Bill Text: IA SF391 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to independent private instruction and to funding for the home school assistance program.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-03-01 - Subcommittee: Behn, Chelgren, and Quirmbach. S.J. 446. [SF391 Detail]
Download: Iowa-2017-SF391-Introduced.html
Senate File 391 - Introduced SENATE FILE BY QUIRMBACH A BILL FOR 1 An Act relating to independent private instruction and to 2 funding for the home school assistance program. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1556XS (3) 87 kh/jh PAG LIN 1 1 Section 1. Section 257.6, subsection 1, paragraph a, 1 2 subparagraph (5), Code 2017, is amended to read as follows: 1 3 (5) Resident pupils receiving competent private instruction 1 4 from a licensed practitioner provided through a public 1 5 school district pursuant to chapter 299A shall be counted as 1 6three=tenthsfour=tenths of one pupil. Revenues received by 1 7 a school district attributed to a school district's weighted 1 8 enrollment pursuant to this subparagraph shall be expended 1 9 for the purpose for which the weighting was assigned under 1 10 this subparagraph. If the school district determines that 1 11 the expenditures associated with providing competent private 1 12 instruction pursuant to chapter 299A are in excess of the 1 13 revenue attributed to the school district's weighted enrollment 1 14 for such instruction in accordance with this subparagraph, 1 15 the school district may submit a request to the school budget 1 16 review committee for a modified supplemental amount in 1 17 accordance with section 257.31, subsection 5, paragraph "n". 1 18 A home school assistance program shall not provide moneys 1 19 received pursuant to this subparagraph, nor resources paid 1 20 for with moneys received pursuant to this subparagraph, to 1 21 parents or students utilizing the program. Moneys received by 1 22 a school district pursuant to this subparagraph shall be used 1 23 as provided in section 299A.12. 1 24 Sec. 2. Section 299.4, subsection 1, Code 2017, is amended 1 25 to read as follows: 1 26 1. The parent, guardian, or legal custodian of a child 1 27 who is of compulsory attendance age, who places the child 1 28 under competent private instruction under section 299A.2 or 1 29 in independent private instruction under chapter 299A, not 1 30 in an accredited school or a home school assistance program 1 31 operated by a school district or accredited nonpublic school, 1 32 shall furnish a reportin duplicate on forms provided byto 1 33 the public school district, toin the manner specified by the 1 34 district, by September 1 of the school year in which the child 1 35 will be under competent private instruction or in independent 2 1 private instruction. The secretary shall retain and fileone 2 2 copythe report and forwardthe othera copy to the district's 2 3 area education agency. The report shall state the name and 2 4 age of the child, the period of time during which the child 2 5 has been or will be under competent private instruction or 2 6 in independent private instruction for the year, an outline 2 7 of the course of study, texts used, and the name and address 2 8 of the instructor. The parent, guardian, or legal custodian 2 9 of a child, who is placing the child under competent private 2 10 instruction or in independent private instruction for the first 2 11 time, shall also provide the district with evidence that the 2 12 child has had the immunizations required under section 139A.8, 2 13 and, if the child is elementary school age, a blood lead test 2 14 in accordance with section 135.105D. The term "outline of 2 15 course of study" shall include subjects covered, lesson plans, 2 16 and time spent on the areas of study. 2 17 Sec. 3. Section 299A.4, subsections 1, 2, 3, and 4, Code 2 18 2017, are amended to read as follows: 2 19 1. Each child of compulsory attendance age who is 2 20 receiving competent private instruction or independent private 2 21 instruction shall either be evaluated annually by May 1, using 2 22 a nationally recognized standardized achievement evaluation or 2 23 other assessment tool developed or recognized by the department 2 24 of education and chosen by the child's parent, guardian, 2 25 or legal custodian from a list of approved evaluations or 2 26 assessment tools provided by the department of education or 2 27 be evaluated annually in the manner provided in subsection 2 28 7. The department shall provide information on the cost of 2 29 and the administration time required for each of the approved 2 30 evaluations. The department shall provide, as part of approval 2 31 procedures for evaluations to be used under this section, a 2 32 mechanism which permits the introduction and approval of new 2 33 or alternate methods of educational assessment which meet the 2 34 requirements of this chapter. 2 35 2. A child, who is seven years of age and is receiving 3 1 competent private instruction or independent private 3 2 instruction or who is placed undercompetent privatesuch 3 3 instruction for the first time, shall be administered an 3 4 evaluation for purposes of obtaining educational baseline data. 3 5 3. The director of the department of education, or the 3 6 director's designee, which may include a school district or an 3 7 area education agency, shall conduct the evaluations required 3 8 under subsections 1 and 2 for children under competent private 3 9 instruction or independent private instruction. Evaluation 3 10 shall occur at a time and a place to be determined by the person 3 11 responsible for conducting the evaluation. Persons conducting 3 12 the evaluations shall make every reasonable effort to conduct 3 13 the evaluations at times and places which are convenient either 3 14 for the parent, guardian, or legal custodian if the child is 3 15 receiving competent private instruction, or for the authority 3 16 responsible for the independent private instruction if the 3 17 child is receiving independent private instruction. 3 18 4. The parent, guardian, or legal custodian of a child 3 19 receiving competent private instruction or independent private 3 20 instruction may be present when the child is evaluated, 3 21 but only if both the parent, guardian, or legal custodian 3 22 and the child are under the supervision of the evaluation 3 23 administrator. The authority responsible for the independent 3 24 private instruction may also be present when the child 3 25 receiving independent private instruction is evaluated, but 3 26 only if the persons present are all under the supervision of 3 27 the evaluation administrator. 3 28 Sec. 4. Section 299A.4, subsection 7, paragraph a, 3 29 subparagraph (3), Code 2017, is amended to read as follows: 3 30 (3) Completed assessment evaluations, other than the 3 31 annual achievement evaluation, if assessment evaluations are 3 32 administered to a pupil as part of the competent private 3 33 instruction by the parent, guardian, or legal custodian or 3 34 as part of independent private instruction by the authority 3 35 responsible for the independent private instruction. 4 1 Sec. 5. Section 299A.5, Code 2017, is amended to read as 4 2 follows: 4 3 299A.5 Reporting of evaluation results. 4 4 1. The results of evaluations administered to children 4 5 of compulsory attendance agewho areunder sections 299A.3, 4 6 299A.4, and 299A.9 shall be reported to the following: 4 7 a. For children receiving competent private instruction 4 8 or independent private instruction, the evaluation shall be 4 9 reported by the evaluation administrator to the child's parent, 4 10 guardian, or legal custodian,theand for children receiving 4 11 independent private instruction, to the authority responsible 4 12 for providing the independent private instruction. 4 13 b. The school district of residence of the child, and the. 4 14 c. The department of education. 4 15 2. Personally identifiable information relating to or 4 16 contained in the evaluation scores is confidential and shall 4 17 not be released without the prior consent of the child's 4 18 parent, guardian, or custodian except as otherwise permitted 4 19 by law. 4 20 Sec. 6. Section 299A.6, Code 2017, is amended to read as 4 21 follows: 4 22 299A.6 Failure to make adequate progress. 4 23 1. If the results of evaluations, administered to a child 4 24 of compulsory attendance age who is under competent private 4 25 instruction or receiving independent private instruction, 4 26 indicate that thestudentchild has failed to make adequate 4 27 progress, the parent, guardian, or legal custodian shall 4 28 cause the child to attend an accredited public or nonpublic 4 29 school at the beginning of the next school year unless, before 4 30 the beginning of the next school year, the child retakes a 4 31 different form of the same evaluation, or another evaluation 4 32 from the approved list of tests or assessment tools recognized 4 33 by the department of education, and the results indicate that 4 34 adequate progress has been made, the child has demonstrated 4 35 adequate performance in the opinion of an evaluator and 5 1 documented in a report under section 299A.4, subsection 7, or 5 2 the director of the department of education, or the director's 5 3 designee, grants approval for competent private instruction or 5 4 independent private instruction to continue under a plan for 5 5 remediation. 5 6 2. A child who is required to attend an accredited public or 5 7 nonpublic school under this section shall continue attendance 5 8 at an accredited public or nonpublic school until the child 5 9 achieves adequate progress. 5 10 3. For purposes of this chapter, "adequate progress" 5 11 means, for children in all grade levels of competent private 5 12 instruction or independent private instruction, evaluation 5 13 scores which are above the thirtieth percentile, nationally 5 14 normed, in each of the areas of reading, mathematics, and 5 15 language arts, and which indicate either that the child has 5 16 made six months' progress from the previous evaluation results 5 17 or that the child is at or above grade level for the child's 5 18 age. For children in grade levels six and above, "adequate 5 19 progress" also means that the child has achieved evaluation 5 20 scores in both science and social studies which are above the 5 21 thirtieth percentile, nationally normed, and which either 5 22 indicate that the child has made six months' progress from the 5 23 previous evaluation results or that the child is at or above 5 24 grade level for the child's age. 5 25 Sec. 7. Section 299A.7, Code 2017, is amended to read as 5 26 follows: 5 27 299A.7 Notice to parents == remediation. 5 28 If a child is placed under competent private instruction 5 29 or is receiving independent private instruction and the 5 30 child fails to make adequate progressunder competent private 5 31 instruction, the director of the department of education, or 5 32 the director's designee, shall notify the parent, guardian, 5 33 or custodian of the child that the child is required to 5 34 attend an accredited public or nonpublic school, unless 5 35 approval for competent private instruction or independent 6 1 private instruction under a remediation plan is granted. The 6 2 director, or the director's designee, may provisionally approve 6 3 continued competent private instruction or independent private 6 4 instruction under an approved remediation plan designed to 6 5 improve instruction for up to one year. 6 6 EXPLANATION 6 7 The inclusion of this explanation does not constitute agreement with 6 8 the explanation's substance by the members of the general assembly. 6 9 This bill establishes reporting and assessment requirements 6 10 for independent private instruction and increases the weighting 6 11 from 0.3 to 0.4 of one pupil for resident pupils receiving 6 12 competent private instruction from a licensed practitioner who 6 13 are enrolled in a school district and receiving services under 6 14 the school district's home school assistance program. 6 15 The parent, guardian, or legal custodian of a child who 6 16 places the child in independent private instruction must 6 17 furnish a report to the public school district by September 1 6 18 stating the child's name and age, the period of time the child 6 19 has been or will be in independent private instruction for the 6 20 year, an outline of the course of study, including subjects 6 21 covered, lesson plans, time spent, texts used, and the name 6 22 and address of the instructor; and shall also provide the 6 23 district with evidence that the child has had the required 6 24 immunizations, and, if the child is elementary school age, a 6 25 blood lead test. 6 26 A child in independent private instruction must be 6 27 evaluated for purposes of obtaining educational baseline 6 28 data at age seven and annually by May 1 using a nationally 6 29 recognized standardized achievement evaluation or other 6 30 department=approved assessment tool. Persons conducting the 6 31 evaluations must make every reasonable effort to conduct the 6 32 evaluations at times and places which are convenient for the 6 33 authority responsible for the independent private instruction. 6 34 The parent, guardian, or legal custodian of the child and 6 35 the independent private instruction authority may be present 7 1 when the child is evaluated. Currently, the Code allows 7 2 the submission of alternatives to the annual achievement 7 3 evaluations. 7 4 The evaluation results must be reported to the parent, 7 5 guardian, or legal custodian, and to the authority responsible 7 6 for providing the independent private instruction. If 7 7 the results indicate the child has failed to make adequate 7 8 progress, the parent, guardian, or legal custodian must either 7 9 enroll the child in an accredited public or nonpublic school 7 10 at the beginning of the next school year or retest the child. 7 11 If the results of the retest show adequate progress, the child 7 12 may continue independent private instruction under a plan 7 13 for remediation. Otherwise, the child must continue in an 7 14 accredited school until achieving adequate progress. LSB 1556XS (3) 87 kh/jh
