Update on Rules to Adopt SBAC in Iowa [updated]

In November 2015, the State Board of Education adopted rules to adopt the Smarter Balanced assessments as the statewide assessment for Iowa beginning with the 2016-2017 school year. Today the Administrative Rules Review Committee apparently put a session delay on implementation of those rules [ARC 2312C]. ADDED: Find the minutes of the discussion here.

A session delay is one of the powers the Administrative Rules Review Committee may exercise over agency rulemaking:

The session delay. The ARRC may delay the effective date of a rule until the adjournment of the next session of the General Assembly. The committee refers the delayed rule to the Speaker of the House and the President of the Senate. The rule is then forwarded to the appropriate standing committee for study and possible legislative action {§17A.8(10)}.

This means that the new rules will not be effective January 13, 2016. What action the Legislature will take, if any, to rescind or block these rules remains to be seen as Rep. Jorgensen, chair of the House Education Committee, appears to be supportive of the Smarter Balanced assessments. Still, this is an interesting turn of events.

Also of interest, given that the Governor’s office has been supportive of the Smarter Balanced assessments, is another power of the Iowa Legislature:

The legislative veto. Under the Iowa Constitution the General Assembly has an independent power to rescind any administrative rule The process known as nullification is identical to the enactment of a bill, requiring an absolute majority vote in each chamber, except that it does not require the signature of the Governor (Iowa Constitution, Art. III, section 40).

Update: I hear the vote was 10-0. Members of the Administrative Rules Review Committee are:

  • Rep. Pettengill, Chair (R-Benton)
  • Sen. Horn, Vice Chair (D-Linn)
  • Sen. Chelgren (R-Wapello)
  • Sen. Costello (R-Mills)
  • Sen. Courtney (D-Des Moines)
  • Sen. Jochum [President of the Iowa Senate](D-Dubuque)
  • Rep. Heddens (D-Story)
  • Rep. Jones (R-Clay)
  • Rep. Olson (D-Polk)
  • Rep. Vander Linden (R-Mahaska)
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