Bill Text: IA HF588 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the establishment of an independent private instruction option for students of compulsory attendance age. (Formerly HSB 147)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF588 Detail]
Download: Iowa-2011-HF588-Introduced.html
House
File
588
-
Introduced
HOUSE
FILE
588
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HSB
147)
A
BILL
FOR
An
Act
relating
to
the
establishment
of
an
independent
private
1
instruction
option
for
students
of
compulsory
attendance
2
age.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
261E.8,
subsection
2,
Code
2011,
is
1
amended
to
read
as
follows:
2
2.
Students
from
accredited
nonpublic
schools
and
students
3
receiving
competent
private
instruction
or
independent
private
4
instruction
under
chapter
299A
may
access
the
program
through
5
the
school
district
in
which
the
accredited
nonpublic
school
or
6
private
institution
is
located.
7
Sec.
2.
Section
299.1,
subsection
1,
Code
2011,
is
amended
8
to
read
as
follows:
9
1.
Except
as
provided
in
section
299.2
,
the
parent,
10
guardian,
or
legal
or
actual
custodian
of
a
child
who
is
of
11
compulsory
attendance
age,
shall
cause
the
child
to
attend
some
12
public
school
,
or
an
accredited
nonpublic
school,
or
place
13
the
child
under
competent
private
instruction
or
independent
14
private
instruction
in
accordance
with
the
provisions
of
15
chapter
299A
,
during
a
school
year
,
as
defined
under
section
16
279.10
.
17
Sec.
3.
Section
299.1B,
Code
2011,
is
amended
to
read
as
18
follows:
19
299.1B
Failure
to
attend
——
driver’s
license.
20
A
person
who
is
of
compulsory
attendance
age,
who
is
not
21
exempt
under
section
299.2,
who
does
not
attend
a
public
22
school
,
or
an
accredited
nonpublic
school,
who
is
not
23
receiving
competent
private
instruction
or
independent
private
24
instruction
in
accordance
with
the
provisions
of
chapter
25
299A
,
and
who
does
not
attend
an
alternative
school
,
or
adult
26
education
classes
,
shall
not
receive
an
intermediate
or
full
27
driver’s
license
until
age
eighteen.
28
Sec.
4.
Section
299.6A,
subsection
1,
Code
2011,
is
amended
29
to
read
as
follows:
30
1.
In
lieu
of
a
criminal
proceeding
under
section
299.6
,
31
a
county
attorney
may
bring
a
civil
action
against
a
parent,
32
guardian,
or
legal
or
actual
custodian
of
a
child
who
is
of
33
compulsory
attendance
age,
has
not
completed
educational
34
requirements,
and
is
truant,
if
the
parent,
guardian,
or
legal
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or
actual
custodian
has
failed
to
cause
the
child
to
attend
a
1
public
school
,
or
an
accredited
nonpublic
school,
or
placed
2
the
child
under
competent
private
instruction
or
independent
3
private
instruction
in
the
manner
provided
in
this
chapter
.
If
4
the
court
finds
that
the
parent,
guardian,
or
legal
or
actual
5
custodian
has
failed
to
cause
the
child
to
attend
as
required
6
in
this
section
,
the
court
shall
assess
a
civil
penalty
of
not
7
less
than
one
hundred
but
not
more
than
one
thousand
dollars
8
for
each
violation
established.
9
Sec.
5.
Section
299.8,
Code
2011,
is
amended
to
read
as
10
follows:
11
299.8
“Truant”
defined.
12
Any
child
of
compulsory
attendance
age
who
fails
to
attend
13
school
as
provided
in
this
chapter
,
or
as
required
by
the
14
school
board’s
or
school
governing
body’s
attendance
policy,
15
or
who
fails
to
attend
competent
private
instruction
or
16
independent
private
instruction
under
chapter
299A
,
without
17
reasonable
excuse
for
the
absence,
shall
be
deemed
to
be
a
18
truant.
A
finding
that
a
child
is
truant,
however,
shall
not
19
by
itself
mean
that
the
child
is
a
child
in
need
of
assistance
20
within
the
meaning
of
chapter
232
and
shall
not
be
the
sole
21
basis
for
a
child
in
need
of
assistance
petition.
22
Sec.
6.
Section
299.11,
unnumbered
paragraph
1,
Code
2011,
23
is
amended
to
read
as
follows:
24
The
truancy
officer
may
take
into
custody
without
warrant
25
any
apparently
truant
child
and
place
the
child
in
the
26
charge
of
the
school
principal,
or
the
principal’s
designee,
27
designated
by
the
board
of
directors
of
the
school
district
28
in
which
the
child
resides,
or
of
any
nonpublic
school
,
or
29
any
authority
providing
competent
private
instruction
or
30
independent
private
instruction
as
defined
in
section
299A.1,
31
subsection
2,
designated
by
the
parent,
guardian,
or
legal
or
32
actual
custodian;
but
if
it
is
other
than
a
public
school,
33
the
instruction
and
maintenance
of
the
child
shall
be
without
34
expense
to
the
school
district.
If
a
child
is
taken
into
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custody
under
this
section
,
the
truancy
officer
shall
make
1
every
reasonable
attempt
to
immediately
notify
the
parent,
2
guardian,
or
legal
or
actual
custodian
of
the
child’s
location.
3
Sec.
7.
Section
299.12,
subsection
2,
Code
2011,
is
amended
4
to
read
as
follows:
5
2.
This
section
is
not
applicable
to
a
child
who
is
6
receiving
competent
private
instruction
or
independent
private
7
instruction
in
accordance
with
the
requirements
of
chapter
8
299A
.
If
a
child
is
not
in
compliance
with
the
attendance
9
requirements
established
under
section
299.1
,
and
has
not
10
completed
educational
requirements
through
the
sixth
grade,
11
and
the
school
has
used
every
means
available
to
assure
the
12
child
does
attend,
the
school
truancy
officer
shall
contact
13
the
child’s
parent,
guardian,
or
legal
or
actual
custodian
to
14
participate
in
an
attendance
cooperation
meeting.
The
parties
15
to
the
attendance
cooperation
meeting
may
include
the
child
16
and
shall
include
the
child’s
parent,
guardian,
or
legal
or
17
actual
custodian
and
the
school
truancy
officer.
The
school
18
truancy
officer
contacting
the
participants
in
the
attendance
19
cooperation
meeting
may
invite
other
school
officials,
a
20
designee
of
the
juvenile
court,
the
county
attorney
or
the
21
county
attorney’s
designee,
or
other
persons
deemed
appropriate
22
to
participate
in
the
attendance
cooperation
meeting.
23
Sec.
8.
Section
299A.1,
Code
2011,
is
amended
to
read
as
24
follows:
25
299A.1
Private
Competent
private
instruction
and
independent
26
private
instruction
.
27
1.
The
parent,
guardian,
or
legal
custodian
of
a
child
of
28
compulsory
attendance
age
who
places
the
child
under
private
29
instruction
shall
provide,
unless
otherwise
exempted,
competent
30
private
instruction
or
independent
private
instruction
in
31
accordance
with
this
chapter
.
A
parent,
guardian,
or
legal
32
custodian
of
a
child
of
compulsory
attendance
age
who
places
33
the
child
under
private
instruction
which
is
not
competent
34
private
instruction
or
independent
private
instruction
,
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or
otherwise
fails
to
comply
with
the
requirements
of
this
1
chapter
,
is
subject
to
the
provisions
of
sections
299.1
through
2
299.4
and
the
penalties
provided
in
section
299.6
.
3
2.
For
purposes
of
this
chapter
,
“competent
and
chapter
299:
4
a.
“Competent
private
instruction”
means
private
instruction
5
provided
on
a
daily
basis
for
at
least
one
hundred
forty-eight
6
days
during
a
school
year,
to
be
met
by
attendance
for
at
7
least
thirty-seven
days
each
school
quarter,
by
or
under
the
8
supervision
of
a
licensed
practitioner
in
the
manner
provided
9
under
section
299A.2
,
or
other
person
under
section
299A.3
,
10
which
results
in
the
student
making
adequate
progress.
11
For
purposes
of
this
chapter
and
chapter
299
,
“private
12
instruction”
13
b.
“Independent
private
instruction”
means
instruction
that
14
meets
the
following
criteria:
15
(1)
Is
not
accredited.
16
(2)
Enrolls
not
more
than
four
unrelated
students.
17
(3)
Does
not
charge
tuition,
fees,
or
other
remuneration
for
18
instruction.
19
(4)
Provides
private
or
religious-based
instruction
as
its
20
primary
purpose.
21
(5)
Provides
enrolled
students
with
instruction
in
22
mathematics,
reading
and
language
arts,
science,
and
social
23
studies.
24
(6)
Provides,
upon
written
request
from
the
superintendent
25
of
the
school
district
in
which
the
independent
private
26
instruction
is
provided,
or
from
the
director
of
the
department
27
of
education,
a
report
identifying
the
primary
instructor,
28
location,
name
of
the
authority
responsible
for
the
independent
29
private
instruction,
and
the
names
of
the
students
enrolled.
30
(7)
Is
not
a
nonpublic
school
and
does
not
provide
competent
31
private
instruction
as
defined
in
this
subsection.
32
(8)
Is
exempt
from
all
state
statutes
and
administrative
33
rules
applicable
to
a
school,
a
school
board,
or
a
school
34
district,
except
as
otherwise
provided
in
chapter
299
and
this
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chapter.
1
c.
“Private
instruction”
means
instruction
using
a
plan
and
2
a
course
of
study
in
a
setting
other
than
a
public
or
organized
3
accredited
nonpublic
school.
4
Sec.
9.
Section
299A.11,
Code
2011,
is
amended
to
read
as
5
follows:
6
299A.11
Student
records
confidential.
7
Notwithstanding
any
provision
of
law
or
rule
to
the
8
contrary,
personal
information
in
records
regarding
a
child
9
receiving
competent
private
instruction
or
independent
private
10
instruction
pursuant
to
this
chapter
,
which
are
maintained,
11
created,
collected,
or
assembled
by
or
for
a
state
agency,
12
shall
be
kept
confidential
in
the
same
manner
as
personal
13
information
in
student
records
maintained,
created,
collected,
14
or
assembled
by
or
for
a
school
corporation
or
educational
15
institution
in
accordance
with
section
22.7,
subsection
1
.
16
Sec.
10.
Section
321.178,
subsection
1,
paragraph
c,
Code
17
2011,
is
amended
to
read
as
follows:
18
c.
Every
public
school
district
in
Iowa
shall
offer
or
make
19
available
to
all
students
residing
in
the
school
district
,
20
or
Iowa
students
attending
a
nonpublic
school
or
receiving
21
independent
private
instruction
as
defined
in
section
299A.1,
22
subsection
2,
in
the
district
,
an
approved
course
in
driver
23
education.
The
receiving
district
shall
be
the
school
district
24
responsible
for
making
driver
education
available
to
a
student
25
participating
in
open
enrollment
under
section
282.18
.
The
26
courses
may
be
offered
at
sites
other
than
at
the
public
27
school,
including
nonpublic
school
facilities
within
the
public
28
school
districts.
An
approved
course
offered
during
the
summer
29
months,
on
Saturdays,
after
regular
school
hours
during
the
30
regular
terms
or
partly
in
one
term
or
summer
vacation
period
31
and
partly
in
the
succeeding
term
or
summer
vacation
period,
32
as
the
case
may
be,
shall
satisfy
the
requirements
of
this
33
section
to
the
same
extent
as
an
approved
course
offered
during
34
the
regular
school
hours
of
the
school
term.
A
student
who
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successfully
completes
and
obtains
certification
in
an
approved
1
course
in
driver
education
or
an
approved
course
in
motorcycle
2
education
may,
upon
proof
of
such
fact,
be
excused
from
any
3
field
test
which
the
student
would
otherwise
be
required
to
4
take
in
demonstrating
the
student’s
ability
to
operate
a
motor
5
vehicle.
A
student
shall
not
be
excused
from
any
field
test
6
if
a
parent,
guardian,
or
instructor
requests
that
a
test
7
be
administered.
A
final
field
test
prior
to
a
student’s
8
completion
of
an
approved
course
shall
be
administered
by
a
9
person
qualified
as
a
classroom
driver
education
instructor
and
10
certified
to
provide
street
and
highway
driving
instruction.
A
11
person
qualified
as
a
classroom
driver
education
instructor
but
12
not
certified
to
provide
street
and
highway
driving
instruction
13
may
administer
the
final
field
test
if
accompanied
by
another
14
person
qualified
to
provide
street
and
highway
driving
15
instruction.
16
EXPLANATION
17
This
bill
establishes
under
the
Code
chapter
governing
18
private
instruction
an
option
for
independent
private
19
instruction.
20
Under
the
bill,
“independent
private
instruction”
means
21
instruction
that
is
not
accredited;
enrolls
not
more
than
22
four
unrelated
students;
does
not
charge
tuition,
fees,
23
or
other
remuneration
for
instruction;
provides
private
or
24
religious-based
instruction
as
its
primary
purpose;
provides
25
enrolled
students
with
instruction
in
mathematics,
reading
and
26
language
arts,
science,
and
social
studies;
provides,
upon
27
written
request
from
the
superintendent
of
the
school
district
28
in
which
the
independent
private
instruction
is
provided
or
29
from
the
director
of
the
department
of
education,
a
report
30
identifying
the
primary
instructor,
location,
name
of
the
31
authority
responsible
for
the
independent
private
instruction,
32
and
the
names
of
the
students
enrolled;
is
not
a
nonpublic
33
school
and
is
distinct
from
competent
private
instruction
as
34
defined
in
Code
chapter
299A(2);
and
is
exempt
from
all
state
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588
statutes
and
administrative
rules
applicable
to
a
school,
1
a
school
board,
or
a
school
district,
except
as
otherwise
2
provided
in
Code
chapters
299
and
299A,
relating
to
compulsory
3
education
and
private
instruction.
4
Students
who
are
receiving
independent
private
instruction
5
are
allowed
to
access
the
district-to-community
college
sharing
6
or
concurrent
enrollment
program
through
the
school
district
in
7
which
the
private
institution
is
located.
8
Students
who
receive
independent
private
instruction
are
9
not
deemed
truant
unless
they
fail
to
attend
the
independent
10
private
instruction.
A
truancy
officer
may
take
into
custody
11
without
warrant
any
apparently
truant
child
and
place
the
child
12
enrolled
in
independent
private
instruction
in
the
charge
13
of
the
authority
providing
independent
private
instruction
14
designated
by
the
parent,
guardian,
or
legal
or
actual
15
custodian.
Code
section
299.12,
which
provides
for
attendance
16
cooperation
meetings
and
agreements,
is
inapplicable
to
a
child
17
receiving
independent
private
instruction.
18
Personal
information
in
records
regarding
a
child
receiving
19
independent
private
instruction
that
are
maintained,
created,
20
collected,
or
assembled
by
or
for
a
state
agency,
shall
be
kept
21
confidential
in
the
same
manner
as
personal
information
in
22
student
records
maintained,
created,
collected,
or
assembled
by
23
or
for
a
school
corporation
or
educational
institution.
24
The
public
school
district
in
which
a
student
receives
25
independent
private
instruction
shall
offer
or
make
available
26
to
the
student
an
approved
course
in
driver
education.
27
A
student
receiving
independent
private
instruction
is
not
28
required
to
meet
the
competent
private
instruction
requirements
29
of
Code
chapter
299A,
such
as
annual
achievement
evaluations
30
and
requirements
establishing
consequences
for
failure
to
make
31
adequate
progress,
nor
are
they
eligible
to
participate
in
32
dual
enrollment
and
the
home
school
assistance
program.
A
33
child
identified
as
requiring
special
education
is
eligible
for
34
placement
under
competent
private
instruction,
but
not
if
the
35
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