S.F. 160 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 35 -1- LSB 1675SS (4) 84 kh/sc 1/ 8

S.F. 160 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 35 -2- LSB 1675SS (4) 84 kh/sc 2/ 8

S.F. 160 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 , 35 -3- LSB 1675SS (4) 84 kh/sc 3/ 8

S.F. 160 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 35 -4- LSB 1675SS (4) 84 kh/sc 4/ 8

S.F. 160 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 35 -5- LSB 1675SS (4) 84 kh/sc 5/ 8

S.F. 160 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 35 -6- LSB 1675SS (4) 84 kh/sc 6/ 8

S.F. 160 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 -7- LSB 1675SS (4) 84 kh/sc 7/ 8