House File 40 - Introduced



                                     HOUSE FILE       
                                     BY  HEDDENS, HUNTER, ABDUL=SAMAD,
                                         FORD, WHITEAD, WENDT,
                                         DOLECHECK, GASKILL, LUKAN,
                                         MURPHY, KELLEY, D. TAYLOR,
                                         BERRY, WHITAKER, PALMER,
                                         and D. OLSON

                                     (COMPANION TO LSB 1343SS
                                      BY DANDEKAR)


    Passed House,  Date              Passed Senate, Date              
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the compulsory school attendance age and
  2    providing effective dates.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1343HH 83
  5 kh/nh/14

PAG LIN



  1  1    Section 1.  Section 299.1A, Code 2009, is amended to read
  1  2 as follows:
  1  3    299.1A  COMPULSORY ATTENDANCE AGE.
  1  4    1.  a.  A Except as provided in paragraph "b" and section
  1  5 299.2, a child who has reached the age of six and is under
  1  6 sixteen through seventeen years of age by September 15 is of
  1  7 compulsory attendance age.  However, if a child enrolled in a
  1  8 school district or accredited nonpublic school reaches the age
  1  9 of sixteen on or after September 15, the child remains of
  1 10 compulsory age until the end of the regular school calendar.
  1 11    b.  A child who will receive competent private instruction
  1 12 in accordance with chapter 299A and who reaches the age of six
  1 13 by September 15 is of compulsory attendance age.  A child
  1 14 receiving such private instruction is of compulsory attendance
  1 15 age until the age of sixteen if the child reaches age sixteen
  1 16 on or before September 15.  A child receiving such private
  1 17 instruction who reaches age sixteen on or after September 15
  1 18 remains of compulsory attendance age until the end of the
  1 19 school year.
  1 20    2.  a.  An individual who reaches the age of eighteen on or
  1 21 after September 15 during the school year and intends to
  1 22 terminate school enrollment prior to graduation is encouraged
  1 23 to file with the board of directors of the school district or
  1 24 the accredited nonpublic school of enrollment a formal
  1 25 declaration of intent to terminate school enrollment and, to
  1 26 the degree possible, participate in an exit interview pursuant
  1 27 to paragraph "b" and complete a survey in accordance with
  1 28 paragraph "c".  The school district or accredited nonpublic
  1 29 school shall make every effort to notify the individual's
  1 30 parent or guardian of receipt of the individual's declaration
  1 31 of intent to terminate school enrollment.
  1 32    b.  To the degree possible, a guidance counselor or other
  1 33 school personnel designated by the school district or
  1 34 accredited nonpublic school shall conduct an exit interview
  1 35 with the individual to do all of the following:
  2  1    (1)  Determine the reasons for the individual's decision to
  2  2 terminate school enrollment.
  2  3    (2)  Discuss actions that could be taken to assist the
  2  4 individual to stay in school.
  2  5    (3)  Inform the individual of opportunities to continue the
  2  6 individual's education in a different environment, including
  2  7 but not limited to adult education and test preparation
  2  8 designed to qualify the individual for a high school
  2  9 equivalency diploma.
  2 10    c.  To the degree possible, the individual and the
  2 11 individual's parent or guardian are encouraged to complete a
  2 12 survey provided by the school district in a format prescribed
  2 13 by the department of education to provide data on the
  2 14 individual's reasons for terminating enrollment and actions
  2 15 taken by the school to keep the individual enrolled.  The
  2 16 survey shall include an open=ended question asking why the
  2 17 individual is dropping out of school.  The school district or
  2 18 accredited nonpublic school shall submit the data from the
  2 19 completed surveys to the department of education annually.
  2 20    Sec. 2.  Section 299.2, unnumbered paragraph 1, Code 2009,
  2 21 is amended to read as follows:
  2 22    Section Sections 299.1 and 299.1A shall not apply to any
  2 23 child:
  2 24    Sec. 3.  Section 299A.8, Code 2009, is amended to read as
  2 25 follows:
  2 26    299A.8  DUAL ENROLLMENT.
  2 27    If a parent, guardian, or legal custodian of a child who is
  2 28 receiving competent private instruction under this chapter or
  2 29 a child over compulsory age who is receiving private
  2 30 instruction submits a request, the child shall also be
  2 31 registered in a public school for dual enrollment purposes.
  2 32 If the child is enrolled in a public school district for dual
  2 33 enrollment purposes, the child shall be permitted to
  2 34 participate in any academic activities in the district and
  2 35 shall also be permitted to participate on the same basis as
  3  1 public school children in any extracurricular activities
  3  2 available to children in the child's grade or group, and the
  3  3 parent, guardian, or legal custodian shall not be required to
  3  4 pay the costs of any annual evaluation under this chapter.  If
  3  5 the child is enrolled for dual enrollment purposes, the child
  3  6 shall be included in the public school's basic enrollment
  3  7 under section 257.6.  A pupil who is participating only in
  3  8 extracurricular activities shall be counted under section
  3  9 257.6, subsection 1, paragraph "a", subparagraph (6).  A pupil
  3 10 enrolled in grades nine through twelve under this section
  3 11 shall be counted in the same manner as a shared=time pupil
  3 12 under section 257.6, subsection 1, paragraph "a", subparagraph
  3 13 (3).
  3 14    Sec. 4.  SCHOOL DISTRICT COMPULSORY ATTENDANCE SUPPORT
  3 15 REVIEW.  The board of directors of each school district shall,
  3 16 during the school year beginning July 1, 2009, convene a
  3 17 working group comprised of educational and community
  3 18 stakeholders to review financial and programmatic supports for
  3 19 students affected by an increase in the compulsory attendance
  3 20 age from sixteen through seventeen.  The working group shall
  3 21 consider, at a minimum, the necessity of expansion of support
  3 22 programs and services for such students, web=based at=risk
  3 23 academy courses, summer school offerings, credit recovery
  3 24 efforts, mentoring and tutoring services, before and after
  3 25 school supports, career academies, and at=risk allowable
  3 26 growth provisions, and the use of the instructional support
  3 27 levy.  The working group shall include in the comprehensive
  3 28 school improvement plan submitted to the department of
  3 29 education in accordance with section 256.7, subsection 21, a
  3 30 plan for addressing the needs of students at risk of dropping
  3 31 out, including any proposed changes to the local program or
  3 32 funding priorities.
  3 33    Sec. 5.  COMPULSORY ATTENDANCE WORKING GROUP.  The
  3 34 department of education shall convene a working group
  3 35 comprised of the director of the department of education, or
  4  1 the director's designee, and other education stakeholders
  4  2 appointed by the department to review supports for students
  4  3 affected by an increase in the compulsory attendance age from
  4  4 sixteen to eighteen years of age.  The working group shall
  4  5 consider, at a minimum, the necessity of expansion of support
  4  6 programs and services for such students, online at=risk
  4  7 academy courses, career academies, and current at=risk
  4  8 allowable growth provisions, and full funding of the
  4  9 instructional support levy.  The working group shall submit
  4 10 its findings and recommendations, including any proposed
  4 11 changes in policy or statute, to the state board of education
  4 12 and the general assembly by January 15, 2010.
  4 13    Sec. 6.  STATE MANDATE FUNDING SPECIFIED.  In accordance
  4 14 with section 25B.2, subsection 3, the state cost of requiring
  4 15 compliance with any state mandate included in this Act shall
  4 16 be paid by a school district from state school foundation aid
  4 17 received by the school district under section 257.16.  This
  4 18 specification of the payment of the state cost shall be deemed
  4 19 to meet all the state funding=related requirements of section
  4 20 25B.2, subsection 3, and no additional state funding shall be
  4 21 necessary for the full implementation of this Act by and
  4 22 enforcement of this Act against all affected school districts.
  4 23    Sec. 7.  EFFECTIVE DATES.  The section of this Act
  4 24 providing for a compulsory attendance working group takes
  4 25 effect July 1, 2009, and the remainder of the Act takes effect
  4 26 July 1, 2010.
  4 27                           EXPLANATION
  4 28    This bill raises the compulsory school attendance age from
  4 29 16 to 17 for students other than those receiving competent
  4 30 private instruction.  The bill encourages students, other than
  4 31 those who received competent private instruction, who reach
  4 32 age 18 on or after September 15 and intend to leave school, to
  4 33 file with the school district or accredited nonpublic school a
  4 34 formal declaration of intent to terminate school enrollment
  4 35 and, to the degree possible, participate in an exit interview
  5  1 and complete a survey that will provide data annually to the
  5  2 department of education regarding the reasons students are
  5  3 terminating enrollment.
  5  4    The school district or nonpublic school must make every
  5  5 effort to notify the individual's parent or guardian of a
  5  6 student's intent to terminate enrollment.  To the degree
  5  7 possible, in conducting the exit interview, school personnel
  5  8 must determine the reasons for the individual's decision to
  5  9 terminate school enrollment, discuss actions that could be
  5 10 taken to assist the individual to stay in school, and inform
  5 11 the individual of opportunities to continue the individual's
  5 12 education in a different environment, including but not
  5 13 limited to adult education and test preparation designed to
  5 14 qualify the individual for a high school equivalency diploma.
  5 15 The survey must include an open=ended question asking why the
  5 16 student is dropping out.
  5 17    The bill directs each school district to convene a working
  5 18 group during the 2009=2010 school year to review financial and
  5 19 programmatic supports for students affected by the increase in
  5 20 the compulsory age of attendance.  The working group must
  5 21 include in the school district's comprehensive school
  5 22 improvement plan a plan for addressing the needs of students
  5 23 at risk of dropping out.
  5 24    The bill also directs the department of education to
  5 25 convene a compulsory attendance working group.  The working
  5 26 group is to review supports for affected students and to
  5 27 consider the necessity of expanding support programs and
  5 28 services, online at=risk academy courses, career academies,
  5 29 current at=risk allowable growth provisions, and full funding
  5 30 of the instructional support levy.  The working group must
  5 31 submit a report to the general assembly and the department of
  5 32 education by January 15, 2010.
  5 33    The bill includes technical amendments to eliminate a
  5 34 reference to the compulsory attendance age for purposes of
  5 35 dual enrollment and to exempt children who meet conditions
  6  1 existing in Code section 299.2.
  6  2    The provision relating to the compulsory attendance working
  6  3 group takes effect July 1, 2009, while the remainder of the
  6  4 bill takes effect July 1, 2010.
  6  5    The bill may include a state mandate as defined in Code
  6  6 section 25B.3.  The bill requires that the state cost of any
  6  7 state mandate included in the bill be paid by a school
  6  8 district from state school foundation aid received by the
  6  9 school district under Code section 257.16.  The specification
  6 10 is deemed to constitute state compliance with any state
  6 11 mandate funding=related requirements of Code section 25B.2.
  6 12 The inclusion of this specification is intended to reinstate
  6 13 the requirement of political subdivisions to comply with any
  6 14 state mandates included in the bill.
  6 15 LSB 1343HH 83
  6 16 kh/nh/14