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Senate Amendment 3288

Amendment Text

PAG LIN
  1  1    Amend Senate File 515 as follows:
  1  2    #1.  Page 5, by inserting after line 23 the
  1  3 following:
  1  4    "Sec. ___.  NEW SECTION.  217.44  TRUANCY ACADEMY
  1  5 DEMONSTRATION PROGRAM ESTABLISHED.
  1  6    1.  Subject to an appropriation of sufficient funds
  1  7 by the general assembly, the department of human
  1  8 services, in consultation with the department of
  1  9 education, the department of workforce development,
  1 10 the Iowa department of public health, the division of
  1 11 criminal and juvenile justice planning of the
  1 12 department of human rights, institutions of higher
  1 13 learning with applicable programs, and the division of
  1 14 job training and entrepreneurship assistance of the
  1 15 department of economic development, shall establish a
  1 16 four-year truancy academy demonstration program in
  1 17 Polk county that commences in the fiscal year
  1 18 beginning July 1, 1997.  The truancy academy
  1 19 demonstration program shall be designed to reduce
  1 20 juvenile crime and the truancy rate of students of
  1 21 compulsory school attendance age.  The department
  1 22 shall locate a truancy academy in Polk county as a
  1 23 residential facility.
  1 24    2.  The program shall include active participation
  1 25 by community-based youth organizations, school
  1 26 corporations, and local, state, and federal agencies.
  1 27 The program shall provide for positive peer coaching
  1 28 and early truancy intervention, and shall address
  1 29 school dropout and absenteeism, juvenile court
  1 30 involvement, family conflict, unemployment, teenage
  1 31 suicide, youth mental health, substance abuse, and
  1 32 other health problems.
  1 33    3.  The department of human services shall
  1 34 coordinate an evaluation initiative designed to
  1 35 investigate program effectiveness in reducing juvenile
  1 36 crime and the truancy rate within Polk county.  In
  1 37 developing the evaluation initiative, the department
  1 38 shall consult with the department of education, the
  1 39 department of workforce development, the Iowa
  1 40 department of public health, the division of criminal
  1 41 and juvenile justice planning of the department of
  1 42 human rights, institutions of higher learning with
  1 43 applicable programs, and the division of job training
  1 44 and entrepreneurship assistance of the department of
  1 45 economic development.
  1 46    4.  A program participant shall be a person of
  1 47 compulsory attendance age as defined in section
  1 48 299.1A, who is at least twelve years of age, and who
  1 49 has failed to attend school as provided in chapter 299
  1 50 for ten or more days, without a reasonable excuse for
  2  1 the absence.  The board of directors of a school
  2  2 district or the authorities in charge of an accredited
  2  3 nonpublic school may provide the department with the
  2  4 names of persons deemed truant as provided in this
  2  5 section and section 299.8.
  2  6    5.  The program shall provide at a minimum
  2  7 recreation opportunities, personal skills development,
  2  8 academic skills development, family interaction
  2  9 opportunities, and mentoring.  Additional objectives
  2 10 of the program shall be to increase the ability of
  2 11 existing agencies within the local community to
  2 12 address the multiple problems of truant youth and to
  2 13 coordinate their activities and to facilitate joint
  2 14 planning to make the most economic and innovative use
  2 15 of community resources.  The program shall provide
  2 16 career development services, mental health and family
  2 17 counseling services, and primary health care services
  2 18 that include, but are not limited to physical
  2 19 examinations, immunizations, hearing and vision
  2 20 screening, and preventive and primary health care
  2 21 services, in the context of the educational needs of
  2 22 the program participants.  The primary goal of the
  2 23 program shall be to return a successful student to a
  2 24 regular classroom, an alternative options education
  2 25 program as provided in section 280.19A, or to private
  2 26 instruction as provided in chapter 299A.
  2 27    6.  The director of human services shall establish
  2 28 a local advisory board, whose members at a minimum
  2 29 shall include a representative of the private industry
  2 30 council serving the area, parents of children who have
  2 31 been deemed truant as provided in section 299.8, a
  2 32 teacher recommended by the local teachers association,
  2 33 a representative from the health and mental health
  2 34 community in the area, teenagers enrolled in the
  2 35 school and recommended by the school student
  2 36 government, a representative from the nonprofit
  2 37 provider community, and a representative from the
  2 38 juvenile court system serving the area.  Management of
  2 39 the program shall be by school districts in the area
  2 40 or by a nonprofit youth service organization.  As used
  2 41 in this subsection, "youth service" means recreational
  2 42 services, employment services, civic services, or
  2 43 juvenile treatment services.
  2 44    7.  If a child is deemed to be truant for ten or
  2 45 more days under subsection 4, the school truancy
  2 46 officer may provide notification to the department of
  2 47 human services.  An initial and any subsequent
  2 48 notification shall be made in writing.  A school
  2 49 truancy officer may release information to the
  2 50 department of human services as provided in section
  3  1 279.9A.
  3  2    8.  The council on human services shall adopt rules
  3  3 under chapter 17A for the administration of this
  3  4 section."
  3  5    #2.  Page 17, by inserting after line 29 the
  3  6 following:
  3  7    "Sec. ___.  Section 279.9A, Code 1997, is amended
  3  8 to read as follows:
  3  9    279.9A  INFORMATION SHARING.
  3 10    1.  The rules referred to in section 279.9 shall
  3 11 provide that upon the request of school officials of a
  3 12 school to which the student seeks to transfer or has
  3 13 transferred, school officials of the sending school
  3 14 shall provide an accurate record of any suspension or
  3 15 expulsion actions taken, and the basis for those
  3 16 actions taken, against the student under sections
  3 17 279.9, 280.19A, 282.3, 282.4, and 282.5.  The
  3 18 designated representative shall disclose this
  3 19 information only to those school employees whose
  3 20 duties require them to be involved with the student.
  3 21 For purposes of this section, "school employees" means
  3 22 persons employed by a nonpublic school or school
  3 23 district, or any area education agency staff member
  3 24 who provides services to a school or school district.
  3 25    2.  a.  The board of directors of each public
  3 26 school and the authorities in charge of each
  3 27 accredited nonpublic school shall adopt rules which
  3 28 provide that the school district or school may share
  3 29 information contained within a student's permanent
  3 30 record pursuant to an interagency agreement with the
  3 31 department of human services, school and law
  3 32 enforcement authorities, and other signatory agencies.
  3 33 The board of directors or authorities shall limit the
  3 34 information shared pursuant to an interagency
  3 35 agreement to that information which is necessary to
  3 36 achieve the purpose of the agreement.  The purpose of
  3 37 the agreement shall be to reduce juvenile crime by
  3 38 promoting cooperation and collaboration and the
  3 39 sharing of appropriate information between the parties
  3 40 in a joint effort to improve school safety, reduce
  3 41 truancy, reduce school suspensions and expulsions, and
  3 42 to support alternatives to suspensions and expulsions
  3 43 which provide structured and well-supervised
  3 44 educational programs supplemented by coordinated and
  3 45 appropriate services designed to correct behaviors
  3 46 that lead to truancy, suspension, and expulsion, and
  3 47 to support students in successfully completing their
  3 48 education.  Information shared under the agreement
  3 49 shall be used solely for determining the programs and
  3 50 services appropriate to the needs of the student or
  4  1 the student's family, or coordinating the delivery of
  4  2 programs and services to the student or the student's
  4  3 family.  Information shared under the agreement is not
  4  4 admissible in any court proceedings which take place
  4  5 prior to a disposition hearing, unless written consent
  4  6 is obtained from a student's parent, guardian, or
  4  7 legal or actual custodian.
  4  8    b.  A school or school district entering into an
  4  9 interagency agreement under this section shall adopt a
  4 10 policy implementing the provisions of the interagency
  4 11 agreement.  The policy shall include, but not be
  4 12 limited to, the provisions of the interagency
  4 13 agreement and the procedures to be used by the school
  4 14 or school district to share information from the
  4 15 student's permanent record with participating
  4 16 agencies.  The policy shall be published in the
  4 17 student handbook."
  4 18    #3.  Page 19, by inserting after line 15 the
  4 19 following:
  4 20    "Sec. ___.  Section 299.5A, unnumbered paragraph 1,
  4 21 Code 1997, is amended to read as follows:
  4 22    If a child is truant as defined in section 299.8,
  4 23 school officers shall attempt to find the cause for
  4 24 the child's absence and use every means available to
  4 25 the school to assure that the child does attend.  The
  4 26 board of directors of a school district or the
  4 27 authorities in charge of an accredited nonpublic
  4 28 school may utilize the provisions of section 217.44 in
  4 29 addition to the provisions of this section or section
  4 30 299.6 to assure the child's attendance.  A child
  4 31 participating in a truancy academy, as provided in
  4 32 section 217.44, shall not be considered truant.  If
  4 33 the parent, guardian, or legal or actual custodian, or
  4 34 child refuses to accept the school's attempt to assure
  4 35 the child's attendance or the school's attempt to
  4 36 assure the child's attendance is otherwise
  4 37 unsuccessful, the truancy officer shall refer the
  4 38 matter to the county attorney for mediation or
  4 39 prosecution."
  4 40    #4.  Title page 2, line 7, by inserting after the
  4 41 word "authorities" the following:  ", conditionally
  4 42 establishing a truancy academy demonstration program
  4 43 and providing for information sharing between school
  4 44 officials and various agencies pursuant to interagency
  4 45 agreements designed to reduce truancy".
  4 46    #5.  By renumbering as necessary.  
  4 47 
  4 48 
  4 49                               
  4 50 MATT McCOY
  5  1 SF 515.201 77
  5  2 kh/jj/28
     

Text: S03287                            Text: S03289
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