Bill Text: IA HF368 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to private instruction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-20 - Introduced, referred to Education. H.J. 412. [HF368 Detail]
Download: Iowa-2017-HF368-Introduced.html
House File 368 - Introduced HOUSE FILE BY MASCHER A BILL FOR 1 An Act relating to private instruction. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2144YH (2) 87 kh/sc PAG LIN 1 1 Section 1. Section 261E.8, subsection 2, Code 2017, is 1 2 amended to read as follows: 1 3 2. Students from accredited nonpublic schools and students 1 4 receiving competent private instructionor independent private 1 5 instructionunder 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 2017, 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 instructionor independent 1 15 private instructionin 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 2017, is amended to read as 1 19 follows: 1 20 299.1B Failure to attend == driver's license. 1 21 A person whois of compulsory attendance age who does 1 22 not meet the requirements for an exception under section 1 23 299.2, whodoes not attend a public school or an accredited 1 24 nonpublic school, who is not receiving competent private 1 25 instructionor independent private instructionin accordance 1 26 with the provisions of chapter 299A, and who does not attend 1 27 an alternative school or adult education classes, shall not 1 28 receive an intermediate or full driver's license until age 1 29 eighteen. 1 30 Sec. 4. Section 299.4, subsection 1, Code 2017, is amended 1 31 to read as follows: 1 32 1. The parent, guardian, or legal custodian of a child who 1 33 is of compulsory attendance age, who places the child under 1 34 competent private instruction under either section 299A.2 or 1 35 299A.3, not in an accredited school or a home school assistance 2 1 program operated by a school district or accredited nonpublic 2 2 school, shall furnish a report in duplicate on forms provided 2 3 by the public school district, to the district by September 1 2 4 of the school year in which the child will be under competent 2 5 private instruction. The secretary shall retain and file 2 6 one copy and forward the other copy to the district's area 2 7 education agency. The report shall state the name and age of 2 8 the child, the period of time during which the child has been 2 9 or will be under competent private instruction for the year, 2 10 an outline of the course of study, texts used, and the name 2 11 and address of the instructor. The parent, guardian, or legal 2 12 custodian of a child, who is placing the child under competent 2 13 private instruction for the first time, shall also provide the 2 14 district with evidence that the child has had the immunizations 2 15 required under section 139A.8, and, if the child is elementary 2 16 school age, a blood lead test in accordance with section 2 17 135.105D. The term "outline of course of study" shall include 2 18 subjects covered, lesson plans, and time spent on the areas of 2 19 study. 2 20 Sec. 5. Section 299.6A, subsection 1, Code 2017, is amended 2 21 to read as follows: 2 22 1. In lieu of a criminal proceeding under section 299.6, 2 23 a county attorney may bring a civil action against a parent, 2 24 guardian, or legal or actual custodian of a child who is of 2 25 compulsory attendance age, has not completed educational 2 26 requirements, and is truant, if the parent, guardian, or legal 2 27 or actual custodian has failed to cause the child to attend a 2 28 public school or an accredited nonpublic school, or to place 2 29 the child under competent private instructionor independent 2 30 private instructionin the manner provided in this chapter. If 2 31 the court finds that the parent, guardian, or legal or actual 2 32 custodian has failed to cause the child to attend as required 2 33 in this section, the court shall assess a civil penalty of not 2 34 less than one hundred but not more than one thousand dollars 2 35 for each violation established. 3 1 Sec. 6. Section 299.8, Code 2017, is amended to read as 3 2 follows: 3 3 299.8 "Truant" defined. 3 4 Any child of compulsory attendance age who fails to attend 3 5 school as provided in this chapter, or as required by the 3 6 school board's or school governing body's attendance policy, 3 7 or who fails to attend competent private instructionor 3 8 independent private instructionunder chapter 299A, without 3 9 reasonable excuse for the absence, shall be deemed to be a 3 10 truant. A finding that a child is truant, however, shall not 3 11 by itself mean that the child is a child in need of assistance 3 12 within the meaning of chapter 232 and shall not be the sole 3 13 basis for a child in need of assistance petition. 3 14 Sec. 7. Section 299.11, subsection 1, Code 2017, is amended 3 15 to read as follows: 3 16 1. The truancy officer may take into custody without 3 17 warrant any apparently truant child and place the child 3 18 in the charge of the school principal, or the principal's 3 19 designee, designated by the board of directors of the school 3 20 district in which the child resides, or in the charge of any 3 21 nonpublic school or any authority providing competent private 3 22 instructionor independent private instructionas defined in 3 23 section 299A.1, designated by the parent, guardian, or legal 3 24 or actual custodian; but if it is other than a public school, 3 25 the instruction and maintenance of the child shall be without 3 26 expense to the school district. If a child is taken into 3 27 custody under this section, the truancy officer shall make 3 28 every reasonable attempt to immediately notify the parent, 3 29 guardian, or legal or actual custodian of the child's location. 3 30 Sec. 8. Section 299.12, subsection 2, Code 2017, is amended 3 31 to read as follows: 3 32 2. This section is not applicable to a child who is 3 33 receiving competent private instructionor independent private 3 34 instructionin accordance with the requirements of chapter 3 35 299A. If a child is not in compliance with the attendance 4 1 requirements established under section 299.1, and has not 4 2 completed educational requirements through the sixth grade, 4 3 and the school has used every means available to assure the 4 4 child does attend, the school truancy officer shall contact 4 5 the child's parent, guardian, or legal or actual custodian to 4 6 participate in an attendance cooperation meeting. The parties 4 7 to the attendance cooperation meeting may include the child 4 8 and shall include the child's parent, guardian, or legal or 4 9 actual custodian and the school truancy officer. The school 4 10 truancy officer contacting the participants in the attendance 4 11 cooperation meeting may invite other school officials, a 4 12 designee of the juvenile court, the county attorney or the 4 13 county attorney's designee, or other persons deemed appropriate 4 14 to participate in the attendance cooperation meeting. 4 15 Sec. 9. Section 299A.1, Code 2017, is amended to read as 4 16 follows: 4 17 299A.1Competent privatePrivate instructionand independent 4 18 private instruction. 4 19 1. The parent, guardian, or legal custodian of a child of 4 20 compulsory attendance age who places the child under private 4 21 instruction shall provide, unless otherwise exempted, competent 4 22 private instructionor independent private instructionin 4 23 accordance with this chapter. A parent, guardian, or legal 4 24 custodian of a child of compulsory attendance age who places 4 25 the child under private instruction which is not competent 4 26 private instructionor independent private instruction, 4 27 or otherwise fails to comply with the requirements of this 4 28 chapter, is subject to the provisions of sections 299.1 through 4 29 299.4 and the penalties provided in section 299.6. 4 30 2. For purposes of this chapter and chapter 299: 4 31 a. "Competent private instruction" means private instruction 4 32 provided on a daily basis for at least one hundred forty=eight 4 33 days during a school year, to be met by attendance for at 4 34 least thirty=seven days each school quarter, by or under the 4 35 supervision of a licensed practitioner in the manner provided 5 1 under section 299A.2, or a parent, guardian, or legal custodian 5 2 under section 299A.3, which results in the student making 5 3 adequate progress. 5 4b. "Independent private instruction" means instruction that 5 5 meets the following criteria:5 6(1) Is not accredited.5 7(2) Enrolls not more than four unrelated students.5 8(3) Does not charge tuition, fees, or other remuneration for 5 9 instruction.5 10(4) Provides private or religious=based instruction as its 5 11 primary purpose.5 12(5) Provides enrolled students with instruction in 5 13 mathematics, reading and language arts, science, and social 5 14 studies.5 15(6) Provides, upon written request from the superintendent 5 16 of the school district in which the independent private 5 17 instruction is provided, or from the director of the department 5 18 of education, a report identifying the primary instructor, 5 19 location, name of the authority responsible for the independent 5 20 private instruction, and the names of the students enrolled.5 21(7) Is not a nonpublic school and does not provide competent 5 22 private instruction as defined in this subsection.5 23(8) Is exempt from all state statutes and administrative 5 24 rules applicable to a school, a school board, or a school 5 25 district, except as otherwise provided in chapter 299 and this 5 26 chapter.5 27c.b. "Private instruction" means instruction using a 5 28 plan and a course of study in a setting other than a public or 5 29 organized accredited nonpublic school. 5 30 Sec. 10. Section 299A.3, unnumbered paragraph 1, Code 2017, 5 31 is amended to read as follows: 5 32 A parent, guardian, or legal custodian of a child of 5 33 compulsory attendance age providing competent private 5 34 instruction to the childmayshall meet all of the following 5 35 requirements: 6 1 Sec. 11. Section 299A.11, Code 2017, is amended to read as 6 2 follows: 6 3 299A.11 Student records confidential. 6 4 Notwithstanding any provision of law or rule to the 6 5 contrary, personal information in records regarding a child 6 6 receiving competent private instructionor independent private 6 7 instructionpursuant to this chapter, which are maintained, 6 8 created, collected, or assembled by or for a state agency, 6 9 shall be kept confidential in the same manner as personal 6 10 information in student records maintained, created, collected, 6 11 or assembled by or for a school corporation or educational 6 12 institution in accordance with section 22.7, subsection 1. 6 13 Sec. 12. Section 321.178, subsection 1, paragraph c, Code 6 14 2017, is amended to read as follows: 6 15 c. Every public school district in Iowa shall offer 6 16 or make available to all students residing in the school 6 17 district, or Iowa students attending a nonpublic school or 6 18 receiving competent private instructionor independent private 6 19 instruction as defined in section 299A.1,in the district, an 6 20 approved course in driver education. The receiving district 6 21 shall be the school district responsible for making driver 6 22 education available to a student participating in open 6 23 enrollment under section 282.18. The courses may be offered 6 24 at sites other than at the public school, including nonpublic 6 25 school facilities within the public school districts. An 6 26 approved course offered during the summer months, on Saturdays, 6 27 after regular school hours during the regular terms or partly 6 28 in one term or summer vacation period and partly in the 6 29 succeeding term or summer vacation period, as the case may 6 30 be, shall satisfy the requirements of this section to the 6 31 same extent as an approved course offered during the regular 6 32 school hours of the school term. A student who successfully 6 33 completes and obtains certification in an approved course in 6 34 driver education or an approved course in motorcycle education 6 35 may, upon proof of such fact, be excused from any field test 7 1 which the student would otherwise be required to take in 7 2 demonstrating the student's ability to operate a motor vehicle. 7 3 A student shall not be excused from any field test if a parent, 7 4 guardian, or instructor requests that a test be administered. 7 5 A final field test prior to a student's completion of an 7 6 approved course shall be administered by a person qualified 7 7 as a classroom driver education instructor and certified to 7 8 provide street and highway driving instruction. A person 7 9 qualified as a classroom driver education instructor but not 7 10 certified to provide street and highway driving instruction 7 11 may administer the final field test if accompanied by another 7 12 person qualified to provide street and highway driving 7 13 instruction. 7 14 Sec. 13. Section 321.180B, subsection 2, paragraph a, Code 7 15 2017, is amended to read as follows: 7 16 a. The department may issue an intermediate driver's 7 17 license to a person sixteen or seventeen years of age who 7 18 possesses an instruction permit issued under subsection 1 or 7 19 a comparable instruction permit issued by another state for a 7 20 minimum of twelve months immediately preceding application, 7 21 and who presents an affidavit signed by a parent, guardian, or 7 22 custodian on a form to be provided by the department that the 7 23 permittee has accumulated a total of twenty hours of street 7 24 or highway driving of which two hours were conducted after 7 25 sunset and before sunrise and the street or highway driving was 7 26 with the permittee's parent, guardian, custodian, instructor, 7 27 a person certified by the department, or a person at least 7 28 twenty=five years of age who had written permission from a 7 29 parent, guardian, or custodian to accompany the permittee, and 7 30 whose driving privileges have not been suspended, revoked, 7 31 or barred under this chapter or chapter 321J during, and who 7 32 has been accident and violation free continuously for, the 7 33 six=month period immediately preceding the application for an 7 34 intermediate license. An applicant for an intermediate license 7 35 must meet the requirements of section 321.186, including 8 1 satisfactory completion of driver education as required in 8 2 section 321.178or 321.178A, and payment of the required 8 3 license fee before an intermediate license will be issued. A 8 4 person issued an intermediate license must limit the number of 8 5 passengers in the motor vehicle when the intermediate licensee 8 6 is operating the motor vehicle to the number of passenger 8 7 safety belts. In addition, unless waived by the person's 8 8 parent or guardian at the time the intermediate license is 8 9 issued, for the first six months following issuance of the 8 10 license, a person issued an intermediate license must limit the 8 11 number of unrelated minor passengers in the motor vehicle when 8 12 the intermediate licensee is operating the motor vehicle to 8 13 one, except when the intermediate licensee is accompanied in 8 14 accordance with subsection 1. For purposes of this subsection, 8 15 "unrelated minor passenger" means a passenger who is under 8 16 eighteen years of age and who is not a sibling of the driver, a 8 17 stepsibling of the driver, or a child who resides in the same 8 18 household as the driver. The department shall prescribe the 8 19 form for waiver of the six=month restriction on unrelated minor 8 20 passengers, which may be in an electronic format, and shall 8 21 designate characteristics for the intermediate license that 8 22 shall distinguish between an intermediate license that includes 8 23 the six=month restriction on unrelated minor passengers and 8 24 an intermediate license that does not include the six=month 8 25 restriction on unrelated minor passengers. 8 26 Sec. 14. REPEAL. Section 321.178A, Code 2017, is repealed. 8 27 EXPLANATION 8 28 The inclusion of this explanation does not constitute agreement with 8 29 the explanation's substance by the members of the general assembly. 8 30 This bill eliminates changes made relating to private 8 31 instruction, including independent private instruction and 8 32 driver education by a teaching parent, made in 2013 Iowa Acts, 8 33 chapter 121, divisions X, XII, and XIII. 8 34 The bill requires that a parent, guardian, or legal 8 35 custodian of a child of compulsory attendance age placed under 9 1 competent private instruction by a parent, guardian, or legal 9 2 custodian submit to the school district of residence a report 9 3 that states the name and age of the child and the period of 9 4 time the child has been or will be under competent private 9 5 instruction and includes an outline of course study and texts 9 6 used, and the name and address of the instructor, and evidence 9 7 of immunization. The bill also requires the parent, guardian, 9 8 or legal custodian to ensure that the child is evaluated 9 9 annually, and to ensure that the results of the child's annual 9 10 evaluation are reported to the school districts. 9 11 The bill eliminates language that establishes an option for 9 12 independent private instruction under Code chapter 299A and 9 13 makes corresponding changes. 9 14 The bill modifies the definition of "competent private 9 15 instruction" to include instruction by or under the supervision 9 16 of a parent, guardian, or legal custodian. 9 17 The bill also repeals Code section 321.178A, which allows a 9 18 parent, guardian, or legal custodian who is providing competent 9 19 private instruction to a student to teach the student driver 9 20 education provided the parent, guardian, or legal custodian has 9 21 a valid driver's license that permits unaccompanied driving and 9 22 has a clear driving record for the previous two years. LSB 2144YH (2) 87 kh/sc
