604.6 Instruction at a Post-Secondary Educational Institution

Approved     6/19/89           Reviewed     11-13-17            Revised      3-16-22  

Policy 604.4 PROGRAM FOR AT-RISK STUDENTS

The board recognizes some students require additional assistance in order to graduate from the regular education program. The board will provide a plan to encourage and provide an opportunity for at-risk students to achieve their potential and obtain their high school diploma.

It is the responsibility of the superintendent to develop a plan for students at-risk which provides for identifying students, for program evaluation, and for the training of employees.

Legal Reference:

Iowa Code §§ 257.38-.41; 280.19, .19A.

281 I.A.C. 12.5(13); 33; 65.

Cross Reference:

505 Student Scholastic Achievement

607.1 Student Guidance and Counseling Program

Approved     6/19/89           Reviewed    11-13-17            Revised  3-16-22                    

Policy 604.5 RELIGIOUS-BASED EXCLUSION FROM A SCHOOL PROGRAM

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 if it is not disruptive to the education program and it does not infringe on a compelling state or educational interest. Further, the exclusion must not interfere with other school district operations. Students who are allowed to be excluded from a program or activity which violates their religious beliefs are required to do an alternate supervised activity or study.

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

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

The superintendent will have discretion to make this determination. The factors the superintendent will 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, number 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.

NOTE: Paragraph one of this policy reflects Iowa law regarding parents removing their children from parts of the education program. The rest of the policy is a process that boards can adapt but it's merely recommended, not mandatory.

Legal Reference:

U.S. Const. amend. I.

Lee v. Weisman, 112 S.Ct. 2649 (1992).

Lemon v. Kurtzman, 403 U.S. 602 (1971).

Graham v. Central Community School District of Decatur County, 608 F.Supp. 531 (S.D. Iowa 1985).

Iowa Code §§ 256.11(6); 279.8.

Cross Reference:

603 Instructional Curriculum

606.2 School Ceremonies and Observances

Approved     9/15/97           Reviewed     11-13-17            Revised   3-16-22              

Policy 604.6 INSTRUCTION AT A POST-SECONDARY EDUCATIONAL INSTITUTION

In accordance with this policy, students in grades nine through twelve may receive academic or career and technical education credits that count toward the graduation requirements set out by the board for courses successfully completed in post-secondary educational institutions.  Students and parents or guardians shall be made aware of the post-secondary instructional opportunities as part of the development of each student’s individual career and academic plan as required by law.  The Superintendent or designee is responsible for developing the appropriate forms and procedures for implementing this policy and the following post-secondary educational opportunities: 

Concurrent Enrollment

The board may, in its discretion, enter into a contractual agreement with a community college to provide courses for eligible students in grades nine through twelve when comparable courses are not offered by the school district.  Notice of the availability of the concurrent enrollment program shall be included in the school district’s registration handbook, and the handbook shall identify which courses, if successfully completed, generate post-secondary credit.  Students shall not be charged tuition for concurrent enrollment courses and shall not be required to reimburse the school district for tuition if they do not successfully complete a course. Students or their parents or guardians may be required to pay a fee consistent with the school district’s established textbook policy and other materials for the concurrent enrollment course to the extent permitted by law.  Students or their parents or guardians may also be required to provide their own transportation to and from concurrent enrollment courses to the extent permitted by law.  However, transportation shall be the responsibility of the school district for any contracted course that is used to meet school district accreditation requirements.

Students who successfully complete a concurrent enrollment course, as determined by the postsecondary institution, shall receive postsecondary credit in accordance with the institution’s policies and high school credit that will be reflected on their high school transcript.  The Superintendent or designee shall grant to a student who successfully completes a concurrent enrollment course a unit of high school graduation credit for every unit of high school level instruction successfully completed. 

Post-Secondary Enrollment Option

Ninth and tenth grade students who have been identified by the school district as gifted and talented, and eligible eleventh and twelfth grade students, may utilize the Post-Secondary Enrollment Option (“PSEO”) program.  To qualify, a course must be a nonsectarian, credit-bearing course that leads to a degree, and in the areas of:  mathematics, science, social sciences, humanities, career and technical education.  A course is not eligible for PSEO if a comparable course is offered by the school district.  In addition, courses at a community college with which the district has a concurrent enrollment agreement are not eligible for PSEO.  Students shall not be charged for tuition, textbooks, materials, or fees related to a PSEO course with the exception of equipment that becomes the property of the student. 

The school district shall reimburse the post-secondary institution for tuition and other expenses for each PSEO course up to $250.  Students who successfully complete a PSEO course, as determined by the postsecondary institution, shall receive postsecondary credit and high school credit.  The Superintendent or designee shall grant to a student who successfully completes a PSEO course a unit of high school graduation credit for every unit of high school level instruction successfully completed. 

Transportation to and from the postsecondary institution is the responsibility of the student or parent or legal guardian of the student enrolled in a PSEO course.  Eligible students may take up to seven hours of post-secondary credit during the summer months and receive high school credit upon successful completion of a post-secondary course.  However, the student or student’s parent or legal guardian are responsible for all costs associated with courses taken during the summer. 

Students who fail a PSEO course and fail to receive credit are required to reimburse the school district for all costs directly related to the course up to the $250.00 reimbursement maximum.  Prior to registering, students under the age of eighteen are required to have a parent or guardian sign a form indicating that the parent is responsible for the costs of the course should the student fail the course and fail to receive credit.  Reimbursement waivers may be granted by the board if sufficient verification is provided to show that the student was unable to complete the course for reasons outside the student’s control, including but not limited to physical incapacity, a death in the student’s immediate family, or a move out of the school district. 

If a student is unable to demonstrate proficiency or the school district or accredited nonpublic school determines that the course unit completed by the student does not meet the school district’s standards, the superintendent shall provide in writing to the student’s parent or guardian the reason for the denial of credit.

Legal References:

Iowa Code §§ 256.7, .11; 258; 261E; 279.61, 280.3, 280.14

281 I.A.C. 12 and 22

Cross References:

505 Student Scholastic Achievement

604.3 Program for Talented and Gifted Students

 Approved 1-17-94              Reviewed 1/16/19                  Revised        3-16-22

Policy 604.7 DUAL ENROLLMENT

The parent, guardian, or custodian of a student receiving competent private instruction may also enroll the student in the school district in accordance with state law and policy. The student is considered under dual enrollment. The parent, guardian, or custodian requesting dual enrollment for the student should notify the board secretary no later than September 15 of the school year in which dual enrollment is sought on forms provided by the school district. On the form, they will indicate the extracurricular and academic activities in which the student is interested in participating. The forms are available at the central administration office.

A dual enrollment student is eligible to participate in the school district's extracurricular and academic activities in the same manner as other students enrolled in the school district. The policies and administrative rules of the school district will apply to the dual enrollment students in the same manner as the other students enrolled the school district. These policies and administrative rules will include, but not be limited to, athletic eligibility requirements, the good conduct rule, academic eligibility requirements, and payment of applicable fees .

A dual enrollment student whose parent, guardian, or custodian has chosen standardized testing as the form of the student's annual assessment will not be responsible for the cost of the test or the administration of the test.

After the student notifies the school district which activities in which they wish to participate, the school district will provide information regarding the specific programs.

The applicable legal requirements for dual enrollment including, but not limited to those related to reporting and eligibility, shall be followed. It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

NOTE: This policy reflects Iowa's dual enrollment law.

Legal Reference:

Iowa Code §§ 279.8, 299A.

281 I.A.C. 31.

Cross Reference:

502 Student Rights and Responsibilities

503 Student Discipline

504 Student Activities

507 Student Health and Well-Being

604.1 Private Instruction

604.9 Home School Assistance Program

Approved     9/15/97           Reviewed    3-16-22           Revised   11-13-17           

Policy 604.8 FOREIGN STUDENTS

Foreign students must meet all district entrance requirements including age, place of residence and immunization. Foreign students must be approved by the board. The board reserves the right to limit the number of foreign students accepted. Students who are citizens of a foreign country will be considered residents if they meet one of the following requirements:

• The student resides with his/her parents(s) or legal guardian;
• The student is in the United States with appropriate documentation (Form I-20) from the United States Department of Justice-Immigration and Naturalization Services; or
• The student is a participant in a recognized foreign exchange program; and
• The student is physically able to attend school and has provided the school district with such proof, including a current TB test.

NOTE: The only legal requirement for foreign students is stated in the second bullet. However, the other requirements are strongly recommended.

Legal Reference:

Iowa Code § 279.8.

Cross Reference:

501 Student Attendance

507.1 Student Health and Immunization Certificates

Approved     9/15/97           Reviewed     11-13-17            Revised   3-16-22                    

Rescinded 3-16-22

Approved     3/19/01           Reviewed      11-13-17            Revised                       

The board recognizes that online coursework may be a good alternative for students to not only meet graduation requirements but, also have the opportunity to take advanced or other courses not offered by the school district.

High school students may earn a maximum of 50 credits to be applied toward graduation requirements by completing online courses offered through agencies approved by the board and the Iowa Department of Education, such as Iowa Learning Online (ILO).  Credit from an on-line or virtual course may be earned only in the following circumstances:  

• The course is not offered at the high school;

• Although the course is offered at the high school, the student will not be able to take it due to an unavoidable scheduling conflict that would keep the student from meeting graduation requirements;

• The course will serve as a supplement to extend homebound instruction;

• The student has been expelled from the regular school setting, but educational services are to be continued; or,

• The principal, with agreement from the student's teachers and parents, determines the student requires a differentiated or accelerated learning environment. (such as Emmetsburg Alternative Learning Center or Accelerated Program courses)

Students applying for permission to take an online course shall complete prerequisites and provide teacher/counselor recommendations to confirm the student possesses the maturity level needed to function effectively in the online learning environment.  In addition, the express approval of the principal shall be obtained before a student enrolls in an on-line course. The school must receive an official record of the student’s final percentage score and suggested grade before credit toward graduation will be recognized.

Provided online courses are part of the student’s regular school day coursework and within budgetary parameters, the tuition costs for an online course shall be borne by the school district during the fall and spring semesters, but may be passed on to the parent/guardian during the summer semester. Any additional costs such as textbooks, rentals or school supplies, shall be borne by the parents for students enrolled full-time. 

It is the responsibility of the superintendent to develop administrative regulations to implement this policy.

Legal Reference:           Iowa Code § 256.9(56); 279.8.

    281 I.A.C. 15

Cross Reference:           605.6 Internet Appropriate Use

                                    501.6 Student Transfers In

 Approved 1/16/19    Reviewed   __________    Revised  __________

Policy 604.11 APPROPRIATE USE OF ONLINE LEARNING PLATFORMS

It is important to embrace technology that can foster a creative, interactive learning environment for students, and facilitate employee professional development and collaboration.  The use of online platforms to host remote interaction between students and employees and to facilitate learning is encouraged in the district. 

While student and employee instruction and communication using virtual and online platforms provides a wide array of learning opportunities, it is imperative that employees and students recognize that the use of such platforms is a privilege.  Training related to the use of online learning platforms will be provided to employees and students. 

The district shall carefully safeguard the right of students and employees to learn and teach in a respectful environment regardless of the method. All instruction and communication through online learning platforms should be appropriate to the age and ability of the participants.  Students and employees should be aware that online platforms may be monitored by the district.  Verbal and written communication occurring on these platforms may be recorded and stored by the district in accordance with applicable laws. 

Any verbal or written communication on these platforms deemed to be inappropriate will subject the student and/or employee to the same disciplinary measures that would exist if the interaction took place through traditional in-person learning. Students and employees who have concerns about the proper use of these platforms are encouraged to speak with their teachers or building principal. The superintendent will make administrative regulations necessary to enforce this policy. 

Legal Reference: 

20 U.S.C. §1232g; 34 C.F.R. Part 99

47 U.S.C. §254

20 U.S.C. §6777

Iowa Code §§ 715C

Cross Reference:

104  Anti-Bullying/Anti-Harassment

401.13  Staff Technology Use/Social Networking

506.1  Student Records

605.4  Technology in the Classroom

605.6 Internet Appropriate Use

501.6 Student Transfers In

Approved 8/19/2020 Reviewed  __________  Revised  __________