Print
House File 464 - IntroducedA Bill ForAn Act 1relating to private instruction, including modifying
2provisions related to independent private instruction and
3the reports and evidence of immunizations required under
4competent private instruction.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 299.4, subsection 1, Code 2023, is
2amended to read as follows:
31. The parent, guardian, or legal custodian of a child
4who is of compulsory attendance age, who places the child
5under competent private instruction under section 299A.2, not
6in an accredited school or a home school assistance program
7operated by a school district or accredited nonpublic school,
8shall furnish a report in duplicate on forms provided by the
9public school district, to the district by September 1 of the
10school year in which the child will be under competent private
11instruction. The secretary shall retain and file one copy
12and forward the other copy to the district’s area education
13agency. The report shall state the name and age of the child,
14the period of time during which the child has been or will be
15under competent private instruction for the year, an outline
16of the course of study, or texts that will be used, and the
17name and address of the instructor. The parent, guardian, or
18legal custodian of a child, who is placing the child under
19competent private instruction for the first time, shall also
20provide the district with evidence that the child has had the
21immunizations required under section 139A.8, and, if the child
22is elementary school age, a blood lead test in accordance with
23section 135.105D. The term “outline of course of study” shall
24include subjects covered, lesson plans, and time spent on the
25areas of study.
26 Sec. 2. Section 299A.1, subsection 2, paragraph b, Code
272023, is amended to read as follows:
28b. “Independent private instruction” means private
29instruction that meets the following criteria:
30(1) Is not accredited.
31(2) Enrolls not more than four unrelated students.
32(3) Does not charge tuition, fees, or other remuneration for
33instruction.
34(4) (2) Provides private or religious-based instruction as
35its primary purpose.
-1- 1(5) (3) Provides enrolled students with instruction
2in mathematics, reading and language arts, science, and
3social studies that is consistent with and appropriate to the
4student’s age, grade level, or achievement level.
5(6) (4) Provides, upon written request from the
6superintendent of the school district in which the independent
7private instruction is provided, or from the director of the
8department of education, a report identifying the primary
9instructor, location, name of the authority responsible for the
10independent private instruction, and the names of the students
11enrolled receiving the instruction, who need not be related to
12the primary instructor.
13(7) (5) Is not a an accredited nonpublic school and does
14not provide competent private instruction as defined in this
15subsection.
16(8) (6) Is exempt from all state statutes and
17administrative rules applicable to a school, a school board, or
18a school district, except as otherwise provided in chapter 299
19and this chapter.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to private instruction, including
24modifying provisions related to independent private instruction
25and the reports and evidence of immunization required under
26competent private instruction.
27Current law authorizes the parent, guardian, or legal
28custodian of a child of compulsory attendance age to place
29the child under competent private instruction or independent
30private instruction. Current law requires a child’s parent,
31guardian, or legal custodian who is placing the child under
32competent private instruction for the first time to provide
33the child’s school district of residence with evidence that
34the child has had the immunizations required under Code
35section 139A.8 (immunization of children), and, if the child
-2-1is elementary school age, a blood lead test. The bill strikes
2this requirement.
3Current law requires a child’s parent, guardian, or legal
4custodian who places the child under competent private
5instruction to furnish a report to the school district of
6residence by September 1 of the school year in which the child
7will be under competent private instruction that includes an
8outline of course of study, among other requirements. An
9outline of course of study must include subjects covered,
10lesson plans, and time spent on the areas of study. The
11bill requires this report to state the name and age of the
12child, the period of time during which the child will be under
13competent private instruction for the year, an outline of the
14course of study or texts that will be used, and the name and
15address of the instructor. The bill strikes the definition of
16“outline of course of study”.
17Current law provides that independent private instruction
18is private instruction that, among other criteria, enrolls not
19more than four unrelated students and does not charge tuition
20or fees for instruction. The bill strikes these provisions.
21The bill provides that independent private instruction
22is required to provide students with instruction that is
23consistent with and appropriate to the student’s age, grade
24level, or achievement level. The bill also provides that the
25students receiving independent private instruction need not be
26related to the primary instructor.
27Under current law, independent private instruction is
28defined to not be a nonpublic school. The bill establishes
29that independent private instruction is not an accredited
30nonpublic school.
-3-jda/jh
2provisions related to independent private instruction and
3the reports and evidence of immunizations required under
4competent private instruction.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 299.4, subsection 1, Code 2023, is
2amended to read as follows:
31. The parent, guardian, or legal custodian of a child
4who is of compulsory attendance age, who places the child
5under competent private instruction under section 299A.2, not
6in an accredited school or a home school assistance program
7operated by a school district or accredited nonpublic school,
8shall furnish a report in duplicate on forms provided by the
9public school district, to the district by September 1 of the
10school year in which the child will be under competent private
11instruction. The secretary shall retain and file one copy
12and forward the other copy to the district’s area education
13agency. The report shall state the name and age of the child,
14the period of time during which the child has been or will be
15under competent private instruction for the year, an outline
16of the course of study, or texts that will be used, and the
17name and address of the instructor. The parent, guardian, or
18legal custodian of a child, who is placing the child under
19competent private instruction for the first time, shall also
20provide the district with evidence that the child has had the
21immunizations required under section 139A.8, and, if the child
22is elementary school age, a blood lead test in accordance with
23section 135.105D. The term “outline of course of study” shall
24include subjects covered, lesson plans, and time spent on the
25areas of study.
26 Sec. 2. Section 299A.1, subsection 2, paragraph b, Code
272023, is amended to read as follows:
28b. “Independent private instruction” means private
29instruction that meets the following criteria:
30(1) Is not accredited.
31(2) Enrolls not more than four unrelated students.
32(3) Does not charge tuition, fees, or other remuneration for
33instruction.
34(4) (2) Provides private or religious-based instruction as
35its primary purpose.
-1- 1(5) (3) Provides enrolled students with instruction
2in mathematics, reading and language arts, science, and
3social studies that is consistent with and appropriate to the
4student’s age, grade level, or achievement level.
5(6) (4) Provides, upon written request from the
6superintendent of the school district in which the independent
7private instruction is provided, or from the director of the
8department of education, a report identifying the primary
9instructor, location, name of the authority responsible for the
10independent private instruction, and the names of the students
11enrolled receiving the instruction, who need not be related to
12the primary instructor.
13(7) (5) Is not a an accredited nonpublic school and does
14not provide competent private instruction as defined in this
15subsection.
16(8) (6) Is exempt from all state statutes and
17administrative rules applicable to a school, a school board, or
18a school district, except as otherwise provided in chapter 299
19and this chapter.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to private instruction, including
24modifying provisions related to independent private instruction
25and the reports and evidence of immunization required under
26competent private instruction.
27Current law authorizes the parent, guardian, or legal
28custodian of a child of compulsory attendance age to place
29the child under competent private instruction or independent
30private instruction. Current law requires a child’s parent,
31guardian, or legal custodian who is placing the child under
32competent private instruction for the first time to provide
33the child’s school district of residence with evidence that
34the child has had the immunizations required under Code
35section 139A.8 (immunization of children), and, if the child
-2-1is elementary school age, a blood lead test. The bill strikes
2this requirement.
3Current law requires a child’s parent, guardian, or legal
4custodian who places the child under competent private
5instruction to furnish a report to the school district of
6residence by September 1 of the school year in which the child
7will be under competent private instruction that includes an
8outline of course of study, among other requirements. An
9outline of course of study must include subjects covered,
10lesson plans, and time spent on the areas of study. The
11bill requires this report to state the name and age of the
12child, the period of time during which the child will be under
13competent private instruction for the year, an outline of the
14course of study or texts that will be used, and the name and
15address of the instructor. The bill strikes the definition of
16“outline of course of study”.
17Current law provides that independent private instruction
18is private instruction that, among other criteria, enrolls not
19more than four unrelated students and does not charge tuition
20or fees for instruction. The bill strikes these provisions.
21The bill provides that independent private instruction
22is required to provide students with instruction that is
23consistent with and appropriate to the student’s age, grade
24level, or achievement level. The bill also provides that the
25students receiving independent private instruction need not be
26related to the primary instructor.
27Under current law, independent private instruction is
28defined to not be a nonpublic school. The bill establishes
29that independent private instruction is not an accredited
30nonpublic school.
-3-jda/jh