Bill Text: IA HF2369 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to state funding for children receiving competent private instruction or independent private instruction, making penalties applicable, making appropriations, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-08 - Introduced, referred to Education. H.J. 221. [HF2369 Detail]
Download: Iowa-2023-HF2369-Introduced.html
House
File
2369
-
Introduced
HOUSE
FILE
2369
BY
ANDREWS
A
BILL
FOR
An
Act
relating
to
state
funding
for
children
receiving
1
competent
private
instruction
or
independent
private
2
instruction,
making
penalties
applicable,
making
3
appropriations,
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
299A.13
Home
school
support
1
distribution
program.
2
1.
For
the
purposes
of
this
section:
3
a.
“Eligible
child”
means
a
child
of
compulsory
attendance
4
age
who
is
receiving
competent
private
instruction
or
5
independent
private
instruction.
6
b.
“Home
school
support
distribution”
means
a
distribution
of
7
funds
equal
to
twenty
percent
of
the
regular
program
state
cost
8
per
pupil
as
described
in
section
257.9
for
the
same
budget
9
year.
10
c.
“School
year”
means
a
period
from
July
1
of
a
year
to
11
June
30
of
the
following
year.
12
2.
A
home
school
support
distribution
fund
is
created
13
in
the
state
treasury
under
the
control
of
the
department
of
14
education
consisting
of
moneys
appropriated
to
the
department
15
of
education
for
the
purpose
of
providing
home
school
support
16
distributions
under
this
section.
For
the
fiscal
year
17
commencing
July
1,
2024,
and
each
succeeding
fiscal
year,
there
18
is
appropriated
from
the
general
fund
of
the
state
to
the
19
department
of
education
to
be
credited
to
the
fund
the
amount
20
necessary
to
pay
all
home
school
support
distributions
approved
21
for
that
fiscal
year.
The
director
of
the
department
of
22
education
has
all
powers
necessary
to
carry
out
and
effectuate
23
the
purposes,
objectives,
and
provisions
of
this
section
24
pertaining
to
the
fund,
including
the
power
to
do
all
of
the
25
following:
26
a.
Make
and
enter
into
contracts
with
a
third-party
entity
27
necessary
for
the
administration
of
the
home
school
support
28
distribution
program.
29
b.
Procure
insurance
against
any
loss
in
connection
with
the
30
assets
of
the
fund
or
require
a
surety
bond.
31
c.
Reduce
the
possibility
of
waste,
fraud,
and
abuse,
32
and
ensure
that
any
technology
platform
used
for
the
program
33
meets
the
state’s
highest
security
requirements,
including
34
compliance.
35
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d.
Conduct
audits
or
other
reviews
necessary
to
properly
1
administer
the
program.
2
e.
Adopt
rules
for
the
administration
of
the
fund
and
3
accounts
within
the
fund.
4
3.
a.
On
or
after
January
1,
but
on
or
before
June
30,
of
5
each
school
year,
a
parent
or
guardian
of
an
eligible
child
may
6
request
a
home
school
support
distribution
by
submitting
an
7
application
to
the
department
of
education.
8
b.
Within
thirty
calendar
days
following
submission
of
9
an
application,
the
department
of
education
or
a
third-party
10
entity
shall
notify
the
parent
or
guardian
of
each
child
11
approved
for
the
following
school
year
and
specify
the
amount
12
of
the
home
school
support
distribution
for
the
child,
if
known
13
at
the
time
of
the
notice.
As
soon
as
practical
following
the
14
processing
of
all
applications,
the
department
of
education
or
15
a
third-party
entity
shall
determine
the
number
of
children
16
approved
for
a
home
school
support
distribution
for
a
school
17
year
and
provide
such
information
to
the
department
of
18
management.
19
c.
Home
school
support
distributions
shall
only
be
approved
20
for
one
school
year
and
applications
must
be
submitted
annually
21
for
payments
in
subsequent
school
years.
22
4.
On
or
before
September
15
of
each
school
year,
the
23
department
of
education
or
a
third-party
entity
shall
make
a
24
home
school
support
distribution
for
each
child
approved
for
25
a
home
school
support
distribution
for
that
school
year.
The
26
home
school
support
distribution
shall
be
made
to
the
parent
or
27
guardian
of
an
eligible
child.
28
5.
A
person
who
makes
a
false
claim
for
the
purpose
of
29
obtaining
a
home
school
support
distribution
or
who
knowingly
30
receives
a
home
school
support
distribution
without
being
31
legally
entitled
to
do
so
is
guilty
of
a
fraudulent
practice
32
under
chapter
714.
33
6.
a.
A
parent
or
guardian
may
appeal
to
the
state
board
34
of
education
any
administrative
decision
the
department
of
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education
or
a
third-party
entity
makes
pursuant
to
this
1
section,
including
but
not
limited
to
determinations
of
2
eligibility
and
removal
from
the
program.
The
department
or
3
the
third-party
entity
shall
notify
the
parent
or
guardian
in
4
writing
of
the
appeal
process
at
the
same
time
the
department
5
notifies
the
parent
or
guardian
of
the
administrative
decision.
6
The
state
board
of
education
shall
establish
the
appeals
7
process
consistent
with
chapter
17A
and
shall
post
the
appeal
8
process
information
on
the
state
board
of
education’s
internet
9
site.
10
b.
The
state
board
of
education
shall
refer
cases
of
11
substantial
misuse
of
home
school
support
distribution
program
12
funds
to
the
attorney
general
for
the
purpose
of
collection
or
13
for
the
purpose
of
a
criminal
investigation
if
the
state
board
14
of
education
obtains
evidence
of
fraudulent
use
of
an
account.
15
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
16
importance,
takes
effect
upon
enactment.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
state
funding
for
children
receiving
21
competent
private
instruction
or
independent
private
22
instruction.
23
The
bill
defines
“eligible
child”
as
a
child
of
compulsory
24
attendance
age
who
is
receiving
competent
private
instruction
25
or
independent
private
instruction.
26
The
bill
defines
“home
school
support
distribution”
as
27
a
distribution
of
funds
equal
to
20
percent
of
the
regular
28
program
state
cost
per
pupil
for
the
current
budget
year.
29
The
bill
defines
“school
year”
as
a
period
from
July
1
of
a
30
year
to
June
30
of
the
following
year.
31
The
bill
creates
a
home
school
support
distribution
fund
32
in
the
state
treasury
under
the
control
of
the
department
of
33
education
(DOE)
consisting
of
moneys
appropriated
to
DOE
for
34
the
purpose
of
providing
home
school
support
distributions.
35
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For
the
fiscal
year
commencing
July
1,
2024,
and
each
1
succeeding
fiscal
year,
the
bill
appropriates
from
the
general
2
fund
of
the
state
to
DOE
to
be
credited
to
the
fund
the
amount
3
necessary
to
pay
all
home
school
support
distributions
approved
4
for
that
fiscal
year.
The
director
of
DOE
has
powers
necessary
5
to
carry
out
and
effectuate
the
purposes,
objectives,
and
6
provisions
of
the
home
school
support
distribution
program
7
pertaining
to
the
fund
that
are
outlined
in
the
bill.
8
The
bill
allows,
on
or
after
January
1,
but
on
or
before
9
June
30,
of
each
school
year,
a
parent
or
guardian
of
an
10
eligible
child
to
request
a
home
school
support
distribution
11
by
submitting
an
application
to
DOE.
Within
30
calendar
days
12
following
submission
of
an
application,
DOE
or
a
third-party
13
entity
shall
notify
the
parent
or
guardian
of
each
child
14
approved
for
the
following
school
year
and
specify
the
amount
15
of
the
home
school
support
distribution
for
the
child,
if
known
16
at
the
time
of
the
notice.
As
soon
as
practical
following
the
17
processing
of
all
applications,
DOE
or
a
third-party
entity
18
shall
determine
the
number
of
children
approved
for
a
home
19
school
support
distribution
for
a
school
year
and
provide
such
20
information
to
the
department
of
management.
The
bill
limits
21
approval
of
home
school
support
distributions
to
a
period
of
22
one
school
year
and
applications
must
be
submitted
annually
for
23
payments
in
subsequent
school
years.
24
The
bill
requires
DOE,
on
or
before
September
15
of
each
25
school
year,
to
make
a
home
school
support
distribution
for
26
each
child
approved
for
a
home
school
support
distribution
for
27
that
school
year.
The
home
school
support
distribution
must
be
28
made
to
the
parent
or
guardian
of
an
eligible
child.
29
The
bill
makes
it
a
fraudulent
practice
to
make
a
false
claim
30
for
the
purpose
of
obtaining
a
home
school
support
distribution
31
or
knowingly
receive
a
home
school
support
distribution
without
32
being
legally
entitled
to
do
so.
A
fraudulent
practice’s
33
penalties
depend
on
the
value
subject
to
the
fraudulent
34
practice,
ranging
from
a
simple
misdemeanor
punishable
by
a
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fine
up
to
$300
to
a
class
“C”
felony
punishable
by
confinement
1
for
no
more
than
10
years
and
a
fine
of
at
least
$1,370
but
not
2
more
than
$13,660.
3
The
bill
allows
a
parent
or
guardian
to
appeal
to
the
4
state
board
of
education
any
administrative
decision
DOE
5
or
a
third-party
entity
makes
relating
to
the
home
school
6
support
distribution
program,
including
but
not
limited
to
7
determinations
of
eligibility
and
removal
from
the
program.
8
DOE
or
the
third-party
entity
shall
notify
the
parent
or
9
guardian
in
writing
of
the
appeal
process
at
the
same
time
10
the
DOE
notifies
the
parent
or
guardian
of
the
administrative
11
decision.
The
bill
requires
the
state
board
of
education
to
12
establish
an
appeals
process
and
shall
post
the
appeal
process
13
information
on
the
state
board
of
education’s
internet
site.
14
The
bill
requires
the
state
board
of
education
to
refer
15
cases
of
substantial
misuse
of
home
school
support
distribution
16
program
funds
to
the
attorney
general
for
the
purpose
of
17
collection
or
for
the
purpose
of
a
criminal
investigation
if
18
the
state
board
of
education
obtains
evidence
of
fraudulent
use
19
of
an
account.
20
The
bill
takes
effect
upon
enactment.
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