Bill Text: IA SF138 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to private instruction by adding a reporting requirement and requiring school districts to conduct health and safety visits for the protection of children placed under competent private instruction or private instruction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-26 - Subcommittee: Behn, Chelgren, and Quirmbach. S.J. 145. [SF138 Detail]
Download: Iowa-2017-SF138-Introduced.html
Senate File 138 - Introduced SENATE FILE 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: TLSB 1697XS (5) 87 kh/nh 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 reportin duplicate on forms 1 10 providedin the form and manner prescribed by thepublicschool 1 11 district,to the districtby 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 meetalleither of the following requirements: 2 41. 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 72.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. 2 113.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. LSB 1697XS (5) 87 kh/nh
