House File 215 H-1021 Amend House File 215 as follows: 1 1. Page 48, after line 20 by inserting: 2 < DIVISION ___ 3 INDEPENDENT PRIVATE INSTRUCTION 4 Sec. ___. Section 261E.8, subsection 2, Code 2013, 5 is amended to read as follows: 6 2. Students from accredited nonpublic schools and 7 students receiving competent private instruction or 8 independent private instruction under chapter 299A may 9 access the program through the school district in which 10 the accredited nonpublic school or private institution 11 is located. 12 Sec. ___. Section 299.1, subsection 1, Code 2013, 13 is amended to read as follows: 14 1. Except as provided in section 299.2 , the parent, 15 guardian, or legal or actual custodian of a child 16 who is of compulsory attendance age , shall cause the 17 child to attend some public school , or an accredited 18 nonpublic school, or place the child under competent 19 private instruction or independent private instruction 20 in accordance with the provisions of chapter 299A , 21 during a school year, as defined under section 279.10 . 22 Sec. ___. Section 299.1B, Code 2013, is amended to 23 read as follows: 24 299.1B Failure to attend —— driver’s license. 25 A person who is of compulsory attendance age who 26 does not meet the requirements for an exception under 27 section 299.2, who does not attend a public school , or 28 an accredited nonpublic school, who is not receiving 29 competent private instruction or independent private 30 instruction in accordance with the provisions of 31 chapter 299A , and who does not attend an alternative 32 school , or adult education classes , shall not receive 33 an intermediate or full driver’s license until age 34 eighteen. 35 Sec. ___. Section 299.6A, subsection 1, Code 2013, 36 is amended to read as follows: 37 1. In lieu of a criminal proceeding under section 38 299.6 , a county attorney may bring a civil action 39 against a parent, guardian, or legal or actual 40 custodian of a child who is of compulsory attendance 41 age, has not completed educational requirements, and 42 is truant, if the parent, guardian, or legal or actual 43 custodian has failed to cause the child to attend a 44 public school , or an accredited nonpublic school, or 45 placed the child under competent private instruction or 46 independent private instruction in the manner provided 47 in this chapter . If the court finds that the parent, 48 guardian, or legal or actual custodian has failed to 49 cause the child to attend as required in this section , 50 -1- HF215.274 (5) 85 kh/rj 1/ 5 #1.

the court shall assess a civil penalty of not less than 1 one hundred but not more than one thousand dollars for 2 each violation established. 3 Sec. ___. Section 299.8, Code 2013, is amended to 4 read as follows: 5 299.8 “Truant” defined. 6 Any child of compulsory attendance age who fails 7 to attend school as provided in this chapter , or as 8 required by the school board’s or school governing 9 body’s attendance policy, or who fails to attend 10 competent private instruction or independent private 11 instruction under chapter 299A , without reasonable 12 excuse for the absence, shall be deemed to be a truant. 13 A finding that a child is truant, however, shall not 14 by itself mean that the child is a child in need of 15 assistance within the meaning of chapter 232 and shall 16 not be the sole basis for a child in need of assistance 17 petition. 18 Sec. ___. Section 299.11, unnumbered paragraph 1, 19 Code 2013, is amended to read as follows: 20 The truancy officer may take into custody without 21 warrant any apparently truant child and place the 22 child in the charge of the school principal, or the 23 principal’s designee, designated by the board of 24 directors of the school district in which the child 25 resides, or in the charge of any nonpublic school or 26 any authority providing competent private instruction 27 or independent private instruction as defined in 28 section 299A.1, designated by the parent, guardian, or 29 legal or actual custodian; but if it is other than a 30 public school, the instruction and maintenance of the 31 child shall be without expense to the school district. 32 If a child is taken into custody under this section , 33 the truancy officer shall make every reasonable attempt 34 to immediately notify the parent, guardian, or legal or 35 actual custodian of the child’s location. 36 Sec. ___. Section 299.12, subsection 2, Code 2013, 37 is amended to read as follows: 38 2. This section is not applicable to a child 39 who is receiving competent private instruction or 40 independent private instruction in accordance with the 41 requirements of chapter 299A . If a child is not in 42 compliance with the attendance requirements established 43 under section 299.1 , and has not completed educational 44 requirements through the sixth grade, and the school 45 has used every means available to assure the child 46 does attend, the school truancy officer shall contact 47 the child’s parent, guardian, or legal or actual 48 custodian to participate in an attendance cooperation 49 meeting. The parties to the attendance cooperation 50 -2- HF215.274 (5) 85 kh/rj 2/ 5

meeting may include the child and shall include the 1 child’s parent, guardian, or legal or actual custodian 2 and the school truancy officer. The school truancy 3 officer contacting the participants in the attendance 4 cooperation meeting may invite other school officials, 5 a designee of the juvenile court, the county attorney 6 or the county attorney’s designee, or other persons 7 deemed appropriate to participate in the attendance 8 cooperation meeting. 9 Sec. ___. Section 299A.1, Code 2013, is amended to 10 read as follows: 11 299A.1 Private Competent private instruction and 12 independent private instruction . 13 1. The parent, guardian, or legal custodian of 14 a child of compulsory attendance age who places the 15 child under private instruction shall provide, unless 16 otherwise exempted, competent private instruction or 17 independent private instruction in accordance with this 18 chapter . A parent, guardian, or legal custodian of 19 a child of compulsory attendance age who places the 20 child under private instruction which is not competent 21 private instruction or independent private instruction , 22 or otherwise fails to comply with the requirements of 23 this chapter , is subject to the provisions of sections 24 299.1 through 299.4 and the penalties provided in 25 section 299.6 . 26 2. For purposes of this chapter , “competent and 27 chapter 299: 28 a. “Competent private instruction” means private 29 instruction provided on a daily basis for at least 30 one hundred forty-eight days during a school year, to 31 be met by attendance for at least thirty-seven days 32 each school quarter, by or under the supervision of 33 a licensed practitioner in the manner provided under 34 section 299A.2 , or other person under section 299A.3 , 35 which results in the student making adequate progress. 36 For purposes of this chapter and chapter 299 , 37 “private instruction” 38 b. “Independent private instruction” means 39 instruction that meets the following criteria: 40 (1) Is not accredited. 41 (2) Enrolls not more than four unrelated students. 42 (3) Does not charge tuition, fees, or other 43 remuneration for instruction. 44 (4) Provides private or religious-based instruction 45 as its primary purpose. 46 (5) Provides enrolled students with instruction in 47 mathematics, reading and language arts, science, and 48 social studies. 49 (6) Provides, upon written request from the 50 -3- HF215.274 (5) 85 kh/rj 3/ 5

superintendent of the school district in which the 1 independent private instruction is provided, or from 2 the director of the department of education, a report 3 identifying the primary instructor, location, name of 4 the authority responsible for the independent private 5 instruction, and the names of the students enrolled. 6 (7) Is not a nonpublic school and does not provide 7 competent private instruction as defined in this 8 subsection. 9 (8) Is exempt from all state statutes and 10 administrative rules applicable to a school, a school 11 board, or a school district, except as otherwise 12 provided in chapter 299 and this chapter. 13 c. “Private instruction” means instruction using a 14 plan and a course of study in a setting other than a 15 public or organized accredited nonpublic school. 16 Sec. ___. Section 299A.11, Code 2013, is amended to 17 read as follows: 18 299A.11 Student records confidential. 19 Notwithstanding any provision of law or rule to the 20 contrary, personal information in records regarding 21 a child receiving competent private instruction or 22 independent private instruction pursuant to this 23 chapter , which are maintained, created, collected, 24 or assembled by or for a state agency, shall be kept 25 confidential in the same manner as personal information 26 in student records maintained, created, collected, or 27 assembled by or for a school corporation or educational 28 institution in accordance with section 22.7, subsection 29 1 . 30 Sec. ___. Section 321.178, subsection 1, paragraph 31 c, Code 2013, is amended to read as follows: 32 c. Every public school district in Iowa shall offer 33 or make available to all students residing in the 34 school district , or Iowa students attending a nonpublic 35 school or receiving competent private instruction 36 or independent private instruction as defined in 37 section 299A.1, in the district , an approved course 38 in driver education. The receiving district shall 39 be the school district responsible for making driver 40 education available to a student participating in 41 open enrollment under section 282.18 . The courses may 42 be offered at sites other than at the public school, 43 including nonpublic school facilities within the public 44 school districts. An approved course offered during 45 the summer months, on Saturdays, after regular school 46 hours during the regular terms or partly in one term 47 or summer vacation period and partly in the succeeding 48 term or summer vacation period, as the case may be, 49 shall satisfy the requirements of this section to the 50 -4- HF215.274 (5) 85 kh/rj 4/ 5

same extent as an approved course offered during the 1 regular school hours of the school term. A student who 2 successfully completes and obtains certification in 3 an approved course in driver education or an approved 4 course in motorcycle education may, upon proof of such 5 fact, be excused from any field test which the student 6 would otherwise be required to take in demonstrating 7 the student’s ability to operate a motor vehicle. A 8 student shall not be excused from any field test if a 9 parent, guardian, or instructor requests that a test be 10 administered. A final field test prior to a student’s 11 completion of an approved course shall be administered 12 by a person qualified as a classroom driver education 13 instructor and certified to provide street and highway 14 driving instruction. A person qualified as a classroom 15 driver education instructor but not certified to 16 provide street and highway driving instruction may 17 administer the final field test if accompanied by 18 another person qualified to provide street and highway 19 driving instruction. > 20 2. Title page, line 5, after < schools; > by 21 inserting < providing for independent private 22 instruction for students; > 23 3. By renumbering as necessary. 24 ______________________________ DOLECHECK of Ringgold -5- HF215.274 (5) 85 kh/rj 5/ 5 #2. #3.