Text: S03414 Text: S03416 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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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