Des Moines superintendent reprimanded for defying state by keeping classes online amid COVID-19 in Iowa

Samantha Hernandez
Des Moines Register

Des Moines schools Superintendent Tom Ahart will start the new academic year with a letter of reprimand from the state's education licensing agency, a symbolic slap on the wrist after district officials defied the state last fall, keeping students online and out of classrooms amid the coronavirus pandemic.

In its decision, the Board of Educational Examiners acknowledged Ahart's motives to keep kids safe from the coronavirus. However, the board said, it did not absolve him from his duties to follow state law. 

"Even in moments of crisis, complying with and acting according to the law is not optional," the decision said. "To second guess an unambiguous policy decision made by the General Assembly and the governor, even while perhaps motivated by entirely honorable intentions, does not insulate one from any repercussions from complying with the law." 

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The decision follows two complaints filed against Ahart regarding Des Moines schools officials' decision to keep more than 32,000 students learning online for the first two weeks of the 2020-21 school year, in violation of state law. 

At the time, Iowa school districts were required by law to offer families at least 50% in-person instruction. School officials could apply to the state for a waiver to take school online for two weeks.

In August 2020, Gov. Kim Reynolds said school administrators who defied the state's rules could face licensure discipline for violating the order. In January, Reynolds signed into law a bill that requires schools to offer a 100% in-person option. 

Moving forward, Ahart, an Iowa native, said he plans to continue to focus on the issues the district is facing including the COVID-19 pandemic and preparing for the new school year. 

"I am pleased that this matter is resolved," Ahart said in a statement to the Des Moines Register on Thursday. "My focus has been and remains on the real work to be done for our students in Des Moines."

Separately, in May the Des Moines School Board decided 4-3 to not extend Ahart's contract past June 30, 2023. 

Ahart was hired by the district in 2008 as a principal at Harding Middle School. He served as interim superintendent in 2012 before being hired as superintendent in March 2013. 

Superintendent violated ethical duties by keeping kids out of classrooms

The licensing board has the authority to rescind or suspend an educator's license for violations as well as levy a range of other disciplinary actions. 

Earlier this year, Administrative Law Judge David Lindgren, working on behalf of the licensing board, ruled as part of a summary judgment that Ahart had violated his ethical duties by not following the state law about in-person instruction. 

In Ahart's case, Lindgren decided "a letter of public reprimand" should be added to the superintendent's licensure file. He decided not to require Ahart to complete 15 hours of ethics training, as the state had requested. 

"The state's request for a public letter of reprimand is appropriate, and it serves to recognize the nature of the violation and the need to foster deterrence. It also considers and reflects the many aggravating and mitigating circumstances present in this record," the decision said.

More:Des Moines may offer online elementary school again, as COVID cases begin to climb

Since the beginning of the coronavirus pandemic, schools across the U.S. have tried to balance the health of students and teachers with best practices for maintaining learning. Now, educators are rethinking once again how to keep everyone in school buildings safe as the coronavirus' delta variant takes hold in communities with low vaccination rates. 

Just this week the Des Moines school district temporarily closed two summer daycare programs due to multiple cases of COVID infections. 

Des Moines School Board Chair Dwana Bradley said the board has supported Ahart during this process and is glad it is over. 

When the district started the school year online, Ahart was following the school board's directive, Bradley said. 

“There was not a guidebook on what was the best way to handle this or what was the correct way to handle this,” she said.

Samantha Hernandez covers education for the Register. Reach her at (515) 851-0982 or svhernandez@gannett.com. Follow her on Twitter at @svhernandez or Facebook at facebook.com/svhernandezreporter.