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Senate Amendment 3418

Amendment Text

PAG LIN
  1  1    Amend House File 597, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  By striking page 1, line 17, through page 2,
  1  4 line 19, and inserting the following:  "deemed to be
  1  5 truant, the child's family shall be subject to
  1  6 sanction as".
  1  7    #2.  Page 3, by striking lines 1 through 4 and
  1  8 inserting the following:
  1  9    "5.  The sanction under this section shall be a
  1 10 deduction of twenty-five percent from the net cash
  1 11 assistance grant amount payable to the child's family
  1 12 prior to any deduction for recoupment of prior
  1 13 overpayment."
  1 14    #3.  Page 3, by striking lines 21 through 27.
  1 15    #4.  By striking page 3, line 33, through page 4,
  1 16 line 6, and inserting the following:  "that the child
  1 17 does attend.  Prior to deeming a child who has
  1 18 completed educational requirements through the sixth
  1 19 grade truant, the school may utilize an attendance
  1 20 cooperation process which substantially conforms with
  1 21 the provisions of section 299.12.  If the parent,".
  1 22    #5.  Page 5, line 12, by striking the words "TRUANT
  1 23 CHILDREN" and inserting the following:  "VIOLATION OF
  1 24 ATTENDANCE POLICY".
  1 25    #6.  By striking page 5, line 19, through page 6,
  1 26 line 9, and inserting the following:
  1 27    "___.  Prior to a child who has not completed
  1 28 educational requirements through the sixth grade being
  1 29 deemed to be truant, the school truancy officer shall
  1 30 contact the child's parent, guardian, or legal or
  1 31 actual custodian to participate as a member of an
  1 32 attendance team for the child.  Parties who are
  1 33 members of an attendance team may include the child
  1 34 and shall include the child's parent, guardian, or
  1 35 legal or actual custodian and the school truancy
  1 36 officer.  If the child is a member of a family
  1 37 receiving assistance under the family investment
  1 38 program, the department of human services shall be
  1 39 notified and shall make the contacts for attendance
  1 40 team participation in lieu of the school truancy
  1 41 officer.  For a child who is a member of a family
  1 42 receiving assistance under the family investment
  1 43 program, the attendance team shall include the child's
  1 44 parent or specified relative whose needs are included
  1 45 in the child's assistance grant and a representative
  1 46 of the department of human services.  The school
  1 47 truancy officer or the representative of the
  1 48 department of human services making the attendance
  1 49 team participation contacts may invite other school
  1 50 officials, a designee of the juvenile court, the
  2  1 county attorney or the county attorney's designee, or
  2  2 other persons deemed appropriate to participate in the
  2  3 attendance team.
  2  4    ___.  The attendance team shall hold an attendance
  2  5 cooperation meeting.  The purpose of the attendance
  2  6 cooperation meeting is for the parties participating
  2  7 in the meeting to attempt to ascertain the cause of
  2  8 the child's nonattendance, to cause the parties to
  2  9 arrive at an agreement relative to addressing the
  2 10 child's attendance, and to initiate referrals to any
  2 11 services or counseling that the attendance team
  2 12 believes to be appropriate under the circumstances.
  2 13 The terms agreed to shall be reduced to writing in an
  2 14 attendance cooperation agreement and signed by the
  2 15 parties to the agreement.  Each party signing the
  2 16 agreement shall receive a copy of the agreement, which
  2 17 shall set forth the cause identified for the child's
  2 18 nonattendance and future responsibilities of each
  2 19 party.
  2 20    ___.  If an attendance team determines that a
  2 21 monitor would improve compliance with the attendance
  2 22 cooperation agreement, the attendance team may
  2 23 designate a person to monitor the agreement.  The
  2 24 monitor may be a volunteer, a member of the attendance
  2 25 team, a designee of the public school board or
  2 26 governing body of the accredited nonpublic school, or
  2 27 other appropriate person.  A monitor shall contact
  2 28 parties to the attendance cooperation agreement on a
  2 29 periodic basis as appropriate to monitor performance
  2 30 of the agreement.
  2 31    ___.  If the parties fail to enter into an
  2 32 attendance cooperation agreement, or the child's
  2 33 parent, guardian, or custodian acting as a party
  2 34 violates a term of the attendance cooperation
  2 35 agreement or fails to participate in an attendance
  2 36 cooperation meeting, the child may be deemed to be
  2 37 truant.
  2 38    ___.  a.  If a child deemed to be truant under this
  2 39 section is a member of a family receiving family
  2 40 investment program assistance under chapter 239 and
  2 41 has not completed the sixth grade, the school truancy
  2 42 officer may provide notification to the department of
  2 43 human services.  An initial and any subsequent
  2 44 notification shall be made in writing.  The form of
  2 45 the notification shall be mutually determined by the
  2 46 departments of human services and education.
  2 47    b.  Notwithstanding any other provision of this
  2 48 chapter to the contrary, unless prohibited by federal
  2 49 law, a school truancy officer may release information
  2 50 to the department of human services and may receive
  3  1 information from the department of human services
  3  2 regarding a child described in paragraph "a".  In
  3  3 addition, the school truancy officer may utilize other
  3  4 sources available to the officer as necessary to
  3  5 verify whether a child is a member of a family
  3  6 receiving family investment program assistance.
  3  7 Release of information under this section shall be
  3  8 limited to the minimum access to information necessary
  3  9 to achieve the purposes of this section.
  3 10       .  A public school board or governing body of an
  3 11 accredited nonpublic school shall exercise the
  3 12 authority granted under this section as a means of
  3 13 increasing and ensuring school attendance of young
  3 14 children, as education is a critical element in the
  3 15 success of individuals and good attendance habits
  3 16 should be developed and reinforced at an early age."
  3 17    #7.  Page 6, by inserting before line 10 the
  3 18 following:
  3 19    "Sec.    .  NEW SECTION.  299.13  CIVIL
  3 20 ENFORCEMENT.
  3 21    A person shall not disseminate or redisseminate
  3 22 information shared with the person pursuant to section
  3 23 235.5B, 299.5A, or 299.12, unless specifically
  3 24 authorized to do so by section 217.30, 235.5B, 299.5A,
  3 25 or 299.12.  Unless a prohibited dissemination or
  3 26 redissemination of information is subject to
  3 27 injunction or sanction under other state or federal
  3 28 law, an action for judicial enforcement may be brought
  3 29 in accordance with this section.  An aggrieved person,
  3 30 the attorney general, or a county attorney may seek
  3 31 judicial enforcement of the requirements of this
  3 32 section in an action brought against the public school
  3 33 or accredited nonpublic school or any other person who
  3 34 has been granted access to information pursuant to
  3 35 section 235.5B, 299.5A, or 299.12.  Suits to enforce
  3 36 this section shall be brought in the district court
  3 37 for the county in which the information was
  3 38 disseminated or redisseminated.  Upon a finding by a
  3 39 preponderance of the evidence that a person has
  3 40 violated this section, the court shall issue an
  3 41 injunction punishable by civil contempt ordering the
  3 42 person in violation of this section to comply with the
  3 43 requirements of, and to refrain from any violations of
  3 44 section 235.5B, 299.5A, or 299.12 with respect to the
  3 45 dissemination or redissemination of information shared
  3 46 with the person pursuant to section 235.5B, 299.5A, or
  3 47 299.12."
  3 48    #8.  By renumbering as necessary.  
  3 49 
  3 50 
  4  1                               
  4  2 MAGGIE TINSMAN 
  4  3 
  4  4 
  4  5                               
  4  6 NANCY BOETTGER 
  4  7 
  4  8 
  4  9                               
  4 10 MARY NEUHAUSER 
  4 11 
  4 12                               
  4 13 JOHN REDWINE 
  4 14 HF 597.309 77
  4 15 jp/cf/28
     

Text: S03417                            Text: S03419
Text: S03400 - S03499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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