HF 272 (LSB 2170YH (1) 88)

HOUSE FILE 272

BY  MASCHER

A BILL FOR

An Act relating to private instruction by adding reporting requirements and requiring school districts to conduct health and safety visits for children placed under independent private instruction or private instruction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 299.4, subsection 1, Code 2019, is amended to read as follows:
   1.  The parent, guardian, or legal custodian of a child who is of compulsory attendance age, who places the child under competent private instruction under section 299A.2, independent private instruction, or private instruction under chapter 299A, not in an accredited school or a home school assistance program operated by a school district or accredited nonpublic school, shall furnish to the school district of residence a report in duplicate on forms provided in the form and manner prescribed by the public school district, to the district by September 1 of the school year in which the child will be under competent private instruction, independent private instruction, or private instruction. The secretary shall retain and file one copy and forward the other copy to the district’s area education agency. The report shall state the name and age of the child, the period of time during which the child has been or will be under competent private instruction, independent private instruction, or private instruction for the year, an outline of the course of study, texts used, and the name and address of the instructor. The parent, guardian, or legal custodian of a child, who is placing the child under competent private instruction, independent private instruction, or private instruction for the first time, shall also provide the district with evidence that the child has had the immunizations required under section 139A.8, and, if the child is elementary school age, a blood lead test in accordance with section 135.105D. The term “outline of course of study” shall include subjects covered, lesson plans, and time spent on the areas of study.
    Sec. 2.  Section 299A.1, subsection 2, paragraph b, subparagraph (6), Code 2019, is amended to read as follows:
   (6)  Provides, upon written request from the superintendent of to the superintendent of the school district in which the independent private instruction is provided, or from the director of the department of education of residence of each student enrolled, a report identifying the primary instructor, location, name of the authority responsible for the independent private instruction, and the names of the students enrolled.
    Sec. 3.  Section 299A.3, Code 2019, is amended to read as follows:
   299A.3  Private instruction by nonlicensed person.
   1.  A parent, guardian, or legal custodian of a child of compulsory attendance age providing private instruction to the child shall complete and send, in a timely manner, the report required under section 299.4 to the school district of residence of the child. 
   2.  A parent, guardian, or legal custodian of a child of compulsory attendance age providing private instruction to the child may meet all either of the following requirements:
   1.  Complete and send, in a timely manner, the report required under section 299.4 to the school district of residence of the child.
   2.  a.  Ensure that the child under the parent’s, guardian’s, or legal custodian’s instruction is evaluated annually to determine whether the child is making adequate progress, as defined in section 299A.6.
   3.  b.  Ensure that the results of the child’s annual evaluation are reported to the school district of residence of the child and to the department of education by a date not later than June 30 of each year in which the child is under private instruction.
    Sec. 4.  NEW SECTION.  299A.13  Health and safety visits.
   1.  The board of directors of a school district shall conduct quarterly home visits to check on the health and safety of children located within the district who are receiving independent private instruction or private instruction.
   2.  Home visits shall take place in the child’s residence with the consent of the parent, guardian, or legal custodian and an interview or observation of the child may be conducted. If permission to enter the home to interview or observe the child is refused, the juvenile court or district court upon a showing of probable cause may authorize the person making the home visit to enter the home and interview or observe the child.
   3.  The superintendent of the school district shall designate a person to carry out the duties assigned to the school district under this section. The person designated shall be a mandatory reporter, as defined in section 232.69, subsection 1. The school district may collaborate with the department of human services, including the local, county, and service area officers of the department, in conducting the home visits required under this section.
   4.  The department of education, in collaboration with the department of human services, shall provide guidelines to school districts for implementation of this section.
    Sec. 5.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected school districts.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the parent, guardian, or legal custodian who places a child in independent private instruction or private instruction to submit the same report to the school district of residence that is required for a child placed in competent private instruction, and requires school districts to conduct quarterly home visits to check on the health and safety of children placed under independent private instruction or private instruction. 
   The parent, guardian, or legal custodian placing a child under independent private instruction or private instruction must, by September 1 of the academic year, furnish to the school district of residence a report that includes the name and age of the child, the period of time during which the child has been or will be under private instruction for the year, an outline of the course of study, and the name and address of the instructor. The criteria for independent private instruction is modified to require that a report be provided to each student’s school district of residence.
   As currently required for persons filing reports for a child placed in competent private instruction, the first time such a report is filed by a person on behalf of a child placed in independent private instruction or private instruction, the person must also provide the district with evidence that the child has had the immunizations required under Code section 139A.8, and, if the child is elementary school age, a blood lead test. The term “outline of course of study” includes subjects covered, lesson plans, and time spent on the areas of study.
   The home visits shall take place in the child’s residence with the consent of the parent, guardian, or legal custodian and an interview or observation of the child may be conducted. If permission to enter the home to interview or observe the child is refused, the juvenile court or district court upon a showing of probable cause may authorize the person making the home visit to enter the home and interview or observe the child.
   The superintendent of the school district shall designate a person to carry out the duties assigned to the school district. The person designated shall be a mandatory reporter of child abuse. The department of education, in collaboration with the department of human services, shall provide guidelines to school districts for implementation of the home visits for health and safety.
   The bill may include a state mandate as defined in Code section 25B.3. The bill requires that the state cost of any state mandate included in the bill be paid by a school district from state school foundation aid received by the school district under Code section 257.16. The specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the bill.