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PAG LIN 1 1 Section 1. Section 232.2, subsection 6, Code Supplement 1 2 1995, is amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. p. Whose parent, guardian, or custodian is 1 4 unwilling or unable to cause the child to attend school as 1 5 required under chapter 299. 1 6 Sec. 2. Section 232.2, subsection 12, Code Supplement 1 7 1995, is amended by adding the following new paragraph: 1 8 NEW PARAGRAPH. c. The violation of the truancy provisions 1 9 of chapter 299 if the child has been expelled from or refuses 1 10 to attend a truancy school established under section 273.14, 1 11 and in accordance with section 299.5A. 1 12 Sec. 3. Section 232.97, subsection 1, Code 1995, is 1 13 amended to read as follows: 1 14 1. The court shall not make a disposition of the petition 1 15 until two working days after a social report has been 1 16 submitted to the court and counsel for the child and has been 1 17 considered by the court. The court may waive the two-day 1 18 requirement upon agreement by all the parties. The court may 1 19 directeither thea juvenile court officer, truancy officer, 1 20 or the department of human services or any other agency 1 21 licensed by the state to conduct a social investigation and to 1 22 prepare a social report which may include any evidence 1 23 provided by an individual providing foster care for the child. 1 24 A report prepared shall include any founded reports of child 1 25 abuse. 1 26 Sec. 4. Section 235A.15, subsection 2, paragraph d, 1 27 subparagraph (5), Code Supplement 1995, is amended to read as 1 28 follows: 1 29 (5) To a probation or parole officer, truancy officer, 1 30 juvenile court officer, or adult correctional officer having 1 31 custody or supervision of, or conducting an investigation for 1 32 a court or the board of parole regarding, a person named in a 1 33 report as a victim of child abuse or as having abused a child. 1 34 Sec. 5. Section 256.7, Code 1995, is amended by adding the 1 35 following new subsection: 2 1 NEW SUBSECTION. 21. If funds are appropriated for truancy 2 2 schools as provided in section 273.14, prescribe guidelines 2 3 and standards, in consultation with the truancy school 2 4 advisory council established pursuant to section 273.15, for 2 5 the administration and operation of truancy schools 2 6 established in area education agencies pursuant to section 2 7 273.14. 2 8 Sec. 6. Section 257.6, subsection 1, paragraph a, Code 2 9 1995, is amended to read as follows: 2 10 a. Resident pupils who were enrolled in a truancy school 2 11 at the area education agency serving the district or enrolled 2 12 in public schools within the district in grades kindergarten 2 13 through twelve and including prekindergarten pupils enrolled 2 14 in special education programs. 2 15 Sec. 7. Section 273.3, subsection 6, Code 1995, is amended 2 16 to read as follows: 2 17 6. Area education agencies mayco-operatecooperate and 2 18 contract between themselves and with other public agencies to 2 19 provide special education programs and services, media 2 20 services, individual and family counseling services for 2 21 students enrolled in truancy schools pursuant to section 2 22 273.14, and educational services to schools and children 2 23 residing within their respective areas. Area education 2 24 agencies may provide print and nonprint materials to public 2 25 and private colleges and universities that have teacher 2 26 education programs approved by the state board of education. 2 27 Sec. 8. NEW SECTION. 273.14 TRUANCY SCHOOLS. 2 28 1. If the general assembly appropriates moneys for the 2 29 establishment of truancy schools, the board of directors of 2 30 each area education agency shall, in conjunction with a 2 31 truancy school advisory council created under section 273.15 2 32 and in accordance with guidelines and standards developed by 2 33 the state board of education, develop and implement a plan for 2 34 the establishment of a truancy school within the area 2 35 education agency to provide for the education of children 3 1 deemed truant as defined in section 299.8. 3 2 2. Special education programs and services, media 3 3 services, and educational programs and services provided by 3 4 the area education agency pursuant to section 273.3, 3 5 subsection 5, shall be made available to the truancy school. 3 6 3. Each truancy school shall meet the minimum educational 3 7 standards provided in section 256.11, and shall provide 3 8 individual and family counseling designed to determine and 3 9 correct the cause of a student's truant behavior and to ensure 3 10 the successful readmittance of the student to the prior school 3 11 of enrollment. 3 12 4. An area education agency, with the approval of the 3 13 state board of education, may enter into a contractual 3 14 agreement with a private agency for the operation of a truancy 3 15 school. 3 16 5. a. If the terms of a mediation agreement reached 3 17 pursuant to section 299.5A require a child to enroll in a 3 18 truancy school as provided for in this section, the county 3 19 attorney's office or the mediation service shall establish a 3 20 sliding scale of tuition to be charged the parents, including 3 21 a noncustodial parent, guardian, or legal or actual custodian 3 22 based upon the ability to pay. The tuition shall be paid to 3 23 the area education agency, and shall not exceed the agency's 3 24 average cost, including transportation costs, for the previous 3 25 fiscal year of providing the services required under this 3 26 section, divided by the number of students enrolled in the 3 27 truancy school in the previous fiscal year. 3 28 b. If the student has been placed in the truancy school by 3 29 the district court, the court may order the parents, including 3 30 the noncustodial parent, guardian, or legal or actual 3 31 custodian, to pay tuition to the area education agency 3 32 providing the truancy school services in an amount not to 3 33 exceed the agency's average cost for the previous fiscal year 3 34 of providing the services required under this section, divided 3 35 by the number of students enrolled in the truancy school in 4 1 the previous school year. 4 2 c. A student enrolled in a truancy school shall be 4 3 counted, for state school foundation aid purposes, in the 4 4 student's district of residence, in accordance with section 4 5 257.6, subsection 1. A student's residence, for purposes of 4 6 this section, means a residence under section 282.1. The 4 7 board of directors of the district of residence shall pay to 4 8 the area education agency operating the truancy school in 4 9 which the student is enrolled the district's cost per pupil, 4 10 plus any moneys received for the student as a result of non- 4 11 English speaking weighting under section 280.4, subsection 3, 4 12 for each school year. The district of residence shall also 4 13 transmit the phase III moneys allocated to the district for 4 14 the full-time equivalent attendance of the student, to the 4 15 area education agency in which the student is enrolled. 4 16 d. Payment required of a noncustodial parent in accordance 4 17 with paragraph "a" or "b" shall be in addition to any other 4 18 court-ordered child support obligation, unless otherwise 4 19 prohibited by federal or state law. 4 20 6. There is appropriated from the general fund of the 4 21 state to the department of education for each fiscal year an 4 22 amount sufficient to pay the difference between each area 4 23 education agency's truancy program costs for the previous 4 24 school year and the amount received by each area education 4 25 agency under subsection 5. 4 26 Sec. 9. NEW SECTION. 273.15 TRUANCY SCHOOL ADVISORY 4 27 COUNCIL. 4 28 1. A truancy school advisory council is established. The 4 29 council consists of ten members and shall include the 4 30 following: three persons appointed by the Iowa organization 4 31 of area education agency chief administrators; three persons 4 32 appointed by the director of the department of education; one 4 33 person appointed by the Iowa organization of area education 4 34 agency directors of educational services; one person appointed 4 35 by the Iowa organization of area education agency media center 5 1 directors; one person appointed by the Iowa association of 5 2 area education agency directors of special education; and one 5 3 person appointed by the school administrators of Iowa. The 5 4 council shall be bipartisan and gender-balanced in accordance 5 5 with sections 69.16 and 69.16A. 5 6 2. Members shall serve staggered terms of three years 5 7 beginning on May 1 of the year of appointment. Vacancies on 5 8 the council shall be filled in the same manner as the original 5 9 appointment. A person appointed to fill a vacancy shall 5 10 commence service on the date of appointment and shall serve 5 11 only for the unexpired portion of the term. Members may also 5 12 be eligible to receive compensation as provided in section 5 13 7E.6. The director of the department of education shall 5 14 determine the length of the initial terms of office and call 5 15 the initial meeting of the advisory council. The advisory 5 16 council shall elect from its membership a chairperson and 5 17 vice-chairperson for one-year terms. 5 18 3. The advisory council shall assist and advise the state 5 19 board of education in the development of guidelines and 5 20 standards for the administration and operation of truancy 5 21 schools established under section 273.14, and shall assist and 5 22 advise the board of directors of each area education agency in 5 23 establishing and coordinating the operation of a truancy 5 24 school in the area education agency pursuant to section 256.7, 5 25 subsection 21. The board of each area education agency shall 5 26 submit to the advisory council substantial issues related to 5 27 the truancy schools. The advisory council shall formulate 5 28 recommendations on each issue referred to it by the board of 5 29 directors of an area education agency within a reasonable time 5 30 period. Subsequent to the establishment of truancy schools as 5 31 provided under section 273.14, the advisory council shall 5 32 monitor and evaluate the efficacy of truancy schools on the 5 33 children enrolled and shall make recommendations for 5 34 improvements and act as a clearinghouse sharing information 5 35 about the most successfully implemented truancy schools 6 1 throughout the state. Administrative support and staffing for 6 2 the advisory council shall be provided by the department of 6 3 education. 6 4 Sec. 10. Section 299.5A, unnumbered paragraphs 1 and 3, 6 5 Code 1995, are amended to read as follows: 6 6 If a child is truant as defined in section 299.8, school 6 7 officers shall attempt to find the cause for the child's 6 8 absence and use every means available to the school to assure 6 9 that the childdoes attendattends school. School officials 6 10 may afford the child the opportunity to enroll in a truancy 6 11 school established under section 273.14. 6 12 PARAGRAPH DIVIDED. If the parent, guardian, or legal or 6 13 actual custodian, or child refuses to accept the school's 6 14 attempt to assure the child's attendance or the school's 6 15 attempt to assure the child's attendance is otherwise 6 16 unsuccessful, the truancy officer shall refer the matter to 6 17 the county attorney for mediation or prosecution. If the 6 18 child has been offered the opportunity to enroll at a truancy 6 19 school and the parent, guardian, legal or actual custodian, or 6 20 child has refused the offer, or the child failed to meet the 6 21 standards at the truancy school, the matter shall be referred 6 22 to the juvenile court intake officer for consideration of 6 23 proceedings under section 232.28 or 232.87. 6 24 If the parties reach an agreement, the agreement shall be 6 25 reduced to writing and signed by a school officer, parent, 6 26 guardian, or legal or actual custodian, and the child. The 6 27 mediator, the school, and the parent, guardian, or legal or 6 28 actual custodian shall each receive a copy of the agreement, 6 29 which shall set forth the settlement of the issues and future 6 30 responsibilities of each party. A mediation agreement may 6 31 include a provision that the child enroll in a truancy school 6 32 established pursuant to section 273.14. 6 33 Sec. 11. Section 299.8, Code 1995, is amended to read as 6 34 follows: 6 35 299.8 "TRUANT" DEFINED. 7 1 Any child of compulsory attendance age who fails to attend 7 2 school as provided in this chapter, or as required by the 7 3 school board's or school governing body's attendance policy, 7 4 or who fails to attend competent private instruction under 7 5 chapter 299A, without reasonable excuse for the absence, shall 7 6 be deemed to be a truant.A finding that a child is truant,7 7however, shall not by itself mean that the child is a child in7 8need of assistance within the meaning of chapter 232 and shall7 9not be the sole basis for a child in need of assistance7 10petition.7 11 Sec. 12. Section 299.10, Code 1995, is amended to read as 7 12 follows: 7 13 299.10 TRUANCY OFFICERS &endash; APPOINTMENT. 7 14 The board of each school districtmayshall appoint a 7 15 truancy officer, who shall have the qualifications prescribed 7 16 for juvenile court officers by the supreme court. However, 7 17 two or more school districts may contract to share the 7 18 services of a truancy officer.The board of each school7 19district, which does not appoint a truancy officer for the7 20district, shall designate a suitable person to collect7 21information on the numbers of children in the district who are7 22truant.7 23The board may appoint a member of the police force,7 24marshal, teacher, school official, or other suitable person to7 25serve as the district truancy officer.7 26 Sec. 13. Section 299.11, Code 1995, is amended by adding 7 27 the following new unnumbered paragraph: 7 28 NEW UNNUMBERED PARAGRAPH. A truancy officer is designated 7 29 as a peace officer and has the same powers conferred by law on 7 30 peace officers for the purpose of performing the duties 7 31 established under this section. The juvenile court may direct 7 32 a truancy officer to conduct investigations and submit reports 7 33 to the court as provided under sections 232.48 and 232.97. 7 34 Sec. 14. CONDITIONAL EFFECTIVE DATE. This Act shall not 7 35 take effect unless an appropriation is made fully funding or 8 1 specifying the proportion of the cost to political 8 2 subdivisions of the implementation of this Act that is the 8 3 state's share of total costs. 8 4 EXPLANATION 8 5 This bill provides for the establishment of a truancy 8 6 school in each area education agency, providing schools, 8 7 county attorneys, and the courts with the truancy school 8 8 option in handling a child who is deemed truant under the 8 9 compulsory education law. 8 10 This bill amends or creates the following Code sections or 8 11 subunits: 8 12 232.2(6)(p): Includes in the definition of a "child in 8 13 need of assistance" a child whose parent, guardian, or 8 14 custodian is unwilling or unable to cause the child to attend 8 15 school as required under chapter 299. 8 16 232.2(12)(c): Includes in the definition of "delinquent 8 17 act" a violation of the truancy provisions of chapter 299 if 8 18 the child has been expelled from or refuses to attend a 8 19 truancy school. 8 20 232.97(1) and 235A.15(2)(d)(5): Permit the juvenile court 8 21 to direct a truancy officer to conduct a social investigation 8 22 and prepare a social report, which shall include any founded 8 23 reports of child abuse. The bill allows the truancy officer 8 24 access to founded reports of child abuse in conducting an 8 25 investigation for the court. 8 26 256.7(21): Directs the state board of education to 8 27 prescribe, if funds are appropriated for purposes of truancy 8 28 schools established under the bill, guidelines and standards 8 29 for the administration and operation of truancy schools in 8 30 consultation with the truancy school advisory council 8 31 established under the bill. 8 32 257.6(1)(a): Provides that the actual enrollment for 8 33 purposes of financing school programs shall include resident 8 34 pupils enrolled in a truancy school in the area education 8 35 agency serving the school district. 9 1 273.3(6): Permits area education agencies to cooperate and 9 2 contract between themselves and with other public agencies to 9 3 provide individual and family counseling services for students 9 4 enrolled in truancy schools. 9 5 273.14: Directs the board of directors of an area 9 6 education agency, if the general assembly appropriates moneys 9 7 for the establishment of truancy schools, to develop and 9 8 implement a plan for the establishment of a truancy school 9 9 within the agency, in conjunction with a truancy school 9 10 advisory council created under the bill, to provide for the 9 11 education of children deemed truant. 9 12 Under the bill, special education programs and services, 9 13 media services, and educational programs and services provided 9 14 by the area education agency shall be made available to the 9 15 truancy school. Each truancy school shall meet the minimum 9 16 educational standards provided in section 256.11, and shall 9 17 provide individual and family counseling designed to determine 9 18 and correct the cause of a student's truant behavior and to 9 19 ensure the successful readmittance of the student to the prior 9 20 school of enrollment. 9 21 The bill permits an area education agency to enter into a 9 22 contractual agreement with a private agency for the operation 9 23 of truancy schools with the approval of the state board of 9 24 education. 9 25 If the terms of a mediation agreement require a child to 9 26 enroll in a truancy school, the county attorney's office or 9 27 the mediation service shall establish a sliding scale of 9 28 tuition to be charged the parents, including a noncustodial 9 29 parent, guardian, or legal or actual custodian based upon the 9 30 ability to pay. If the student has been placed in the truancy 9 31 school by the district court, the court may order the parents, 9 32 including the noncustodial parent, guardian, or legal or 9 33 actual custodian, to pay tuition. Tuition shall not exceed 9 34 the agency's average cost, including transportation costs, for 9 35 the previous fiscal year of providing the services required 10 1 under this section, divided by the number of students enrolled 10 2 in the truancy school in the previous fiscal year. 10 3 A student enrolled in a truancy school shall be counted, 10 4 for state school foundation aid purposes, in the student's 10 5 district of residence. The board of directors of the district 10 6 of residence shall pay to the area education agency operating 10 7 the truancy school in which the student is enrolled the 10 8 district's cost per pupil, plus any moneys received for the 10 9 student as a result of non-English speaking weighting, for 10 10 each school year. The district of residence shall also 10 11 transmit the phase III moneys allocated to the district for 10 12 the full-time equivalent attendance of the student, to the 10 13 area education agency in which the student is enrolled. 10 14 Payment of tuition required of a noncustodial parent under 10 15 this bill is in addition to any other court-ordered child 10 16 support obligation. 10 17 The bill includes an appropriation from the general fund of 10 18 the state to the department of education for each fiscal year 10 19 in an amount sufficient to pay the difference between each 10 20 area education agency's truancy program costs for the previous 10 21 school year and the amount of tuition and foundation aid 10 22 received by each area education agency. 10 23 273.15: Creates a truancy school advisory council 10 24 consisting of 10 members. Members include area education 10 25 agency chief administrators, persons appointed by the director 10 26 of the department of education, and area education agency 10 27 directors of educational services, media center directors, 10 28 directors of special education, and one person appointed by 10 29 the school administrators of Iowa. Members may also be 10 30 eligible to receive compensation as provided in section 7E.6. 10 31 The director of the department of education shall determine 10 32 the length of the initial terms of office and call the initial 10 33 meeting of the advisory council. 10 34 The advisory council shall assist and advise the state 10 35 board of education in developing guidelines and standards for 11 1 the operation of truancy schools, and the board of directors 11 2 of each area education agency in establishing and coordinating 11 3 the operation of the truancy schools. The board of each area 11 4 education agency shall submit to the advisory council 11 5 substantial issues related to the truancy schools. The 11 6 advisory council shall formulate recommendations on each issue 11 7 referred to it by the board within reasonable time periods. 11 8 Subsequent to the establishment of truancy schools, the 11 9 advisory council shall monitor and evaluate the efficacy of 11 10 truancy schools on the children enrolled and shall make 11 11 recommendations for improvements and act as a clearinghouse 11 12 sharing information about the most successfully implemented 11 13 truancy schools throughout the state. Administrative support 11 14 and staffing for the advisory council shall be provided by the 11 15 department of education. 11 16 299.5A: Authorizes school officials to afford a child 11 17 deemed truant an opportunity to enroll in a truancy school. 11 18 If the child, the parent, guardian, or legal or actual 11 19 custodian refuses the offer, or if the child failed to meet 11 20 the standards at the truancy school, the bill provides that 11 21 the matter may be referred to the juvenile court intake 11 22 officer for consideration of juvenile delinquency or child-in- 11 23 need-of-assistance proceedings. A mediation agreement may 11 24 include a provision that the child enroll in a truancy school. 11 25 299.8: Eliminates language that provided that a finding 11 26 that a child is truant does not by itself mean that the child 11 27 is a child in need of assistance and shall not be the sole 11 28 basis for a child in need of assistance petition. 11 29 299.10: Requires the board of each school district to 11 30 appoint a truancy officer with the qualifications prescribed 11 31 by the supreme court for juvenile court officers. Permits two 11 32 or more districts to contract to share the services of a 11 33 truancy officer. 11 34 299.11: Grants a truancy officer the status of a peace 11 35 officer for the purpose of performing the duties of a truancy 12 1 officer. The juvenile court may direct a truancy officer to 12 2 conduct investigations and submit reports to the court. 12 3 This bill may include a state mandate as defined in section 12 4 25B.3. Under the last provision of the bill, the bill shall 12 5 not take effect unless an appropriation is made fully funding 12 6 or specifying the proportion of the cost to political 12 7 subdivisions of the implementation of this bill that is the 12 8 state's share of total costs. This provision is included to 12 9 comply with the state mandate funding requirement contained in 12 10 section 25.2. 12 11 LSB 3914SS 76 12 12 kh/jj/8.1
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