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PAG LIN 1 1 Amend Senate File 453 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. NEW SECTION. 239.5B SCHOOL 1 5 ATTENDANCE. 1 6 1. As a condition of eligibility for an applicant 1 7 for or a recipient of assistance under this chapter, 1 8 the department shall require a child's parent or other 1 9 specified relative whose needs are included in the 1 10 cash assistance grant payable to the child's family to 1 11 cooperate with efforts to ensure children receiving 1 12 assistance under this chapter complete educational 1 13 requirements through the sixth grade. As a further 1 14 condition of eligibility, an applicant or recipient 1 15 shall provide written authorization for release of 1 16 information to a school concerning the receipt of 1 17 assistance and for release of information by a school 1 18 concerning the child's compliance with attendance 1 19 requirements. 1 20 2. If the department of human services receives 1 21 written notification from a school truancy officer 1 22 under section 299.12 that a child receiving assistance 1 23 under this chapter is deemed to be truant, the 1 24 department shall contact the child's parent or other 1 25 specified relative whose needs are included in the 1 26 child's assistance grant to schedule an attendance 1 27 cooperation meeting. The departments of human 1 28 services and education shall mutually agree upon the 1 29 form of the written notification. Parties 1 30 participating in the attendance cooperation meeting 1 31 may include the child and shall include the child's 1 32 parent or other specified relative whose needs are 1 33 included in the child's assistance grant, and a 1 34 representative of the department of human services. 1 35 The school truancy officer or other school officials, 1 36 county attorney or the county attorney's designee, 1 37 designee of the juvenile court, and other persons 1 38 deemed appropriate by the department of human services 1 39 shall be invited to participate in the attendance 1 40 cooperation meeting. 1 41 3. The purpose of the attendance cooperation 1 42 meeting is for the parties participating in the 1 43 meeting to attempt to ascertain the cause of the 1 44 child's nonattendance, to cause the parties to arrive 1 45 at an agreement relative to addressing the child's 1 46 attendance, and to initiate referrals to any agencies 1 47 or counseling that the department of human services 1 48 believes to be appropriate under the circumstances. 1 49 The terms agreed to shall be reduced to writing in an 1 50 attendance cooperation agreement and signed by the 2 1 child's parent or other specified relative whose needs 2 2 are included in the child's assistance grant, the 2 3 child, and the representative of the department of 2 4 human services. If appropriate, other persons 2 5 participating in the attendance cooperation meeting 2 6 may also sign the agreement. Each party signing the 2 7 agreement shall receive a copy of the agreement, which 2 8 shall set forth the cause identified for the child's 2 9 nonattendance and future responsibilities of each 2 10 party. 2 11 4. If the parties fail to enter into an attendance 2 12 cooperation agreement, or the child's parent or other 2 13 specified relative whose needs are included in the 2 14 child's assistance grant violates a term of the 2 15 attendance cooperation agreement or fails to engage in 2 16 an attendance cooperation meeting, the child's family 2 17 shall be subject to sanction as provided in this 2 18 section. The sanction shall continue to apply until 2 19 the department of human services receives written 2 20 notification from the school truancy officer of any of 2 21 the following: 2 22 a. The child is complying with the attendance 2 23 policy applicable to the child's school. 2 24 b. The child has satisfactorily completed 2 25 educational requirements through the sixth grade. 2 26 c. The child's school has determined there is good 2 27 cause for the child's nonattendance and the school 2 28 withdraws the written notification. 2 29 d. The child is no longer enrolled in the school 2 30 for which the written notification was provided and 2 31 the child's family demonstrates that the child is 2 32 enrolled in and is attending another school or is 2 33 otherwise receiving equivalent schooling as authorized 2 34 under state law. 2 35 5. The sanction under this section shall be a 2 36 deduction from the cash assistance grant payable to 2 37 the child's family in an amount equivalent to twenty- 2 38 five percent of the family investment program payment 2 39 standard applicable to the family. If more than one 2 40 child in the family is deemed to be truant, the 2 41 sanction shall continue to apply until the department 2 42 receives written notification from the school truancy 2 43 officer, as provided in subsection 4, concerning each 2 44 child. 2 45 6. Notwithstanding any contrary provision of 2 46 chapter 239, unless prohibited by federal law, the 2 47 department may release or make information available 2 48 to a school truancy officer, as defined in section 2 49 299.12, regarding persons applying for or receiving 2 50 assistance under this chapter as necessary to verify 3 1 the family investment program assistance status of a 3 2 child of a family who may be subject to sanction under 3 3 this section. The department shall implement 3 4 protocols restricting information access under this 3 5 section by region or other means to provide for the 3 6 minimum access to information necessary to implement 3 7 the purposes of this section. The department may 3 8 adopt rules as necessary to administer this section. 3 9 Information shared as part of an attendance 3 10 cooperation meeting and the attendance cooperation 3 11 agreement itself shall be considered a confidential 3 12 record under section 22.7 and unless authorized under 3 13 this section or section 299.12, dissemination of the 3 14 information and the attendance cooperation agreement 3 15 is subject to the provisions of chapter 22 applicable 3 16 to confidential records. 3 17 Sec. 2. Section 299.5A, unnumbered paragraph 1, 3 18 Code 1997, is amended to read as follows: 3 19 If a child is truant as defined in section 299.8, 3 20 school officers shall attempt to find the cause for 3 21 the child's absence and use every means available to 3 22 the school to assure that the child does attend. The 3 23 school may utilize an attendance cooperation meeting 3 24 and agreement process which substantially conforms 3 25 with the requirements of section 239.5B. Information 3 26 shared as part of an attendance cooperation meeting 3 27 and the attendance cooperation agreement itself shall 3 28 be considered a confidential record under section 22.7 3 29 and dissemination of the information and the 3 30 attendance cooperation agreement is subject to the 3 31 provisions of chapter 22 applicable to confidential 3 32 records. If the parent, guardian, or legal or actual 3 33 custodian, or child refuses to accept the school's 3 34 attempt to assure the child's attendance or the 3 35 school's attempt to assure the child's attendance is 3 36 otherwise unsuccessful, the truancy officer shall 3 37 refer the matter to the county attorney for mediation 3 38 or prosecution. 3 39 Sec. 3. Section 299.6, Code 1997, is amended by 3 40 adding the following new unnumbered paragraph: 3 41 NEW UNNUMBERED PARAGRAPH. If a child's parent, 3 42 guardian, or legal or actual custodian who is found 3 43 guilty and is subject to a penalty as provided in this 3 44 section has been subject to a sanction under section 3 45 239.5B as a result of the child's truancy, the court 3 46 may waive the penalty under this section. 3 47 Sec. 4. NEW SECTION. 299.6A CIVIL PENALTY 3 48 DISTRIBUTION OF FUNDS. 3 49 1. In lieu of a criminal proceeding under section 3 50 299.6, a county attorney may bring a civil action 4 1 against a parent, guardian, or legal or actual 4 2 custodian of a child who is of compulsory attendance 4 3 age, has not completed educational requirements, and 4 4 is truant, if the parent, guardian, or legal or actual 4 5 custodian has failed to cause the child to attend a 4 6 public school, an accredited nonpublic school, or 4 7 competent private instruction in the manner provided 4 8 in this chapter. If the court finds that the parent, 4 9 guardian, or legal or actual custodian has failed to 4 10 cause the child to attend as required in this section, 4 11 the court shall assess a civil penalty of not less 4 12 than one hundred but not more than one thousand 4 13 dollars, for each violation established. However, if 4 14 the court finds that the parent, guardian, or legal or 4 15 actual custodian of the child has been subject to 4 16 sanction under section 239.5B as a result of the 4 17 child's truancy, the court may waive the civil penalty 4 18 under this section. 4 19 2. Funds received from civil penalties assessed 4 20 pursuant to this section shall be paid to the school 4 21 district of residence or school district of 4 22 enrollment, if open enrolled, of the person against 4 23 whom the court assessed the penalty. The school 4 24 district shall use moneys received under this 4 25 subsection to support programs for students who meet 4 26 the definition of at-risk children adopted by the 4 27 department of education. 4 28 Sec. 5. NEW SECTION. 299.12 TRUANT CHILDREN 4 29 FAMILY INVESTMENT PROGRAM. 4 30 1. For the purposes of this section, "school 4 31 truancy officer" means a truancy officer appointed 4 32 under section 299.10 or any other person designated by 4 33 a public school board or a governing body of an 4 34 accredited nonpublic school to administer provisions 4 35 of this section. 4 36 2. If a child deemed to be truant under this 4 37 chapter is a member of a family receiving or applying 4 38 for family investment program assistance under chapter 4 39 239 and has not completed the sixth grade, the school 4 40 truancy officer shall provide notification to the 4 41 department of human services as provided in section 4 42 239.5B. An initial and any subsequent notification 4 43 shall be made in writing. 4 44 3. Notwithstanding any other provision of this 4 45 chapter to the contrary, unless prohibited by federal 4 46 law, a school truancy officer may release information 4 47 to the department of human services and may receive 4 48 information from the department of human services 4 49 regarding a child described in subsection 2. In 4 50 addition, the school truancy officer may utilize other 5 1 sources available to the officer as necessary to 5 2 verify whether a child is a member of a family 5 3 receiving or applying for family investment program 5 4 assistance. Release of information under this section 5 5 shall be restricted to the minimum access to 5 6 information necessary to achieve the purposes of this 5 7 section. 5 8 4. It is the intent of this section that a public 5 9 school board or governing body of an accredited 5 10 nonpublic school shall exercise the authority granted 5 11 under this section as a means of increasing and 5 12 ensuring school attendance of young children, as 5 13 education is a critical element in the success of 5 14 individuals and good attendance habits should be 5 15 developed and reinforced at an early age. 5 16 Sec. 6. EFFECTIVE DATE APPLICABILITY 5 17 EMERGENCY RULES CODE EDITOR. 5 18 1. a. Section 239.5B, as enacted by this Act, 5 19 being deemed of immediate importance, takes effect 5 20 upon enactment. 5 21 b. The department of human services shall begin 5 22 implementing the provisions of section 239.5B, as 5 23 enacted by this Act, which require written 5 24 authorization for release of information as a 5 25 condition of eligibility for family investment program 5 26 assistance, effective July 1, 1997, and shall complete 5 27 implementation not later than December 31, 1997. 5 28 c. The provisions of sections 239.5B and 299.12 5 29 authorizing information release or access between the 5 30 department of human services and school truancy 5 31 officers shall apply beginning January 1, 1998. 5 32 2. The department of human services may adopt 5 33 emergency rules under section 17A.4, subsection 2, and 5 34 section 17A.5, subsection 2, paragraph "b", to 5 35 implement the provisions of section 239.5B, as enacted 5 36 by this Act, in accordance with this section and the 5 37 rules shall be effective immediately upon filing, 5 38 unless the effective date is delayed by the 5 39 administrative rules review committee, notwithstanding 5 40 section 17A.4, subsection 5, and section 17A.8, 5 41 subsection 9, or a later effective date is specified 5 42 in the rules. Any rules adopted in accordance with 5 43 this subsection shall not take effect before the rules 5 44 are reviewed by the administrative rules review 5 45 committee. Any rules adopted in accordance with this 5 46 section shall also be published as a notice of 5 47 intended action as provided in section 17A.4. 5 48 3. If Senate File 516 or other legislation 5 49 providing for the repeal of chapters 239 and 249C and 5 50 codification of the family investment program in 6 1 chapter 239B is enacted by the Seventy-seventh General 6 2 Assembly, 1997 Session, the repeal of chapter 239 6 3 shall not be deemed to repeal section 239.5B, as 6 4 enacted by this Act, and the Code editor shall codify 6 5 section 239.5B, as enacted by this Act, as part of 6 6 chapter 239B and shall revise internal references to 6 7 that section necessary to conform with the designation 6 8 codified by the Code editor." 6 9 #2. Title page, by striking lines 1 through 5 and 6 10 inserting the following: "An Act relating to school 6 11 attendance by applying school attendance requirements 6 12 under the family investment program, and providing a 6 13 civil penalty for truancy, applicability provisions, 6 14 and an effective date." 6 15 6 16 6 17 6 18 MAGGIE TINSMAN 6 19 SF 453.301 77 6 20 jp/cf/28
Text: S03414 Text: S03416 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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