Iowa-2017-HF268-Introduced
House File 268 - Introduced
HOUSE FILE
BY HANSON, WINCKLER,
KACENA, HUNTER,
BROWN=POWERS,
McCONKEY, LENSING, and
GASKILL
(COMPANION TO SF 138
BY McCOY)
A BILL FOR
1 An Act relating to private instruction by adding a reporting
2 requirement and requiring school districts to conduct health
3 and safety visits for the protection of children placed
4 under competent private instruction or private instruction.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 299.4, subsection 1, Code 2017, is
1 2 amended to read as follows:
1 3 1. The parent, guardian, or legal custodian of a child
1 4 who is of compulsory attendance age, who places the child
1 5 under competent private instruction under section 299A.2, or
1 6 private instruction under section 299A.3, not in an accredited
1 7 school or a home school assistance program operated by a school
1 8 district or accredited nonpublic school, shall furnish to the
1 9 school district of residence a report in duplicate on forms
1 10 provided in the form and manner prescribed by the public school
1 11 district, to the district by September 1 of the school year in
1 12 which the child will be under competent private instruction
1 13 or private instruction. The secretary shall retain and file
1 14 one copy and forward the other copy to the district's area
1 15 education agency. The report shall state the name and age
1 16 of the child, the period of time during which the child has
1 17 been or will be under competent private instruction or private
1 18 instruction for the year, an outline of the course of study,
1 19 texts used, and the name and address of the instructor. The
1 20 parent, guardian, or legal custodian of a child, who is placing
1 21 the child under competent private instruction or private
1 22 instruction for the first time, shall also provide the district
1 23 with evidence that the child has had the immunizations required
1 24 under section 139A.8, and, if the child is elementary school
1 25 age, a blood lead test in accordance with section 135.105D.
1 26 The term "outline of course of study" shall include subjects
1 27 covered, lesson plans, and time spent on the areas of study.
1 28 Sec. 2. Section 299A.3, Code 2017, is amended to read as
1 29 follows:
1 30 299A.3 Private instruction by nonlicensed person.
1 31 1. A parent, guardian, or legal custodian of a child of
1 32 compulsory attendance age providing private instruction to
1 33 the child shall complete and send, in a timely manner, the
1 34 report required under section 299.4 to the school district of
1 35 residence of the child.
2 1 2. A parent, guardian, or legal custodian of a child of
2 2 compulsory attendance age providing private instruction to the
2 3 child may meet all either of the following requirements:
2 4 1. Complete and send, in a timely manner, the report
2 5 required under section 299.4 to the school district of
2 6 residence of the child.
2 7 2. a. Ensure that the child under the parent's, guardian's,
2 8 or legal custodian's instruction is evaluated annually to
2 9 determine whether the child is making adequate progress, as
2 10 defined in section 299A.6.
2 11 3. b. Ensure that the results of the child's annual
2 12 evaluation are reported to the school district of residence
2 13 of the child and to the department of education by a date not
2 14 later than June 30 of each year in which the child is under
2 15 private instruction.
2 16 Sec. 3. NEW SECTION. 299A.13 Health and safety visits.
2 17 1. The board of directors of a school district shall
2 18 conduct quarterly home visits to check on the health and safety
2 19 of children located within the district who are receiving
2 20 competent private instruction or private instruction.
2 21 2. Home visits shall take place in the child's residence
2 22 with the consent of the parent, guardian, or legal custodian
2 23 and an interview or observation of the child may be conducted.
2 24 If permission to enter the home to interview or observe the
2 25 child is refused, the juvenile court or district court upon
2 26 a showing of probable cause may authorize the person making
2 27 the home visit to enter the home and interview or observe the
2 28 child.
2 29 3. The superintendent of the school district shall
2 30 designate a person to carry out the duties assigned to the
2 31 school district under this section. The person designated
2 32 shall be a mandatory reporter, as defined in section 232.69,
2 33 subsection 1. The school district may collaborate with the
2 34 department of human services, including the local, county, and
2 35 service area officers of the department, in conducting the home
3 1 visits required under this section.
3 2 4. The department of education, in collaboration with the
3 3 department of human services, shall provide guidelines to
3 4 school districts for implementation of this section.
3 5 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance
3 6 with section 25B.2, subsection 3, the state cost of requiring
3 7 compliance with any state mandate included in this Act shall
3 8 be paid by a school district from state school foundation aid
3 9 received by the school district under section 257.16. This
3 10 specification of the payment of the state cost shall be deemed
3 11 to meet all of the state funding=related requirements of
3 12 section 25B.2, subsection 3, and no additional state funding
3 13 shall be necessary for the full implementation of this Act
3 14 by and enforcement of this Act against all affected school
3 15 districts.
3 16 EXPLANATION
3 17 The inclusion of this explanation does not constitute agreement with
3 18 the explanation's substance by the members of the general assembly.
3 19 This bill requires the parent, guardian, or legal custodian
3 20 who places a child in private instruction to submit the same
3 21 report to the school district of residence that is required for
3 22 a child placed in competent private instruction, and requires
3 23 school districts to conduct quarterly home visits to check
3 24 on the health and safety of children placed under competent
3 25 private instruction or private instruction.
3 26 The parent, guardian, or legal custodian placing a child
3 27 under private instruction must furnish, by September 1 of the
3 28 academic year to the school district of residence, in the form
3 29 and manner prescribed by the school, a report that includes the
3 30 name and age of the child, the period of time during which the
3 31 child has been or will be under private instruction for the
3 32 year, an outline of the course of study, texts used, and the
3 33 name and address of the instructor.
3 34 As currently required for persons filing reports for a child
3 35 placed in competent private instruction, the first time such
4 1 a report is filed by a person on behalf of a child placed in
4 2 private instruction, the person must also provide the district
4 3 with evidence that the child has had the immunizations required
4 4 under Code section 139A.8, and, if the child is elementary
4 5 school age, a blood lead test. The term "outline of course of
4 6 study" includes subjects covered, lesson plans, and time spent
4 7 on the areas of study.
4 8 The home visits shall take place in the child's residence
4 9 with the consent of the parent, guardian, or legal custodian
4 10 and an interview or observation of the child may be conducted.
4 11 If permission to enter the home to interview or observe the
4 12 child is refused, the juvenile court or district court upon
4 13 a showing of probable cause may authorize the person making
4 14 the home visit to enter the home and interview or observe the
4 15 child.
4 16 The superintendent of the school district shall designate a
4 17 person to carry out the duties assigned to the school district.
4 18 The person designated shall be a mandatory reporter of child
4 19 abuse. The school district may collaborate with the department
4 20 of human services, including the local, county, and service
4 21 area officers of the department. The department of education,
4 22 in collaboration with the department of human services, shall
4 23 provide guidelines to school districts for implementation of
4 24 the home visits for health and safety.
4 25 The bill may include a state mandate as defined in Code
4 26 section 25B.3. The bill requires that the state cost of
4 27 any state mandate included in the bill be paid by a school
4 28 district from state school foundation aid received by the
4 29 school district under Code section 257.16. The specification
4 30 is deemed to constitute state compliance with any state mandate
4 31 funding=related requirements of Code section 25B.2. The
4 32 inclusion of this specification is intended to reinstate the
4 33 requirement of political subdivisions to comply with any state
4 34 mandates included in the bill.
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