 |
| Iowa Homeschool Families Visit the Iowa State Capitol to Meet with Their Legislators |
|
|
House File 588
HOUSE FILE 588
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO HSB 147)
A BILL FOR
1 An Act relating to the establishment of an independent private
2 instruction option for students of compulsory attendance
3 age.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1675HV (1) 84 kh/sc
PAG LIN
1 1 Section 1. Section 261E.8, subsection 2, Code 2011, is
1 2 amended to read as follows:
1 3 2. Students from accredited nonpublic schools and students
1 4 receiving competent private instruction or independent private
1 5 instruction under chapter 299A may access the program through
1 6 the school district in which the accredited nonpublic school or
1 7 private institution is located.
1 8 Sec. 2. Section 299.1, subsection 1, Code 2011, is amended
1 9 to read as follows:
1 10 1. Except as provided in section 299.2, the parent,
1 11 guardian, or legal or actual custodian of a child who is of
1 12 compulsory attendance age, shall cause the child to attend some
1 13 public school, or an accredited nonpublic school, or place
1 14 the child under competent private instruction or independent
1 15 private instruction in accordance with the provisions of
1 16 chapter 299A, during a school year, as defined under section
1 17 279.10.
1 18 Sec. 3. Section 299.1B, Code 2011, is amended to read as
1 19 follows:
1 20 299.1B Failure to attend ==== driver's license.
1 21 A person who is of compulsory attendance age, who is not
1 22 exempt under section 299.2, who does not attend a public
1 23 school, or an accredited nonpublic school, who is not
1 24 receiving competent private instruction or independent private
1 25 instruction in accordance with the provisions of chapter
1 26 299A, and who does not attend an alternative school, or adult
1 27 education classes, shall not receive an intermediate or full
1 28 driver's license until age eighteen.
1 29 Sec. 4. Section 299.6A, subsection 1, Code 2011, is amended
1 30 to read as follows:
1 31 1. In lieu of a criminal proceeding under section 299.6,
1 32 a county attorney may bring a civil action against a parent,
1 33 guardian, or legal or actual custodian of a child who is of
1 34 compulsory attendance age, has not completed educational
1 35 requirements, and is truant, if the parent, guardian, or legal
2 1 or actual custodian has failed to cause the child to attend a
2 2 public school, or an accredited nonpublic school, or placed
2 3 the child under competent private instruction or independent
2 4 private instruction in the manner provided in this chapter. If
2 5 the court finds that the parent, guardian, or legal or actual
2 6 custodian has failed to cause the child to attend as required
2 7 in this section, the court shall assess a civil penalty of not
2 8 less than one hundred but not more than one thousand dollars
2 9 for each violation established.
2 10 Sec. 5. Section 299.8, Code 2011, is amended to read as
2 11 follows:
2 12 299.8 "Truant" defined.
2 13 Any child of compulsory attendance age who fails to attend
2 14 school as provided in this chapter, or as required by the
2 15 school board's or school governing body's attendance policy,
2 16 or who fails to attend competent private instruction or
2 17 independent private instruction under chapter 299A, without
2 18 reasonable excuse for the absence, shall be deemed to be a
2 19 truant. A finding that a child is truant, however, shall not
2 20 by itself mean that the child is a child in need of assistance
2 21 within the meaning of chapter 232 and shall not be the sole
2 22 basis for a child in need of assistance petition.
2 23 Sec. 6. Section 299.11, unnumbered paragraph 1, Code 2011,
2 24 is amended to read as follows:
2 25 The truancy officer may take into custody without warrant
2 26 any apparently truant child and place the child in the
2 27 charge of the school principal, or the principal's designee,
2 28 designated by the board of directors of the school district
2 29 in which the child resides, or of any nonpublic school, or
2 30 any authority providing competent private instruction or
2 31 independent private instruction as defined in section 299A.1,
2 32 subsection 2, designated by the parent, guardian, or legal or
2 33 actual custodian; but if it is other than a public school,
2 34 the instruction and maintenance of the child shall be without
2 35 expense to the school district. If a child is taken into
3 1 custody under this section, the truancy officer shall make
3 2 every reasonable attempt to immediately notify the parent,
3 3 guardian, or legal or actual custodian of the child's location.
3 4 Sec. 7. Section 299.12, subsection 2, Code 2011, is amended
3 5 to read as follows:
3 6 2. This section is not applicable to a child who is
3 7 receiving competent private instruction or independent private
3 8 instruction in accordance with the requirements of chapter
3 9 299A. If a child is not in compliance with the attendance
3 10 requirements established under section 299.1, and has not
3 11 completed educational requirements through the sixth grade,
3 12 and the school has used every means available to assure the
3 13 child does attend, the school truancy officer shall contact
3 14 the child's parent, guardian, or legal or actual custodian to
3 15 participate in an attendance cooperation meeting. The parties
3 16 to the attendance cooperation meeting may include the child
3 17 and shall include the child's parent, guardian, or legal or
3 18 actual custodian and the school truancy officer. The school
3 19 truancy officer contacting the participants in the attendance
3 20 cooperation meeting may invite other school officials, a
3 21 designee of the juvenile court, the county attorney or the
3 22 county attorney's designee, or other persons deemed appropriate
3 23 to participate in the attendance cooperation meeting.
3 24 Sec. 8. Section 299A.1, Code 2011, is amended to read as
3 25 follows:
3 26 299A.1 Private Competent private instruction and independent
3 27 private instruction.
3 28 1. The parent, guardian, or legal custodian of a child of
3 29 compulsory attendance age who places the child under private
3 30 instruction shall provide, unless otherwise exempted, competent
3 31 private instruction or independent private instruction in
3 32 accordance with this chapter. A parent, guardian, or legal
3 33 custodian of a child of compulsory attendance age who places
3 34 the child under private instruction which is not competent
3 35 private instruction or independent private instruction,
4 1 or otherwise fails to comply with the requirements of this
4 2 chapter, is subject to the provisions of sections 299.1 through
4 3 299.4 and the penalties provided in section 299.6.
4 4 2. For purposes of this chapter, "competent and chapter 299:
4 5 a. "Competent private instruction" means private instruction
4 6 provided on a daily basis for at least one hundred forty=eight
4 7 days during a school year, to be met by attendance for at
4 8 least thirty=seven days each school quarter, by or under the
4 9 supervision of a licensed practitioner in the manner provided
4 10 under section 299A.2, or other person under section 299A.3,
4 11 which results in the student making adequate progress.
4 12 For purposes of this chapter and chapter 299, "private
4 13 instruction"
4 14 b. "Independent private instruction" means instruction that
4 15 meets the following criteria:
4 16 (1) Is not accredited.
4 17 (2) Enrolls not more than four unrelated students.
4 18 (3) Does not charge tuition, fees, or other remuneration for
4 19 instruction.
4 20 (4) Provides private or religious=based instruction as its
4 21 primary purpose.
4 22 (5) Provides enrolled students with instruction in
4 23 mathematics, reading and language arts, science, and social
4 24 studies.
4 25 (6) Provides, upon written request from the superintendent
4 26 of the school district in which the independent private
4 27 instruction is provided, or from the director of the department
4 28 of education, a report identifying the primary instructor,
4 29 location, name of the authority responsible for the independent
4 30 private instruction, and the names of the students enrolled.
4 31 (7) Is not a nonpublic school and does not provide competent
4 32 private instruction as defined in this subsection.
4 33 (8) Is exempt from all state statutes and administrative
4 34 rules applicable to a school, a school board, or a school
4 35 district, except as otherwise provided in chapter 299 and this
5 1 chapter.
5 2 c. "Private instruction" means instruction using a plan and
5 3 a course of study in a setting other than a public or organized
5 4 accredited nonpublic school.
5 5 Sec. 9. Section 299A.11, Code 2011, is amended to read as
5 6 follows:
5 7 299A.11 Student records confidential.
5 8 Notwithstanding any provision of law or rule to the
5 9 contrary, personal information in records regarding a child
5 10 receiving competent private instruction or independent private
5 11 instruction pursuant to this chapter, which are maintained,
5 12 created, collected, or assembled by or for a state agency,
5 13 shall be kept confidential in the same manner as personal
5 14 information in student records maintained, created, collected,
5 15 or assembled by or for a school corporation or educational
5 16 institution in accordance with section 22.7, subsection 1.
5 17 Sec. 10. Section 321.178, subsection 1, paragraph c, Code
5 18 2011, is amended to read as follows:
5 19 c. Every public school district in Iowa shall offer or make
5 20 available to all students residing in the school district,
5 21 or Iowa students attending a nonpublic school or receiving
5 22 independent private instruction as defined in section 299A.1,
5 23 subsection 2, in the district, an approved course in driver
5 24 education. The receiving district shall be the school district
5 25 responsible for making driver education available to a student
5 26 participating in open enrollment under section 282.18. The
5 27 courses may be offered at sites other than at the public
5 28 school, including nonpublic school facilities within the public
5 29 school districts. An approved course offered during the summer
5 30 months, on Saturdays, after regular school hours during the
5 31 regular terms or partly in one term or summer vacation period
5 32 and partly in the succeeding term or summer vacation period,
5 33 as the case may be, shall satisfy the requirements of this
5 34 section to the same extent as an approved course offered during
5 35 the regular school hours of the school term. A student who
6 1 successfully completes and obtains certification in an approved
6 2 course in driver education or an approved course in motorcycle
6 3 education may, upon proof of such fact, be excused from any
6 4 field test which the student would otherwise be required to
6 5 take in demonstrating the student's ability to operate a motor
6 6 vehicle. A student shall not be excused from any field test
6 7 if a parent, guardian, or instructor requests that a test
6 8 be administered. A final field test prior to a student's
6 9 completion of an approved course shall be administered by a
6 10 person qualified as a classroom driver education instructor and
6 11 certified to provide street and highway driving instruction. A
6 12 person qualified as a classroom driver education instructor but
6 13 not certified to provide street and highway driving instruction
6 14 may administer the final field test if accompanied by another
6 15 person qualified to provide street and highway driving
6 16 instruction.
6 17 EXPLANATION
6 18 This bill establishes under the Code chapter governing
6 19 private instruction an option for independent private
6 20 instruction.
6 21 Under the bill, "independent private instruction" means
6 22 instruction that is not accredited; enrolls not more than
6 23 four unrelated students; does not charge tuition, fees,
6 24 or other remuneration for instruction; provides private or
6 25 religious=based instruction as its primary purpose; provides
6 26 enrolled students with instruction in mathematics, reading and
6 27 language arts, science, and social studies; provides, upon
6 28 written request from the superintendent of the school district
6 29 in which the independent private instruction is provided or
6 30 from the director of the department of education, a report
6 31 identifying the primary instructor, location, name of the
6 32 authority responsible for the independent private instruction,
6 33 and the names of the students enrolled; is not a nonpublic
6 34 school and is distinct from competent private instruction as
6 35 defined in Code chapter 299A(2); and is exempt from all state
7 1 statutes and administrative rules applicable to a school,
7 2 a school board, or a school district, except as otherwise
7 3 provided in Code chapters 299 and 299A, relating to compulsory
7 4 education and private instruction.
7 5 Students who are receiving independent private instruction
7 6 are allowed to access the district=to=community college sharing
7 7 or concurrent enrollment program through the school district in
7 8 which the private institution is located.
7 9 Students who receive independent private instruction are
7 10 not deemed truant unless they fail to attend the independent
7 11 private instruction. A truancy officer may take into custody
7 12 without warrant any apparently truant child and place the child
7 13 enrolled in independent private instruction in the charge
7 14 of the authority providing independent private instruction
7 15 designated by the parent, guardian, or legal or actual
7 16 custodian. Code section 299.12, which provides for attendance
7 17 cooperation meetings and agreements, is inapplicable to a child
7 18 receiving independent private instruction.
7 19 Personal information in records regarding a child receiving
7 20 independent private instruction that are maintained, created,
7 21 collected, or assembled by or for a state agency, shall be kept
7 22 confidential in the same manner as personal information in
7 23 student records maintained, created, collected, or assembled by
7 24 or for a school corporation or educational institution.
7 25 The public school district in which a student receives
7 26 independent private instruction shall offer or make available
7 27 to the student an approved course in driver education.
7 28 A student receiving independent private instruction is not
7 29 required to meet the competent private instruction requirements
7 30 of Code chapter 299A, such as annual achievement evaluations
7 31 and requirements establishing consequences for failure to make
7 32 adequate progress, nor are they eligible to participate in
7 33 dual enrollment and the home school assistance program. A
7 34 child identified as requiring special education is eligible for
7 35 placement under competent private instruction, but not if the
8 1 child is under independent private instruction.
LSB 1675HV (1) 84 kh/sc
|
