House File 2367 H-8052 Amend House File 2367 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 261E.8, subsection 2, Code 2018, is 4 amended to read as follows: 5 2. Students from accredited nonpublic schools and students 6 receiving competent private instruction or independent private 7 instruction under chapter 299A may access the program through 8 the school district in which the accredited nonpublic school or 9 private institution is located. 10 Sec. 2. Section 299.1, subsection 1, Code 2018, is amended 11 to read as follows: 12 1. Except as provided in section 299.2 , the parent, 13 guardian, or legal or actual custodian of a child who is of 14 compulsory attendance age shall cause the child to attend some 15 public school or an accredited nonpublic school, or place 16 the child under competent private instruction or independent 17 private instruction in accordance with the provisions of 18 chapter 299A , during a school year, as defined under section 19 279.10 . 20 Sec. 3. Section 299.1B, Code 2018, is amended to read as 21 follows: 22 299.1B Failure to attend —— driver’s license. 23 A person who is of compulsory attendance age who does 24 not meet the requirements for an exception under section 25 299.2 , who does not attend a public school or an accredited 26 nonpublic school, who is not receiving competent private 27 instruction or independent private instruction in accordance 28 with the provisions of chapter 299A , and who does not attend 29 an alternative school or adult education classes, shall not 30 receive an intermediate or full driver’s license until age 31 eighteen. 32 Sec. 4. Section 299.4, subsection 1, Code 2018, is amended 33 to read as follows: 34 1. The parent, guardian, or legal custodian of a child who 35 -1- HF2367.3478 (1) 87 kh/rj 1/ 8 #1.

is of compulsory attendance age, who places the child under 1 competent private instruction under either section 299A.2 or 2 299A.3 , not in an accredited school or a home school assistance 3 program operated by a school district or accredited nonpublic 4 school, shall furnish a report in duplicate on forms provided 5 by the public school district, to the district by September 1 6 of the school year in which the child will be under competent 7 private instruction. The secretary shall retain and file 8 one copy and forward the other copy to the district’s area 9 education agency. The report shall state the name and age of 10 the child, the period of time during which the child has been 11 or will be under competent private instruction for the year, 12 an outline of the course of study, texts used, and the name 13 and address of the instructor. The parent, guardian, or legal 14 custodian of a child, who is placing the child under competent 15 private instruction for the first time, shall also provide the 16 district with evidence that the child has had the immunizations 17 required under section 139A.8 , and, if the child is elementary 18 school age, a blood lead test in accordance with section 19 135.105D . The term “outline of course of study” shall include 20 subjects covered, lesson plans, and time spent on the areas of 21 study. 22 Sec. 5. Section 299.6A, subsection 1, Code 2018, is amended 23 to read as follows: 24 1. In lieu of a criminal proceeding under section 299.6 , 25 a county attorney may bring a civil action against a parent, 26 guardian, or legal or actual custodian of a child who is of 27 compulsory attendance age, has not completed educational 28 requirements, and is truant, if the parent, guardian, or legal 29 or actual custodian has failed to cause the child to attend a 30 public school or an accredited nonpublic school, or to place 31 the child under competent private instruction or independent 32 private instruction in the manner provided in this chapter . If 33 the court finds that the parent, guardian, or legal or actual 34 custodian has failed to cause the child to attend as required 35 -2- HF2367.3478 (1) 87 kh/rj 2/ 8

in this section , the court shall assess a civil penalty of not 1 less than one hundred but not more than one thousand dollars 2 for each violation established. 3 Sec. 6. Section 299.8, Code 2018, is amended to read as 4 follows: 5 299.8 “Truant” defined. 6 Any child of compulsory attendance age who fails to attend 7 school as provided in this chapter , or as required by the 8 school board’s or school governing body’s attendance policy, 9 or who fails to attend competent private instruction or 10 independent private instruction under chapter 299A , without 11 reasonable excuse for the absence, shall be deemed to be a 12 truant. A finding that a child is truant, however, shall not 13 by itself mean that the child is a child in need of assistance 14 within the meaning of chapter 232 and shall not be the sole 15 basis for a child in need of assistance petition. 16 Sec. 7. Section 299.11, subsection 1, Code 2018, is amended 17 to read as follows: 18 1. The truancy officer may take into custody without 19 warrant any apparently truant child and place the child 20 in the charge of the school principal, or the principal’s 21 designee, designated by the board of directors of the school 22 district in which the child resides, or in the charge of any 23 nonpublic school or any authority providing competent private 24 instruction or independent private instruction as defined in 25 section 299A.1 , designated by the parent, guardian, or legal 26 or actual custodian; but if it is other than a public school, 27 the instruction and maintenance of the child shall be without 28 expense to the school district. If a child is taken into 29 custody under this section , the truancy officer shall make 30 every reasonable attempt to immediately notify the parent, 31 guardian, or legal or actual custodian of the child’s location. 32 Sec. 8. Section 299.12, subsection 2, Code 2018, is amended 33 to read as follows: 34 2. This section is not applicable to a child who is 35 -3- HF2367.3478 (1) 87 kh/rj 3/ 8

receiving competent private instruction or independent private 1 instruction in accordance with the requirements of chapter 2 299A . If a child is not in compliance with the attendance 3 requirements established under section 299.1 , and has not 4 completed educational requirements through the sixth grade, 5 and the school has used every means available to assure the 6 child does attend, the school truancy officer shall contact 7 the child’s parent, guardian, or legal or actual custodian to 8 participate in an attendance cooperation meeting. The parties 9 to the attendance cooperation meeting may include the child 10 and shall include the child’s parent, guardian, or legal or 11 actual custodian and the school truancy officer. The school 12 truancy officer contacting the participants in the attendance 13 cooperation meeting may invite other school officials, a 14 designee of the juvenile court, the county attorney or the 15 county attorney’s designee, or other persons deemed appropriate 16 to participate in the attendance cooperation meeting. 17 Sec. 9. Section 299A.1, Code 2018, is amended to read as 18 follows: 19 299A.1 Competent private Private instruction and independent 20 private instruction . 21 1. The parent, guardian, or legal custodian of a child of 22 compulsory attendance age who places the child under private 23 instruction shall provide, unless otherwise exempted, competent 24 private instruction or independent private instruction in 25 accordance with this chapter . A parent, guardian, or legal 26 custodian of a child of compulsory attendance age who places 27 the child under private instruction which is not competent 28 private instruction or independent private instruction , 29 or otherwise fails to comply with the requirements of this 30 chapter , is subject to the provisions of sections 299.1 through 31 299.4 and the penalties provided in section 299.6 . 32 2. For purposes of this chapter and chapter 299 : 33 a. “Competent private instruction” means private instruction 34 provided on a daily basis for at least one hundred forty-eight 35 -4- HF2367.3478 (1) 87 kh/rj 4/ 8

days during a school year, to be met by attendance for at 1 least thirty-seven days each school quarter, by or under the 2 supervision of a licensed practitioner in the manner provided 3 under section 299A.2 , or a parent, guardian, or legal custodian 4 under section 299A.3, which results in the student making 5 adequate progress. 6 b. “Independent private instruction” means instruction that 7 meets the following criteria: 8 (1) Is not accredited. 9 (2) Enrolls not more than four unrelated students. 10 (3) Does not charge tuition, fees, or other remuneration for 11 instruction. 12 (4) Provides private or religious-based instruction as its 13 primary purpose. 14 (5) Provides enrolled students with instruction in 15 mathematics, reading and language arts, science, and social 16 studies. 17 (6) Provides, upon written request from the superintendent 18 of the school district in which the independent private 19 instruction is provided, or from the director of the department 20 of education, a report identifying the primary instructor, 21 location, name of the authority responsible for the independent 22 private instruction, and the names of the students enrolled. 23 (7) Is not a nonpublic school and does not provide competent 24 private instruction as defined in this subsection . 25 (8) Is exempt from all state statutes and administrative 26 rules applicable to a school, a school board, or a school 27 district, except as otherwise provided in chapter 299 and this 28 chapter . 29 c. b. “Private instruction” means instruction using a 30 plan and a course of study in a setting other than a public or 31 organized accredited nonpublic school. 32 Sec. 10. Section 299A.3, unnumbered paragraph 1, Code 2018, 33 is amended to read as follows: 34 A parent, guardian, or legal custodian of a child of 35 -5- HF2367.3478 (1) 87 kh/rj 5/ 8

compulsory attendance age providing competent private 1 instruction to the child may shall meet all of the following 2 requirements: 3 Sec. 11. Section 299A.11, Code 2018, is amended to read as 4 follows: 5 299A.11 Student records confidential. 6 Notwithstanding any provision of law or rule to the 7 contrary, personal information in records regarding a child 8 receiving competent private instruction or independent private 9 instruction pursuant to this chapter , which are maintained, 10 created, collected, or assembled by or for a state agency, 11 shall be kept confidential in the same manner as personal 12 information in student records maintained, created, collected, 13 or assembled by or for a school corporation or educational 14 institution in accordance with section 22.7, subsection 1 . 15 Sec. 12. Section 321.178, subsection 1, paragraph c, Code 16 2018, is amended to read as follows: 17 c. Every public school district in Iowa shall offer 18 or make available to all students residing in the school 19 district, or Iowa students attending a nonpublic school or 20 receiving competent private instruction or independent private 21 instruction as defined in section 299A.1 , in the district, an 22 approved course in driver education. The receiving district 23 shall be the school district responsible for making driver 24 education available to a student participating in open 25 enrollment under section 282.18 . The courses may be offered 26 at sites other than at the public school, including nonpublic 27 school facilities within the public school districts. An 28 approved course offered during the summer months, on Saturdays, 29 after regular school hours during the regular terms or partly 30 in one term or summer vacation period and partly in the 31 succeeding term or summer vacation period, as the case may 32 be, shall satisfy the requirements of this section to the 33 same extent as an approved course offered during the regular 34 school hours of the school term. A student who successfully 35 -6- HF2367.3478 (1) 87 kh/rj 6/ 8

completes and obtains certification in an approved course in 1 driver education or an approved course in motorcycle education 2 may, upon proof of such fact, be excused from any field test 3 which the student would otherwise be required to take in 4 demonstrating the student’s ability to operate a motor vehicle. 5 A student shall not be excused from any field test if a parent, 6 guardian, or instructor requests that a test be administered. 7 A final field test prior to a student’s completion of an 8 approved course shall be administered by a person qualified 9 as a classroom driver education instructor and certified to 10 provide street and highway driving instruction. A person 11 qualified as a classroom driver education instructor but not 12 certified to provide street and highway driving instruction 13 may administer the final field test if accompanied by another 14 person qualified to provide street and highway driving 15 instruction. 16 Sec. 13. Section 321.180B, subsection 2, paragraph a, Code 17 2018, is amended to read as follows: 18 a. The department may issue an intermediate driver’s 19 license to a person sixteen or seventeen years of age who 20 possesses an instruction permit issued under subsection 1 or 21 a comparable instruction permit issued by another state for a 22 minimum of twelve months immediately preceding application, 23 and who presents an affidavit signed by a parent, guardian, or 24 custodian on a form to be provided by the department that the 25 permittee has accumulated a total of twenty hours of street 26 or highway driving of which two hours were conducted after 27 sunset and before sunrise and the street or highway driving was 28 with the permittee’s parent, guardian, custodian, instructor, 29 a person certified by the department, or a person at least 30 twenty-five years of age who had written permission from a 31 parent, guardian, or custodian to accompany the permittee, and 32 whose driving privileges have not been suspended, revoked, 33 or barred under this chapter or chapter 321J during, and who 34 has been accident and violation free continuously for, the 35 -7- HF2367.3478 (1) 87 kh/rj 7/ 8

six-month period immediately preceding the application for an 1 intermediate license. An applicant for an intermediate license 2 must meet the requirements of section 321.186 , including 3 satisfactory completion of driver education as required in 4 section 321.178 or 321.178A , and payment of the required 5 license fee before an intermediate license will be issued. A 6 person issued an intermediate license must limit the number of 7 passengers in the motor vehicle when the intermediate licensee 8 is operating the motor vehicle to the number of passenger 9 safety belts. In addition, unless waived by the person’s 10 parent or guardian at the time the intermediate license is 11 issued, for the first six months following issuance of the 12 license, a person issued an intermediate license must limit the 13 number of unrelated minor passengers in the motor vehicle when 14 the intermediate licensee is operating the motor vehicle to 15 one, except when the intermediate licensee is accompanied in 16 accordance with subsection 1 . For purposes of this subsection , 17 “unrelated minor passenger” means a passenger who is under 18 eighteen years of age and who is not a sibling of the driver, a 19 stepsibling of the driver, or a child who resides in the same 20 household as the driver. The department shall prescribe the 21 form for waiver of the six-month restriction on unrelated minor 22 passengers, which may be in an electronic format, and shall 23 designate characteristics for the intermediate license that 24 shall distinguish between an intermediate license that includes 25 the six-month restriction on unrelated minor passengers and 26 an intermediate license that does not include the six-month 27 restriction on unrelated minor passengers. 28 Sec. 14. REPEAL. Section 321.178A, Code 2018, is repealed. > 29 2. Title page, by striking lines 1 through 4 and inserting 30 < An Act relating to private instruction. > 31 ______________________________ MASCHER of Johnson -8- HF2367.3478 (1) 87 kh/rj 8/ 8 #2.