Bill Text: IA HF100 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to private instruction by adding reporting requirements and requiring school districts to conduct health and safety visits for children placed under competent private instruction, independent private instruction, or private instruction.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2019-01-29 - Subcommittee: Hanusa, Salmon and Smith, R.. H.J. 178. [HF100 Detail]

Download: Iowa-2019-HF100-Introduced.html
House File 100 - Introduced HOUSE FILE 100 BY HUNTER , MASCHER , KURTZ , and LENSING A BILL FOR An Act relating to private instruction by adding reporting 1 requirements and requiring school districts to conduct 2 health and safety visits for children placed under competent 3 private instruction, independent private instruction, or 4 private instruction. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1440YH (4) 88 kh/jh
H.F. 100 Section 1. Section 299.4, subsection 1, Code 2019, is 1 amended to read as follows: 2 1. The parent, guardian, or legal custodian of a child who 3 is of compulsory attendance age, who places the child under 4 competent private instruction under section 299A.2 , independent 5 private instruction, or private instruction under chapter 6 299A, not in an accredited school or a home school assistance 7 program operated by a school district or accredited nonpublic 8 school, shall furnish to the school district of residence a 9 report in duplicate on forms provided in the form and manner 10 prescribed by the public school district, to the district by 11 September 1 of the school year in which the child will be under 12 competent private instruction , independent private instruction, 13 or private instruction . The secretary shall retain and file 14 one copy and forward the other copy to the district’s area 15 education agency. The report shall state the name and age of 16 the child, the period of time during which the child has been 17 or will be under competent private instruction , independent 18 private instruction, or private instruction for the year, an 19 outline of the course of study, texts used, and the name and 20 address of the instructor. The parent, guardian, or legal 21 custodian of a child, who is placing the child under competent 22 private instruction , independent private instruction, or 23 private instruction for the first time, shall also provide the 24 district with evidence that the child has had the immunizations 25 required under section 139A.8 , and, if the child is elementary 26 school age, a blood lead test in accordance with section 27 135.105D . The term “outline of course of study” shall include 28 subjects covered, lesson plans, and time spent on the areas of 29 study. 30 Sec. 2. Section 299A.1, subsection 2, paragraph b, 31 subparagraph (6), Code 2019, is amended to read as follows: 32 (6) Provides , upon written request from the superintendent 33 of to the superintendent of the school district in which the 34 independent private instruction is provided, or from the 35 -1- LSB 1440YH (4) 88 kh/jh 1/ 5
H.F. 100 director of the department of education of residence of each 1 student enrolled , a report identifying the primary instructor, 2 location, name of the authority responsible for the independent 3 private instruction, and the names of the students enrolled. 4 Sec. 3. Section 299A.3, Code 2019, is amended to read as 5 follows: 6 299A.3 Private instruction by nonlicensed person. 7 1. A parent, guardian, or legal custodian of a child of 8 compulsory attendance age providing private instruction to 9 the child shall complete and send, in a timely manner, the 10 report required under section 299.4 to the school district of 11 residence of the child. 12 2. A parent, guardian, or legal custodian of a child of 13 compulsory attendance age providing private instruction to the 14 child may meet all either of the following requirements: 15 1. Complete and send, in a timely manner, the report 16 required under section 299.4 to the school district of 17 residence of the child. 18 2. a. Ensure that the child under the parent’s, guardian’s, 19 or legal custodian’s instruction is evaluated annually to 20 determine whether the child is making adequate progress, as 21 defined in section 299A.6 . 22 3. b. Ensure that the results of the child’s annual 23 evaluation are reported to the school district of residence 24 of the child and to the department of education by a date not 25 later than June 30 of each year in which the child is under 26 private instruction. 27 Sec. 4. NEW SECTION . 299A.13 Health and safety visits. 28 1. The board of directors of a school district shall 29 conduct quarterly home visits to check on the health and safety 30 of children located within the district who are receiving 31 competent private instruction, independent private instruction, 32 or private instruction. 33 2. Home visits shall take place in the child’s residence 34 with the consent of the parent, guardian, or legal custodian 35 -2- LSB 1440YH (4) 88 kh/jh 2/ 5
H.F. 100 and an interview or observation of the child may be conducted. 1 If permission to enter the home to interview or observe the 2 child is refused, the juvenile court or district court upon 3 a showing of probable cause may authorize the person making 4 the home visit to enter the home and interview or observe the 5 child. 6 3. The superintendent of the school district shall 7 designate a person to carry out the duties assigned to the 8 school district under this section. The person designated 9 shall be a mandatory reporter, as defined in section 232.69, 10 subsection 1. The school district may collaborate with the 11 department of human services, including the local, county, and 12 service area officers of the department, in conducting the home 13 visits required under this section. 14 4. The department of education, in collaboration with the 15 department of human services, shall provide guidelines to 16 school districts for implementation of this section. 17 Sec. 5. STATE MANDATE FUNDING SPECIFIED. In accordance 18 with section 25B.2, subsection 3, the state cost of requiring 19 compliance with any state mandate included in this Act shall 20 be paid by a school district from state school foundation aid 21 received by the school district under section 257.16. This 22 specification of the payment of the state cost shall be deemed 23 to meet all of the state funding-related requirements of 24 section 25B.2, subsection 3, and no additional state funding 25 shall be necessary for the full implementation of this Act 26 by and enforcement of this Act against all affected school 27 districts. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill requires the parent, guardian, or legal custodian 32 who places a child in independent private instruction or 33 private instruction to submit the same report to the school 34 district of residence that is required for a child placed in 35 -3- LSB 1440YH (4) 88 kh/jh 3/ 5
H.F. 100 competent private instruction, and requires school districts 1 to conduct quarterly home visits to check on the health and 2 safety of children placed under competent private instruction, 3 independent private instruction, or private instruction. 4 The parent, guardian, or legal custodian placing a child 5 under independent private instruction or private instruction 6 must, by September 1 of the academic year, furnish to the 7 school district of residence a report that includes the name 8 and age of the child, the period of time during which the child 9 has been or will be under private instruction for the year, an 10 outline of the course of study, and the name and address of the 11 instructor. The criteria for independent private instruction 12 is modified to require that a report be provided to each 13 student’s school district of residence. 14 As currently required for persons filing reports for a child 15 placed in competent private instruction, the first time such 16 a report is filed by a person on behalf of a child placed in 17 independent private instruction or private instruction, the 18 person must also provide the district with evidence that the 19 child has had the immunizations required under Code section 20 139A.8, and, if the child is elementary school age, a blood 21 lead test. The term “outline of course of study” includes 22 subjects covered, lesson plans, and time spent on the areas of 23 study. 24 The home visits shall take place in the child’s residence 25 with the consent of the parent, guardian, or legal custodian 26 and an interview or observation of the child may be conducted. 27 If permission to enter the home to interview or observe the 28 child is refused, the juvenile court or district court upon 29 a showing of probable cause may authorize the person making 30 the home visit to enter the home and interview or observe the 31 child. 32 The superintendent of the school district shall designate a 33 person to carry out the duties assigned to the school district. 34 The person designated shall be a mandatory reporter of child 35 -4- LSB 1440YH (4) 88 kh/jh 4/ 5
H.F. 100 abuse. The department of education, in collaboration with 1 the department of human services, shall provide guidelines to 2 school districts for implementation of the home visits for 3 health and safety. 4 The bill may include a state mandate as defined in Code 5 section 25B.3. The bill requires that the state cost of 6 any state mandate included in the bill be paid by a school 7 district from state school foundation aid received by the 8 school district under Code section 257.16. The specification 9 is deemed to constitute state compliance with any state mandate 10 funding-related requirements of Code section 25B.2. The 11 inclusion of this specification is intended to reinstate the 12 requirement of political subdivisions to comply with any state 13 mandates included in the bill. 14 -5- LSB 1440YH (4) 88 kh/jh 5/ 5
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