Text: HF00596 Text: HF00598 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 597
1 2
1 3 AN ACT
1 4 RELATING TO SCHOOL ATTENDANCE BY APPLYING SCHOOL ATTENDANCE
1 5 REQUIREMENTS UNDER THE FAMILY INVESTMENT PROGRAM, AND
1 6 PROVIDING A CIVIL PENALTY FOR TRUANCY, APPLICABILITY
1 7 PROVISIONS, AND AN EFFECTIVE DATE.
1 8
1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 10
1 11 Section 1. NEW SECTION. 239.5B SCHOOL ATTENDANCE.
1 12 1. As a condition of eligibility for an applicant for or a
1 13 recipient of assistance under this chapter, the department
1 14 shall require a child's parent or other specified relative
1 15 whose needs are included in the cash assistance grant payable
1 16 to the child's family to cooperate with efforts to ensure
1 17 children receiving assistance under this chapter complete
1 18 educational requirements through the sixth grade. As a
1 19 further condition of eligibility, an applicant or recipient
1 20 shall provide written authorization for release of information
1 21 to a school concerning the receipt of assistance and for
1 22 release of information by a school concerning the child's
1 23 compliance with attendance requirements.
1 24 2. If the department of human services receives written
1 25 notification from a school truancy officer under section
1 26 299.12 that a child receiving assistance under this chapter is
1 27 deemed to be truant, the child's family shall be subject to
1 28 sanction as provided in this section. The sanction shall
1 29 continue to apply until the department of human services
1 30 receives written notification from the school truancy officer
1 31 of any of the following:
1 32 a. The child is complying with the attendance policy
1 33 applicable to the child's school.
1 34 b. The child has satisfactorily completed educational
1 35 requirements through the sixth grade.
2 1 c. The child's school has determined there is good cause
2 2 for the child's nonattendance and the school withdraws the
2 3 written notification.
2 4 d. The child is no longer enrolled in the school for which
2 5 the written notification was provided and the child's family
2 6 demonstrates that the child is enrolled in and is attending
2 7 another school or is otherwise receiving equivalent schooling
2 8 as authorized under state law.
2 9 3. The sanction under this section shall be a deduction of
2 10 twenty-five percent from the net cash assistance grant amount
2 11 payable to the child's family prior to any deduction for
2 12 recoupment of prior overpayment. If more than one child in
2 13 the family is deemed to be truant, the sanction shall continue
2 14 to apply until the department receives written notification
2 15 from the school truancy officer, as provided in subsection 2
2 16 concerning each child.
2 17 4. Notwithstanding any contrary provision of chapter 239,
2 18 unless prohibited by federal law, the department may release
2 19 or make information available to a school truancy officer, as
2 20 defined in section 299.12, regarding persons applying for or
2 21 receiving assistance under this chapter as necessary to verify
2 22 the family investment program assistance status of a child of
2 23 a family who may be subject to sanction under this section.
2 24 The department shall implement protocols restricting
2 25 information access under this section by region or other means
2 26 to provide for the minimum access to information necessary to
2 27 implement the purposes of this section. The department may
2 28 adopt rules as necessary to administer this section.
2 29 Sec. 2. Section 299.5A, unnumbered paragraph 1, Code 1997,
2 30 is amended to read as follows:
2 31 If a child is truant as defined in section 299.8, school
2 32 officers shall attempt to find the cause for the child's
2 33 absence and use every means available to the school to assure
2 34 that the child does attend. For a child who has completed
2 35 educational requirements through the sixth grade, the means
3 1 may include but are not limited to the use of an attendance
3 2 cooperation process which substantially conforms with the
3 3 provisions of section 299.12. If the parent, guardian, or
3 4 legal or actual custodian, or child refuses to accept the
3 5 school's attempt to assure the child's attendance or the
3 6 school's attempt to assure the child's attendance is otherwise
3 7 unsuccessful, the truancy officer shall refer the matter to
3 8 the county attorney for mediation or prosecution.
3 9 Sec. 3. Section 299.6, Code 1997, is amended by adding the
3 10 following new unnumbered paragraph:
3 11 NEW UNNUMBERED PARAGRAPH. If a child's parent, guardian,
3 12 or legal or actual custodian who is found guilty and is
3 13 subject to a penalty as provided in this section has been
3 14 subject to a sanction under section 239.5B as a result of the
3 15 child's truancy, the court may waive the penalty under this
3 16 section.
3 17 Sec. 4. NEW SECTION. 299.6A CIVIL PENALTY –
3 18 DISTRIBUTION OF FUNDS.
3 19 1. In lieu of a criminal proceeding under section 299.6, a
3 20 county attorney may bring a civil action against a parent,
3 21 guardian, or legal or actual custodian of a child who is of
3 22 compulsory attendance age, has not completed educational
3 23 requirements, and is truant, if the parent, guardian, or legal
3 24 or actual custodian has failed to cause the child to attend a
3 25 public school, an accredited nonpublic school, or competent
3 26 private instruction in the manner provided in this chapter.
3 27 If the court finds that the parent, guardian, or legal or
3 28 actual custodian has failed to cause the child to attend as
3 29 required in this section, the court shall assess a civil
3 30 penalty of not less than one hundred but not more than one
3 31 thousand dollars, for each violation established. However, if
3 32 the court finds that the parent, guardian, or legal or actual
3 33 custodian of the child has been subject to sanction under
3 34 section 239.5B as a result of the child's truancy, the court
3 35 may waive the civil penalty under this section.
4 1 2. Funds received from civil penalties assessed pursuant
4 2 to this section shall be paid to the school district of
4 3 residence or school district of enrollment, if open enrolled,
4 4 of the person against whom the court assessed the penalty.
4 5 The school district shall use moneys received under this
4 6 subsection to support programs for students who meet the
4 7 definition of at-risk children adopted by the department of
4 8 education.
4 9 Sec. 5. NEW SECTION. 299.12 VIOLATION OF ATTENDANCE
4 10 POLICY – FAMILY INVESTMENT PROGRAM.
4 11 1. For the purposes of this section, "school truancy
4 12 officer" means a truancy officer appointed under section
4 13 299.10 or any other person designated by a public school board
4 14 or a governing body of an accredited nonpublic school to
4 15 administer provisions of this section.
4 16 2. This section is not applicable to a child who is
4 17 receiving competent private instruction in accordance with the
4 18 requirements of chapter 299A. If a child is not in compliance
4 19 with the attendance requirements established under section
4 20 299.1, and has not completed educational requirements through
4 21 the sixth grade, and the school has used every means available
4 22 to assure the child does attend, the school truancy officer
4 23 shall contact the child's parent, guardian, or legal or actual
4 24 custodian to participate in an attendance cooperation meeting.
4 25 The parties to the attendance cooperation meeting may include
4 26 the child and shall include the child's parent, guardian, or
4 27 legal or actual custodian and the school truancy officer. If
4 28 the child is a member of a family receiving assistance under
4 29 the family investment program, the department of human
4 30 services shall be notified and shall make the contacts for
4 31 participation in the attendance cooperation meeting in lieu of
4 32 the school truancy officer. For a child who is a member of a
4 33 family receiving assistance under the family investment
4 34 program, the attendance cooperation meeting shall include the
4 35 child's parent or specified relative whose needs are included
5 1 in the child's assistance grant and a representative of the
5 2 department of human services. The school truancy officer or
5 3 the representative of the department of human services
5 4 contacting the participants in the attendance cooperation
5 5 meeting may invite other school officials, a designee of the
5 6 juvenile court, the county attorney or the county attorney's
5 7 designee, or other persons deemed appropriate to participate
5 8 in the attendance cooperation meeting.
5 9 3. The purpose of the attendance cooperation meeting is
5 10 for the parties participating in the meeting to attempt to
5 11 ascertain the cause of the child's nonattendance, to cause the
5 12 parties to arrive at an agreement relative to addressing the
5 13 child's attendance, and to initiate referrals to any services
5 14 or counseling that the parties believe to be appropriate under
5 15 the circumstances. The terms agreed to shall be reduced to
5 16 writing in an attendance cooperation agreement and signed by
5 17 the parties to the agreement. Each party signing the
5 18 agreement shall receive a copy of the agreement, which shall
5 19 set forth the cause identified for the child's nonattendance
5 20 and future responsibilities of each party.
5 21 4. If the parties to an attendance cooperation meeting
5 22 determine that a monitor would improve compliance with the
5 23 attendance cooperation agreement, the parties may designate a
5 24 person to monitor the agreement. The monitor shall be a
5 25 designee of the public school board or governing body of the
5 26 accredited nonpublic school, or a designee of the department
5 27 of human services, if the department made the contacts for the
5 28 attendance cooperation meeting. The monitor may be a
5 29 volunteer if the volunteer is approved by all parties to the
5 30 agreement and receives a written authorization for access to
5 31 confidential information and for performing monitor activities
5 32 from the child's parent, guardian, or custodian. A monitor
5 33 shall contact parties to the attendance cooperation agreement
5 34 on a periodic basis as appropriate to monitor performance of
5 35 the agreement.
6 1 5. If the parties fail to enter into an attendance
6 2 cooperation agreement, or the child's parent, guardian, or
6 3 custodian acting as a party violates a term of the attendance
6 4 cooperation agreement or fails to participate in an attendance
6 5 cooperation meeting, the child shall be deemed to be truant.
6 6 6. a. If a child deemed to be truant under this section
6 7 is a member of a family receiving family investment program
6 8 assistance under chapter 239 and has not completed the sixth
6 9 grade, the school truancy officer shall provide notification
6 10 to the department of human services. An initial and any
6 11 subsequent notification shall be made in writing. The form of
6 12 the notification shall be mutually determined by the
6 13 departments of human services and education.
6 14 b. Notwithstanding any other provision of this chapter to
6 15 the contrary, unless prohibited by federal law, a school
6 16 truancy officer may release information to the department of
6 17 human services and may receive information from the department
6 18 of human services regarding a child described in paragraph
6 19 "a". In addition, the school truancy officer may utilize
6 20 other sources available to the officer as necessary to verify
6 21 whether a child is a member of a family receiving family
6 22 investment program assistance. Release of information under
6 23 this section shall be limited to the minimum access to
6 24 information necessary to achieve the purposes of this section.
6 25 7. A public school board or governing body of an
6 26 accredited nonpublic school shall exercise the authority
6 27 granted under this section as a means of increasing and
6 28 ensuring school attendance of young children, as education is
6 29 a critical element in the success of individuals and good
6 30 attendance habits should be developed and reinforced at an
6 31 early age.
6 32 Sec. 6. NEW SECTION. 299.13 CIVIL ENFORCEMENT.
6 33 A person shall not disseminate or redisseminate information
6 34 shared with the person pursuant to section 235.5B, 299.5A, or
6 35 299.12, unless specifically authorized to do so by section
7 1 217.30, 235.5B, 299.5A, or 299.12. Unless a prohibited
7 2 dissemination or redissemination of information is subject to
7 3 injunction or sanction under other state or federal law, an
7 4 action for judicial enforcement may be brought in accordance
7 5 with this section. An aggrieved person, the attorney general,
7 6 or a county attorney may seek judicial enforcement of the
7 7 requirements of this section in an action brought against the
7 8 public school or accredited nonpublic school or any other
7 9 person who has been granted access to information pursuant to
7 10 section 235.5B, 299.5A, or 299.12. Suits to enforce this
7 11 section shall be brought in the district court for the county
7 12 in which the information was disseminated or redisseminated.
7 13 Upon a finding by a preponderance of the evidence that a
7 14 person has violated this section, the court shall issue an
7 15 injunction punishable by civil contempt ordering the person in
7 16 violation of this section to comply with the requirements of,
7 17 and to refrain from any violations of section 235.5B, 299.5A,
7 18 or 299.12 with respect to the dissemination or redissemination
7 19 of information shared with the person pursuant to section
7 20 235.5B, 299.5A, or 299.12.
7 21 Sec. 7. EFFECTIVE DATE – APPLICABILITY – EMERGENCY RULES
7 22 – CODE EDITOR.
7 23 1. a. Section 239.5B, as enacted by this Act, being
7 24 deemed of immediate importance, takes effect upon enactment.
7 25 b. The department of human services shall begin
7 26 implementing the provisions of section 239.5B, as enacted by
7 27 this Act, which require written authorization for release of
7 28 information as a condition of eligibility for family
7 29 investment program assistance, effective July 1, 1997, and
7 30 shall complete implementation not later than December 31,
7 31 1997.
7 32 c. The provisions of sections 239.5B and 299.12
7 33 authorizing information release or access between the
7 34 department of human services and school truancy officers shall
7 35 apply beginning January 1, 1998.
8 1 2. The department of human services may adopt emergency
8 2 rules under section 17A.4, subsection 2, and section 17A.5,
8 3 subsection 2, paragraph "b", to implement the provisions of
8 4 section 239.5B, as enacted by this Act, in accordance with
8 5 this section and the rules shall be effective immediately upon
8 6 filing, unless the effective date is delayed by the
8 7 administrative rules review committee, notwithstanding section
8 8 17A.4, subsection 5, and section 17A.8, subsection 9, or a
8 9 later effective date is specified in the rules. Any rules
8 10 adopted in accordance with this subsection shall not take
8 11 effect before the rules are reviewed by the administrative
8 12 rules review committee. Any rules adopted in accordance with
8 13 this section shall also be published as a notice of intended
8 14 action as provided in section 17A.4.
8 15 3. If Senate File 516 or other legislation providing for
8 16 the repeal of chapters 239 and 249C and codification of the
8 17 family investment program in chapter 239B is enacted by the
8 18 Seventy-seventh General Assembly, 1997 Session, the repeal of
8 19 chapter 239 shall not be deemed to repeal section 239.5B, as
8 20 enacted by this Act, and the Code editor shall codify section
8 21 239.5B, as enacted by this Act, as part of chapter 239B and
8 22 shall revise internal references to that section necessary to
8 23 conform with the designation codified by the Code editor.
8 24
8 25
8 26
8 27 RON J. CORBETT
8 28 Speaker of the House
8 29
8 30
8 31
8 32 MARY E. KRAMER
8 33 President of the Senate
8 34
8 35 I hereby certify that this bill originated in the House and
9 1 is known as House File 597, Seventy-seventh General Assembly.
9 2
9 3
9 4
9 5 ELIZABETH ISAACSON
9 6 Chief Clerk of the House
9 7 Approved , 1997
9 8
9 9
9 10
9 11 TERRY E. BRANSTAD
9 12 Governor
Text: HF00596 Text: HF00598 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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