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PAG LIN
1 1 Section 1. Section 299.5A, unnumbered paragraph 5, Code
1 2 1995, is amended to read as follows:
1 3 The mediator may refer a truant to the juvenile court if
1 4 mediation breaks down without an agreement being reached. If
1 5 the child is under the age of twelve and mediation does not
1 6 result in the child's school attendance, and the school has
1 7 determined that the child's parent, guardian, or legal or
1 8 actual custodian is participating in the family investment
1 9 program under chapter 239, school officials shall notify the
1 10 department of human services, which shall institute any
1 11 appropriate action.
1 12 Sec. 2. WELFARE REFORM WAIVER MODIFICATION.
1 13 1. The department of human services shall submit a waiver
1 14 or waiver modification request to the United States department
1 15 of health and human services as necessary to implement the
1 16 school attendance provisions of this section for a recipient
1 17 under the family investment program. Under the provision, the
1 18 superintendent of a school district, authorities in charge of
1 19 a nonpublic school, or a school truancy officer may request
1 20 and receive information from the department of human services
1 21 indicating whether a child who is under the age of twelve and
1 22 who may be truant as defined in section 299.8 has a parent,
1 23 guardian, or legal or actual custodian who is participating in
1 24 the family investment program. If referral of the truancy
1 25 matter to the county attorney pursuant to section 299.5A does
1 26 not assure the child's attendance, the superintendent,
1 27 authorities, or school truancy officer shall notify the
1 28 department of the truancy matter and the department shall
1 29 apply a sanction to the parent. The sanction shall be to
1 30 reduce the amount of the grant paid to the child's family
1 31 under the family investment program by reducing by one the
1 32 family size used to compute the grant amount. The sanction
1 33 shall continue until the truancy matter is resolved.
1 34 However, the provisions of this section shall not apply if
1 35 a parent, guardian, or legal or actual custodian of a child
2 1 who is truant has made reasonable efforts to comply with the
2 2 provisions of sections 299.1 through 299.5, but is unable to
2 3 cause the child to attend school and files with the department
2 4 an affidavit listing the reasonable efforts made by the
2 5 parent, guardian, or legal or actual custodian to cause the
2 6 child's attendance.
2 7 2. The department shall implement the school attendance
2 8 requirement of this section on the first day of the month
2 9 following federal approval of the provisions of this Act, or
2 10 on July 1, 1996, whichever date is later.
2 11 3. If the federal government grants a waiver under this
2 12 section, the department shall prepare and submit to the
2 13 legislative service bureau a proposed legislative bill, in
2 14 accordance with the provisions of section 2.16, that provides
2 15 for statutory reference to the provisions granted by the
2 16 federal government under the waiver.
2 17 Sec. 3. CONDITIONAL EFFECTIVE DATE. Section 1 of this Act
2 18 takes effect July 1, 1996, or on the first day of the month
2 19 following federal approval of a waiver allowing the
2 20 implementation of section 2 of this Act, whichever date is
2 21 later.
2 22 EXPLANATION
2 23 The bill contains provisions related to tying truancy to
2 24 the aid a child's parent or guardian receives under the family
2 25 investment program.
2 26 Under the bill, school officers may request and receive
2 27 information from the department of human services indicating
2 28 whether a child, under the age of 12, who may be truant has a
2 29 parent, guardian, or legal or actual custodian participating
2 30 in the family investment program. If mediation does not
2 31 result in the child's school attendance, school officials
2 32 shall notify the department of human services of the truancy
2 33 and if the federal government has granted the department a
2 34 waiver, the department shall reduce the recipient's aid under
2 35 the family investment program by reducing by one the family
3 1 size used to compute the grant amount.
3 2 The bill requires the department of human services to
3 3 submit a waiver request to the United States department of
3 4 health and human services to implement the school attendance
3 5 provisions of the bill.
3 6 Section 1 of the Act takes effect July 1, 1996, or on the
3 7 first day of the month following federal approval of the
3 8 provisions of this Act, whichever is later.
3 9 LSB 4142XS 76
3 10 kh/jw/5.1
Text: SF02182 Text: SF02184 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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