Text: SF00452 Text: SF00454 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 239.5B SCHOOL ATTENDANCE. 1 2 1. As a condition of eligibility for assistance under this 1 3 chapter, the department shall require a child's parent or 1 4 other specified relative whose needs are included in the cash 1 5 assistance grant payable to the child's family to cooperate 1 6 with efforts to ensure that the child completes educational 1 7 requirements through the sixth grade. The required 1 8 cooperation shall include but is not limited to participation 1 9 in a school attendance cooperation meeting and agreement in 1 10 accordance with section 299.12. 1 11 2. If the department receives notification from a school 1 12 truancy officer in accordance with section 299.12 that a child 1 13 receiving assistance under this chapter is deemed to be 1 14 truant, the child's family shall be subject to sanction as 1 15 provided in this section. The sanction shall continue to 1 16 apply until the department of human services receives written 1 17 notification from the school truancy officer of any of the 1 18 following: 1 19 a. The child is complying with the attendance policy 1 20 applicable to the child's school. 1 21 b. The child has satisfactorily completed educational 1 22 requirements through the sixth grade. 1 23 c. The child's school has determined there is good cause 1 24 for the child's nonattendance and the school withdraws the 1 25 written notification. 1 26 d. The child is no longer enrolled in the school for which 1 27 the written notification was provided and the child's family 1 28 demonstrates that the child is enrolled in and is attending 1 29 another school or is otherwise receiving equivalent schooling 1 30 as authorized under state law. 1 31 3. The sanction under this section shall be a deduction 1 32 from the cash assistance grant payable to the child's family 1 33 in an amount equivalent to twenty-five percent of the family 1 34 investment program payment standard applicable to the family. 1 35 If more than one child in the family is deemed to be truant, 2 1 the sanction shall continue to apply until the department 2 2 receives written notification from the school truancy officer 2 3 concerning each child as provided in subsection 2. 2 4 4. Notwithstanding any contrary provision of chapter 239, 2 5 unless prohibited by federal law, the department may release 2 6 information to a school truancy officer, as defined in section 2 7 299.12, regarding persons receiving assistance under this 2 8 chapter as necessary to verify the family investment program 2 9 assistance status of a child of a family who may be subject to 2 10 sanction under this section. The department may adopt rules 2 11 as necessary to administer this section. 2 12 Sec. 2. Section 279.9A, Code 1997, is amended to read as 2 13 follows: 2 14 279.9A INFORMATION SHARING. 2 15 1. The rules referred to in section 279.9 shall provide 2 16 that upon the request of school officials of a school to which 2 17 the student seeks to transfer or has transferred, school 2 18 officials of the sending school shall provide an accurate 2 19 record of any suspension or expulsion actions taken, and the 2 20 basis for those actions taken, against the student under 2 21 sections 279.9, 280.19A, 282.3, 282.4, and 282.5. The 2 22 designated representative shall disclose this information only 2 23 to those school employees whose duties require them to be 2 24 involved with the student. For purposes of this section, 2 25 "school employees" means persons employed by a nonpublic 2 26 school or school district, or any area education agency staff 2 27 member who provides services to a school or school district. 2 28 2. a. The board of directors of each public school and 2 29 the authorities in charge of each accredited nonpublic school 2 30 shall adopt rules which provide that the school district or 2 31 school may share information contained within a student's 2 32 permanent record pursuant to an interagency agreement with the 2 33 department of human services, school and law enforcement 2 34 authorities, and other signatory agencies. The board of 2 35 directors or authorities shall limit the information shared 3 1 pursuant to an interagency agreement to that information which 3 2 is necessary to achieve the purpose of the agreement. The 3 3 purpose of the agreement shall be to reduce juvenile crime by 3 4 promoting cooperation and collaboration and the sharing of 3 5 appropriate information between the parties in a joint effort 3 6 to improve school safety, reduce truancy, reduce school 3 7 suspensions and expulsions, and to support alternatives to 3 8 suspensions and expulsions which provide structured and well- 3 9 supervised educational programs supplemented by coordinated 3 10 and appropriate services designed to correct behaviors that 3 11 lead to truancy, suspension, and expulsions and to support 3 12 students in successfully completing their education. 3 13 Information shared under the agreement shall be used solely 3 14 for determining the programs and services appropriate to the 3 15 needs of the student or the student's family, or coordinating 3 16 the delivery of programs and services to the student or the 3 17 student's family. Information shared under the agreement is 3 18 not admissible in any court proceedings which take place prior 3 19 to a disposition hearing, unless written consent is obtained 3 20 from a student's parent, guardian, or legal or actual 3 21 custodian. 3 22 b. A school or school district entering into an 3 23 interagency agreement under this section shall adopt a policy 3 24 implementing the provisions of the interagency agreement. The 3 25 policy shall include, but not be limited to, the provisions of 3 26 the interagency agreement and the procedures to be used by the 3 27 school or school district to share information from the 3 28 student's permanent record with participating agencies. The 3 29 policy shall be published in the student handbook. 3 30 Sec. 3. NEW SECTION. 299.6A CIVIL PENALTY – 3 31 DISTRIBUTION OF FUNDS. 3 32 1. In lieu of proceeding under section 299.6, a county 3 33 attorney may bring a civil action against a parent, guardian, 3 34 or legal or actual custodian of a child who is of compulsory 3 35 attendance age, has not completed educational requirements, 4 1 and is truant, if the parent, guardian, or legal or actual 4 2 custodian has failed to cause the child to attend a public 4 3 school, an accredited nonpublic school, or competent private 4 4 instruction in the manner provided in this chapter. If the 4 5 court finds that the parent, guardian, or legal or actual 4 6 custodian has failed to cause the child to attend as required 4 7 in this section, the court shall assess a civil penalty of not 4 8 less than one hundred but not more than one thousand dollars, 4 9 for each violation established. However, if the court finds 4 10 that the parent, guardian, or legal or actual custodian of the 4 11 child has been subject to sanction under section 239.5B as a 4 12 result of the child's truancy, the court may waive the civil 4 13 penalty under this section. 4 14 2. Funds received from civil penalties assessed pursuant 4 15 to this section shall be paid to the school district of 4 16 residence or school district of enrollment, if open enrolled, 4 17 of the student on whose account the court assessed the 4 18 penalty. The school district shall use moneys received under 4 19 this subsection to support programs for students who meet the 4 20 definition of at-risk children adopted by the department of 4 21 education. 4 22 Sec. 4. NEW SECTION. 299.12 VIOLATION OF ATTENDANCE 4 23 POLICY – FAMILY INVESTMENT PROGRAM. 4 24 1. For the purposes of this section: 4 25 a. "Attendance tracker" means a person designated by the 4 26 juvenile court, public school board, or governing body of an 4 27 accredited nonpublic school to monitor compliance with an 4 28 attendance cooperation agreement. 4 29 b. "School truancy officer" means a truancy officer 4 30 appointed under section 299.10 or any other person designated 4 31 by a public school board or a governing body of an accredited 4 32 nonpublic school to administer provisions of this section. 4 33 2. If a school truancy officer determines a child is at- 4 34 risk of being deemed to be truant, the school truancy officer 4 35 shall contact the child's parent, guardian, or legal or actual 5 1 custodian to participate as a member of an attendance team for 5 2 the child. Parties who are members of an attendance team may 5 3 include the child and shall include the child's parent, 5 4 guardian, or legal or actual custodian and the school truancy 5 5 officer. If the child is a member of a family receiving 5 6 assistance under the family investment program, the attendance 5 7 team shall include the child's parent or specified relative 5 8 whose needs are included in the child's assistance grant and a 5 9 representative of the department of human services. Other 5 10 school officials, designee of the juvenile court, the county 5 11 attorney or the county attorney's designee, and other persons 5 12 deemed appropriate by the school truancy officer may be 5 13 invited to participate in the attendance team. 5 14 3. The attendance team shall hold an attendance 5 15 cooperation meeting. The purpose of the attendance 5 16 cooperation meeting is for the parties participating in the 5 17 meeting to attempt to ascertain the cause of the child's 5 18 nonattendance, to cause the parties to arrive at an agreement 5 19 relative to addressing the child's attendance, and to initiate 5 20 referrals to any services or counseling that the attendance 5 21 team believes to be appropriate under the circumstances. The 5 22 department of human services shall monitor and assist with 5 23 referrals for counseling or other social services. The terms 5 24 agreed to shall be reduced to writing in an attendance 5 25 cooperation agreement and signed by the parties to the 5 26 agreement. Each party signing the agreement shall receive a 5 27 copy of the agreement, which shall set forth the cause 5 28 identified for the child's nonattendance and future 5 29 responsibilities of each party. 5 30 4. If an attendance team determines that an attendance 5 31 tracker would improve compliance with the attendance 5 32 cooperation agreement, the attendance team may arrange for an 5 33 attendance tracker to monitor the agreement. An attendance 5 34 tracker shall contact parties to the attendance cooperation 5 35 agreement on a periodic basis as appropriate to monitor 6 1 performance of the agreement. 6 2 5. If the parties fail to enter into an attendance 6 3 cooperation agreement, or the child's parent, guardian, or 6 4 custodian acting as a party violates a term of the attendance 6 5 cooperation agreement or fails to participate in an attendance 6 6 cooperation meeting, the child may be deemed to be truant. 6 7 6. a. If a child deemed to be truant under this section 6 8 is a member of a family receiving family investment program 6 9 assistance under chapter 239 and has not completed the sixth 6 10 grade, the school truancy officer may provide notification to 6 11 the department of human services as provided in section 6 12 239.5B. An initial and any subsequent notification shall be 6 13 made in writing. The form of the notification shall be 6 14 mutually determined by the departments of human services and 6 15 education. 6 16 b. Notwithstanding any other provision of this chapter to 6 17 the contrary, unless prohibited by federal law, a school 6 18 truancy officer may release information to the department of 6 19 human services and may receive information from the department 6 20 of human services regarding a child described in paragraph 6 21 "a". In addition, the school truancy officer may utilize 6 22 other sources available to the officer as necessary to verify 6 23 whether a child is a member of a family receiving family 6 24 investment program assistance. The release of information 6 25 under this section may be the subject of an interagency 6 26 agreement under section 279.9A. 6 27 7. It is the intent of this section that a public school 6 28 board or governing body of an accredited nonpublic school 6 29 shall exercise the authority granted under this section as a 6 30 means of increasing and ensuring school attendance of young 6 31 children, as education is a critical element in the success of 6 32 individuals and good attendance habits should be developed and 6 33 reinforced at an early age. 6 34 EXPLANATION 6 35 This bill relates to school attendance and interagency 7 1 efforts to address children's problems. 7 2 New Code section 239.5B is created. As a condition of 7 3 eligibility under the family investment program (FIP), a 7 4 child's parent or other specified relative whose needs are 7 5 considered in the cash assistance grant paid to the child's 7 6 family must cooperate with efforts to ensure the child's 7 7 school attendance, including participating in a team to secure 7 8 an attendance cooperation agreement under new Code section 7 9 299.12 which is in the bill. 7 10 If a school truancy officer notifies the department of 7 11 human services that a child in a family receiving FIP 7 12 assistance is truant, the family is subject to sanction under 7 13 FIP. The sanction applies until the school truancy officer 7 14 notifies the department that the child's attendance is changed 7 15 as described in the bill. The sanction is a deduction from 7 16 the cash benefits payable to the child's family. The 7 17 deduction amount is 25 percent of the family investment 7 18 program payment standard applicable to the child's family. 7 19 The payment standard is the gross amount for cash benefits 7 20 based on family size and other requirements as established in 7 21 administrative rules prior to any adjustments. Subject to 7 22 federal law, any contrary confidentiality provisions in the 7 23 FIP and school attendance chapters are rendered inapplicable 7 24 to disclosures necessary to implement the bill's provisions. 7 25 Code section 279.9A, providing for information sharing, is 7 26 amended to provide for the sharing of information between 7 27 school officials and various agencies pursuant to interagency 7 28 agreements designed to improve school safety, reduce truancy, 7 29 reduce suspensions and expulsions, and to support various 7 30 alternatives which support students in successfully completing 7 31 their education. 7 32 The bill creates Code section 299.12 to authorize schools 7 33 to establish an attendance team when a child is at risk of 7 34 being deemed truant. The attendance team may include the 7 35 child and must include the child's parent, guardian, or 8 1 custodian. If the child is in a family receiving FIP 8 2 assistance, the team is also to include a representative of 8 3 the department of human services. Representatives of the 8 4 juvenile court, county attorney, or others may be included. 8 5 The attendance team is to schedule an attendance cooperation 8 6 meeting to develop an agreement. The terms agreed to for 8 7 addressing the child's attendance are to be reduced to writing 8 8 in an attendance cooperation agreement. The team may arrange 8 9 for an attendance tracker to monitor compliance with the 8 10 agreement. If the parties fail to enter into an agreement, 8 11 the terms are violated, of if the child's parent, guardian, or 8 12 custodian fails to participate in an attendance cooperation 8 13 meeting, the child may be deemed to be truant. 8 14 The bill also includes new Code section 299.6A which 8 15 provides a county attorney with the option of bringing a civil 8 16 action, in lieu of criminal prosecution, against the parent, 8 17 guardian, or legal or actual custodian of a child deemed 8 18 truant. If the court, under the bill, finds in favor of the 8 19 civil prosecution, the civil penalty assessed shall be between 8 20 $100 and $1,000 for each violation established. The bill 8 21 authorizes the court to waive the civil penalty for a FIP 8 22 family which has been subject to sanction for truancy. The 8 23 sanction applies until the school truancy officer notifies the 8 24 department that the child's attendance is changed as described 8 25 in the bill. The sanction is a deduction from the cash 8 26 benefits payable to the child's family. The deduction amount 8 27 is 25 percent of the family investment program payment 8 28 standard applicable to the child's family. The payment 8 29 standard is the gross amount for cash benefits based on family 8 30 size and other requirements as established in administrative 8 31 rules prior to any adjustments. Subject to federal law, any 8 32 contrary confidentiality provisions in state law are rendered 8 33 inapplicable to disclosures necessary to implement the 8 34 provisions. These two new Code sections take effect July 1, 8 35 1998. 9 1 LSB 2248SV 77 9 2 jp/jj/8
Text: SF00452 Text: SF00454 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1997 Cornell College and League of Women Voters of Iowa
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Last update: Sat Apr 19 03:40:03 CDT 1997