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PAG LIN
1 1 Section 1. NEW SECTION. 239.5B SCHOOL ATTENDANCE.
1 2 1. If the department receives written notification from a
1 3 school truancy officer under section 299.11A that a child
1 4 deemed to be truant under chapter 299 is a member of a family
1 5 receiving or applying for assistance under this chapter and
1 6 has not completed the sixth grade, the department shall
1 7 determine if the child's family is receiving or applying for
1 8 assistance under this chapter. If the department determines
1 9 the child's family is receiving or applying for assistance
1 10 under this chapter, the child's family shall be subject to
1 11 sanction in accordance with this section. The sanction shall
1 12 continue to apply until the department receives written
1 13 notification from the school truancy officer of any of the
1 14 following:
1 15 a. The child is complying with the attendance policy
1 16 applicable to the child's school.
1 17 b. The child has satisfactorily completed educational
1 18 requirements through the sixth grade.
1 19 c. The child's school has determined there is good cause
1 20 for the child's nonattendance and the school withdraws the
1 21 written notification.
1 22 d. The child is no longer enrolled in the school for which
1 23 the written notification was provided and the child's family
1 24 demonstrates that the child is enrolled in and is attending
1 25 another school or is otherwise receiving equivalent schooling
1 26 as authorized under state law.
1 27 2. The sanction under this section shall be a deduction
1 28 from cash benefit assistance payable to the child's family in
1 29 an amount equivalent to twenty-five percent of the applicable
1 30 family investment program payment standard.
1 31 3. Notwithstanding any other provision of law to the
1 32 contrary, unless prohibited by federal law, the department may
1 33 release information to a school truancy officer, as defined in
1 34 section 299.11A, regarding persons applying for or receiving
1 35 assistance under this chapter as necessary to verify the
2 1 public assistance status of a child of a family who may be
2 2 subject to sanction under this section. The department may
2 3 adopt rules as necessary to administer this section.
2 4 Sec. 2. NEW SECTION. 299.11A TRUANT CHILDREN – FAMILY
2 5 INVESTMENT PROGRAM.
2 6 1. For the purposes of this section, "school truancy
2 7 officer" means a truancy officer appointed under section
2 8 299.10 or any other person designated by a public school board
2 9 or a governing body of an accredited nonpublic school to
2 10 implement the provisions of this section.
2 11 2. If a child deemed to be truant under this chapter is a
2 12 member of a family receiving or applying for family investment
2 13 program assistance under chapter 239 and has not completed the
2 14 sixth grade, the school truancy officer may provide
2 15 notification to the department of human services as provided
2 16 in section 239.5B. An initial and any subsequent notification
2 17 shall be made in writing.
2 18 3. Notwithstanding any other provision of law to the
2 19 contrary, unless prohibited by federal law, a school truancy
2 20 officer may release information to the department of human
2 21 services and may receive information from the department
2 22 regarding a child described in subsection 2. In addition, the
2 23 school truancy officer may utilize other sources available to
2 24 the officer as necessary to verify whether a child is a member
2 25 of a family receiving or applying for family investment
2 26 program benefits.
2 27 4. It is the intent of this section that a public school
2 28 board or governing body of an accredited nonpublic school
2 29 shall exercise the authority granted under this section as a
2 30 means of increasing and ensuring school attendance of young
2 31 children, as education is a critical element in the success of
2 32 individuals and good attendance habits should be developed and
2 33 reinforced at an early age.
2 34 Sec. 3. EFFECTIVE DATE. This Act takes effect July 1,
2 35 1998.
3 1 EXPLANATION
3 2 This bill relates to applicant and recipient school
3 3 attendance requirements under the family investment program.
3 4 New Code sections 239.5B and 299.11A are created relating
3 5 to school attendance of children of families applying for or
3 6 receiving assistance under the family investment program. The
3 7 provisions are applicable to truant children applying for or
3 8 receiving assistance who have not completed the sixth grade.
3 9 A school truancy officer or other person designated by a
3 10 public school board or a governing body of an accredited
3 11 nonpublic school may notify the department of human services
3 12 that such a child is truant. If the department determines the
3 13 child's family is applying for or receiving assistance, the
3 14 child's family is subject to sanction. The sanction applies
3 15 until the school truancy officer notifies the department that
3 16 the child's attendance is changed as described in the bill.
3 17 The sanction is a deduction from the cash benefits payable to
3 18 the child's family. The deduction amount is 25 percent of the
3 19 family investment program payment standard applicable to the
3 20 child's family. The payment standard is the gross amount for
3 21 cash benefits based on family size and other requirements as
3 22 established in administrative rules prior to any adjustments.
3 23 Subject to federal law, any contrary confidentiality
3 24 provisions in state law are rendered inapplicable to
3 25 disclosures necessary to implement the provisions. These two
3 26 new Code sections take effect July 1, 1998.
3 27 LSB 2248XC 77
3 28 jp/jj/8
Text: SSB00190 Text: SSB00192 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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