DES MOINES, Iowa — The Iowa Department of Education has confirmed to Local 5 it has denied the Des Moines Public Schools' request to temporarily move to 100% remote learning amid the COVID-19 pandemic.
The district is planning to seek an injunction to the state's decision in Polk County court next week.
“Unfortunately, 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," Kyrstin Delagardelle, chair of the Des Moines School Board said in a statement.
“Since DMPS submitted our Return to Learn plan on July 1 after nearly two months of planning, it has become clear that we need less, not more, in-person instruction so that we can resume learning in a way that supports the health and well-being of our students, staff, and their families.”
Earlier this week, the DMPS School Board approved seeking a waiver for its Return to Learn plan, entailing all virtual learning (with some exceptions).
During that same board meeting Monday, the school board approved starting the school year on Sept. 8.
"We do recognize that we're at a crossroads with what we feel like we need to do for our students," DMPS Superintendent Dr. Thomas Ahart said on a call Friday. "That's why we are taking the actions by filing with distirct court next week so we can see where the authority lies for our families."
In addition, they said fall activities and sports would continue in-person.
The Iowa Department of Education issued the following statement:
"This decision does not impact Des Moines Independent Community
School District's ability to continue providing primarily remote learning for
those students whose parent or guardian voluntarily selects the remote learning opportunity from among options provided by the district, nor does it affect the district's ability to provide hybrid learning that offers at least half of its instruction in person."
Gov. Reynolds office weighed in on the district's plan for legal action in a statement Friday afternoon:
Gov. Reynolds is disappointed to hear that the Des Moines Public School System plans to sue the State rather than to work cooperatively to develop a return to learn plan that complies with the law and meets the educational and health needs of Iowa's children. Our Return to Learn plan emphasizes in-person learning, flexibility for school districts, and also parental choice. The State will continue assisting school districts in safely returning teachers and students to the classroom.
Under the law, there must be a 15% positivity rate in a county on average for 14 days, as well as a 10% absenteeism in a school, before a district can apply to temporarily move classes online.
A similar request has previously been denied by the Iowa Department of Education for educators in Urbandale.
The Iowa State Education Association, which is pursuing a separate lawsuit against the state in tandem with Iowa City Community School District, released a statement supporting DMPS' action.
The Iowa State Education Association stands in support of the Des Moines Public Schools, the Des Moines School Board and the Des Moines Education Association as they fight for the health and safety of the students, school employees and the communities they serve. We are disappointed Governor Reynolds denied their waiver for 100% online learning. We believe the democratically elected Des Moines School Board should determine what is best for the health and well-being of the tens of thousands of people in their care. Playing politics with this pandemic, especially when lives are at stake, is unconscionable."
Stay with Local 5 online or on the We Are Iowa app as this story develops.