281—31.3(299,299A) Competent private instruction.
	31.3(1) By licensed practitioner. Competent private instruction by a licensed practitioner complies with this chapter.
	a. 	Instruction under this subrule may include a home school assistance program. A home school assistance program is provided by instructional assistance and supervision to a parent, guardian, or legal custodian providing instruction to a child through an accredited nonpublic school or public school district by an appropriately certified or licensed educator.
	b. 	If instruction is provided through a public school district:
	(1)	The child will be enrolled and included in the basic enrollment of the school district.
	(2)	Iowa Code sections 299A.3 through 299A.7 do not apply in this circumstance, with the exception of the reporting provision in Iowa Code section 299A.3(1).
	c. 	If a person is a privately retained licensed practitioner (who possesses a valid Iowa teaching certificate or practitioner license, including a substitute teacher’s license or a substitute authorization that is appropriate to the grade level of the student), that practitioner may provide competent private instruction.
	(1)	The duties of a licensed teacher who instructs or provides instructional supervision of a student include the following:
	1.	Contact with the student and the student’s parent, guardian, or legal or actual custodian at least twice per 45 days of instruction, during which time the teacher practitioner fulfills the duties described below. One of every two contacts will be face-to-face with the student.
	2.	Consulting with and advising the student’s parent, guardian, or legal or actual custodian as requested by the student’s parent, guardian, or legal or actual custodian or as deemed necessary in the professional judgment of the practitioner.
	3.	Providing formal and informal assessments of the student’s progress to the student and the student’s parent, guardian, or legal or actual custodian.
	4.	Annually maintaining a diary, record, or log of visitations and assistance provided.
	5.	Referring to the child’s district of residence for evaluation a child who the practitioner has reason to believe may need special education.
	(2)	A licensed Iowa practitioner who is employed under this rule will not serve in that capacity on behalf of more than 25 families, or more than 50 children of compulsory attendance age, in an academic year unless the service is provided pursuant to the teacher’s employment with a nonaccredited nonpublic entity.
A licensed practitioner may seek exemption from the above limitation by submitting a written request to the director of the department of education. Exemptions will be granted when the director is satisfied that the limitation will impose a substantial hardship on the person or the school providing instruction or instructional supervision and that the best interests of all children being served by the practitioner will continue to be met.
	31.3(2) By parent, guardian, or legal custodian. A parent, guardian, or legal custodian without a current Iowa teaching license providing competent private instruction for any child of compulsory age may:
	a. 	Provide a report to the school district of residence of the child within 30 days of commencing instruction under this rule, which report demonstrates compliance with Iowa Code chapter 299A and this chapter.
	b. 	Annually evaluate the child to determine whether the child is making adequate progress.
	c. 	Report the child’s annual evaluation to the school district of residence of the child and to the department of education by August 1.
[ARC 8049C, IAB 6/12/24, effective 7/17/24]