Iowa-2017-HF368-Introduced
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:
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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 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 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 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 2017, 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 does
1 22 not meet the requirements for an exception under section
1 23 299.2, who does not attend a public school or an accredited
1 24 nonpublic school, who is not receiving competent private
1 25 instruction or independent private instruction in 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 instruction or independent
2 30 private instruction in 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 instruction or
3 8 independent private instruction under 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 instruction or independent private instruction as 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 instruction or independent private
3 34 instruction in 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.1 Competent private Private instruction and 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 instruction or independent private instruction in
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 instruction or 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 4 b. "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 27 c. 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 child may shall 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 instruction or independent private
6 7 instruction pursuant 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 instruction or 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 321.178 or 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.
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