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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
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