Championing Excellence for all Iowa Students through Leadership and Service 

Grimes State Office Building - 400 E 14th St - Des Moines IA 50319-0146 

PHONE (515) 281-5294 FAX (515) 242-5988  

www.educateiowa.gov 

TERRY BRANSTAD, GOVERNOR DEPARTMENT OF EDUCATION

KIM REYNOLDS, LT. GOVERNOR JASON E. GLASS, DIRECTOR

May 30, 2012

Michael Yudin, Acting Assistant Secretary

Office of Elementary and Secondary Education

U.S. Department of Education

400 Maryland Ave., SW

Washington, DC 20202

Dear Acting Assistant Secretary Yudin:

I am writing to update you on Iowa’s pr ogress on its ESEA flexibility request. Over the past few weeks, we have worked

through many of the concerns the U.S. Department of Education (USED) has pertaining to Principle 1 and Principle 2.

These conversations may have resulted in a plan for one of the best accountability systems in the nation and one that will

improve outcomes for all students.

Throughout the waiver process, USED staff continued to ask us what actions were being taken by the legislature regarding

the Governor’s Education Reform Bill that was filed in January. Since the beginning of the waiver process, the guidance

from the USED on Principle 3 clearly indicated that states must meaningfully differentiate performance using at least three

performance levels and that multiple, valid measures must be used to determine performance levels, including, as a

significant factor, data on student growth for all students as well as other measures of professional practice. This was

clarified again for states in your communication dated May 22, 2012.

The USED indicated via waiver guidance and on numerous conference calls that the Iowa Department of Education (IDE)

needs clear authority to establish differentiated performance levels for teachers and principals using at least three

performance levels and to establish how student learning and growth will be a significant factor in determining these levels

of performance. In Senate File 2284, signed into law on May 25, the Iowa legislature did not give the IDE any authority to

take the necessary actions to implement an evaluation system meeting the ESEA waiver requirements. Instead, the

legislature directed a task force to study these issues and make recommendations in the next legislative session beginning in

January 2013.

As such, the IDE does not have the authority to issue evaluation guidelines addressing two of the required areas in the

waiver. Having invested more than 3,500 hours of staff time in preparation of the ESEA request, the consideration of 

investing more time with little hope of being able to meet the ESEA flexibility requirements due to statutory restraints gives

me pause. Given that the statutory configuration in Iowa does not allow the IDE to meet the ESEA flexibility requirements

related to Principle 3, we respectfully request further guidance on any option that may be available to the state at this time.

Sincerely,

Jason E. Glass

Director and Chief Learner

Iowa Department of Education

Cc: Liz Grant, USED

Sue Rigney, USED

Kevin Fangman, IDE

Wilma Gajdel, IDE