Senate File 2131 S-5091 Amend the House amendment, S-5068, to Senate File 2131, as 1 amended, passed, and reprinted by the Senate, as follows: 2 1. Page 1, by striking lines 3 through 26 and inserting: 3 < 1. By striking everything after the enacting clause and 4 inserting: 5 < Section 1. Section 261E.8, subsection 2, Code 2018, is 6 amended to read as follows: 7 2. Students from accredited nonpublic schools and students 8 receiving competent private instruction or independent private 9 instruction under chapter 299A may access the program through 10 the school district in which the accredited nonpublic school or 11 private institution is located. 12 Sec. 2. Section 299.1, subsection 1, Code 2018, is amended 13 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 who is of 16 compulsory attendance age shall cause the child to attend some 17 public school or an accredited nonpublic school, or place 18 the child under competent private instruction or independent 19 private instruction in accordance with the provisions of 20 chapter 299A , during a school year, as defined under section 21 279.10 . 22 Sec. 3. Section 299.1B, Code 2018, is amended to read as 23 follows: 24 299.1B Failure to attend —— driver’s license. 25 A person who is of compulsory attendance age who does 26 not meet the requirements for an exception under section 27 299.2 , who does not attend a public school or an accredited 28 nonpublic school, who is not receiving competent private 29 instruction or independent private instruction in accordance 30 with the provisions of chapter 299A , and who does not attend 31 an alternative school or adult education classes, shall not 32 receive an intermediate or full driver’s license until age 33 eighteen. 34 Sec. 4. Section 299.4, subsection 1, Code 2018, is amended 35 -1- S5068.4307 (2) 87 kh/rj 1/ 9 #1.

to read as follows: 1 1. The parent, guardian, or legal custodian of a child who 2 is of compulsory attendance age, who places the child under 3 competent private instruction under either section 299A.2 or 4 299A.3 , not in an accredited school or a home school assistance 5 program operated by a school district or accredited nonpublic 6 school, shall furnish a report in duplicate on forms provided 7 by the public school district, to the district by September 1 8 of the school year in which the child will be under competent 9 private instruction. The secretary shall retain and file 10 one copy and forward the other copy to the district’s area 11 education agency. The report shall state the name and age of 12 the child, the period of time during which the child has been 13 or will be under competent private instruction for the year, 14 an outline of the course of study, texts used, and the name 15 and address of the instructor. The parent, guardian, or legal 16 custodian of a child, who is placing the child under competent 17 private instruction for the first time, shall also provide the 18 district with evidence that the child has had the immunizations 19 required under section 139A.8 , and, if the child is elementary 20 school age, a blood lead test in accordance with section 21 135.105D . The term “outline of course of study” shall include 22 subjects covered, lesson plans, and time spent on the areas of 23 study. 24 Sec. 5. Section 299.6A, subsection 1, Code 2018, is amended 25 to read as follows: 26 1. In lieu of a criminal proceeding under section 299.6 , 27 a county attorney may bring a civil action against a parent, 28 guardian, or legal or actual custodian of a child who is of 29 compulsory attendance age, has not completed educational 30 requirements, and is truant, if the parent, guardian, or legal 31 or actual custodian has failed to cause the child to attend a 32 public school or an accredited nonpublic school, or to place 33 the child under competent private instruction or independent 34 private instruction in the manner provided in this chapter . If 35 -2- S5068.4307 (2) 87 kh/rj 2/ 9

the court finds that the parent, guardian, or legal or actual 1 custodian has failed to cause the child to attend as required 2 in this section , the court shall assess a civil penalty of not 3 less than one hundred but not more than one thousand dollars 4 for each violation established. 5 Sec. 6. Section 299.8, Code 2018, is amended to read as 6 follows: 7 299.8 “Truant” defined. 8 Any child of compulsory attendance age who fails to attend 9 school as provided in this chapter , or as required by the 10 school board’s or school governing body’s attendance policy, 11 or who fails to attend competent private instruction or 12 independent private instruction under chapter 299A , without 13 reasonable excuse for the absence, shall be deemed to be a 14 truant. A finding that a child is truant, however, shall not 15 by itself mean that the child is a child in need of assistance 16 within the meaning of chapter 232 and shall not be the sole 17 basis for a child in need of assistance petition. 18 Sec. 7. Section 299.11, subsection 1, Code 2018, is amended 19 to read as follows: 20 1. The truancy officer may take into custody without 21 warrant any apparently truant child and place the child 22 in the charge of the school principal, or the principal’s 23 designee, designated by the board of directors of the school 24 district in which the child resides, or in the charge of any 25 nonpublic school or any authority providing competent private 26 instruction or independent private instruction as defined in 27 section 299A.1 , designated by the parent, guardian, or legal 28 or actual custodian; but if it is other than a public school, 29 the instruction and maintenance of the child shall be without 30 expense to the school district. If a child is taken into 31 custody under this section , the truancy officer shall make 32 every reasonable attempt to immediately notify the parent, 33 guardian, or legal or actual custodian of the child’s location. 34 Sec. 8. Section 299.12, subsection 2, Code 2018, is amended 35 -3- S5068.4307 (2) 87 kh/rj 3/ 9

to read as follows: 1 2. This section is not applicable to a child who is 2 receiving competent private instruction or independent private 3 instruction in accordance with the requirements of chapter 4 299A . If a child is not in compliance with the attendance 5 requirements established under section 299.1 , and has not 6 completed educational requirements through the sixth grade, 7 and the school has used every means available to assure the 8 child does attend, the school truancy officer shall contact 9 the child’s parent, guardian, or legal or actual custodian to 10 participate in an attendance cooperation meeting. The parties 11 to the attendance cooperation meeting may include the child 12 and shall include the child’s parent, guardian, or legal or 13 actual custodian and the school truancy officer. The school 14 truancy officer contacting the participants in the attendance 15 cooperation meeting may invite other school officials, a 16 designee of the juvenile court, the county attorney or the 17 county attorney’s designee, or other persons deemed appropriate 18 to participate in the attendance cooperation meeting. 19 Sec. 9. Section 299A.1, Code 2018, is amended to read as 20 follows: 21 299A.1 Competent private Private instruction and independent 22 private instruction . 23 1. The parent, guardian, or legal custodian of a child of 24 compulsory attendance age who places the child under private 25 instruction shall provide, unless otherwise exempted, competent 26 private instruction or independent private instruction in 27 accordance with this chapter . A parent, guardian, or legal 28 custodian of a child of compulsory attendance age who places 29 the child under private instruction which is not competent 30 private instruction or independent private instruction , 31 or otherwise fails to comply with the requirements of this 32 chapter , is subject to the provisions of sections 299.1 through 33 299.4 and the penalties provided in section 299.6 . 34 2. For purposes of this chapter and chapter 299 : 35 -4- S5068.4307 (2) 87 kh/rj 4/ 9

a. “Competent private instruction” means private instruction 1 provided on a daily basis for at least one hundred forty-eight 2 days during a school year, to be met by attendance for at 3 least thirty-seven days each school quarter, by or under the 4 supervision of a licensed practitioner in the manner provided 5 under section 299A.2 , or a parent, guardian, or legal custodian 6 under section 299A.3, which results in the student making 7 adequate progress. 8 b. “Independent private instruction” means instruction that 9 meets the following criteria: 10 (1) Is not accredited. 11 (2) Enrolls not more than four unrelated students. 12 (3) Does not charge tuition, fees, or other remuneration for 13 instruction. 14 (4) Provides private or religious-based instruction as its 15 primary purpose. 16 (5) Provides enrolled students with instruction in 17 mathematics, reading and language arts, science, and social 18 studies. 19 (6) Provides, upon written request from the superintendent 20 of the school district in which the independent private 21 instruction is provided, or from the director of the department 22 of education, a report identifying the primary instructor, 23 location, name of the authority responsible for the independent 24 private instruction, and the names of the students enrolled. 25 (7) Is not a nonpublic school and does not provide competent 26 private instruction as defined in this subsection . 27 (8) Is exempt from all state statutes and administrative 28 rules applicable to a school, a school board, or a school 29 district, except as otherwise provided in chapter 299 and this 30 chapter . 31 c. b. “Private instruction” means instruction using a 32 plan and a course of study in a setting other than a public or 33 organized accredited nonpublic school. 34 Sec. 10. Section 299A.3, unnumbered paragraph 1, Code 2018, 35 -5- S5068.4307 (2) 87 kh/rj 5/ 9

is amended to read as follows: 1 A parent, guardian, or legal custodian of a child of 2 compulsory attendance age providing competent private 3 instruction to the child may shall meet all of the following 4 requirements: 5 Sec. 11. Section 299A.11, Code 2018, is amended to read as 6 follows: 7 299A.11 Student records confidential. 8 Notwithstanding any provision of law or rule to the 9 contrary, personal information in records regarding a child 10 receiving competent private instruction or independent private 11 instruction pursuant to this chapter , which are maintained, 12 created, collected, or assembled by or for a state agency, 13 shall be kept confidential in the same manner as personal 14 information in student records maintained, created, collected, 15 or assembled by or for a school corporation or educational 16 institution in accordance with section 22.7, subsection 1 . 17 Sec. 12. Section 321.178, subsection 1, paragraph c, Code 18 2018, is amended to read as follows: 19 c. Every public school district in Iowa shall offer 20 or make available to all students residing in the school 21 district, or Iowa students attending a nonpublic school or 22 receiving competent private instruction or independent private 23 instruction as defined in section 299A.1 , in the district, an 24 approved course in driver education. The receiving district 25 shall be the school district responsible for making driver 26 education available to a student participating in open 27 enrollment under section 282.18 . The courses may be offered 28 at sites other than at the public school, including nonpublic 29 school facilities within the public school districts. An 30 approved course offered during the summer months, on Saturdays, 31 after regular school hours during the regular terms or partly 32 in one term or summer vacation period and partly in the 33 succeeding term or summer vacation period, as the case may 34 be, shall satisfy the requirements of this section to the 35 -6- S5068.4307 (2) 87 kh/rj 6/ 9

same extent as an approved course offered during the regular 1 school hours of the school term. A student who successfully 2 completes and obtains certification in an approved course in 3 driver education or an approved course in motorcycle education 4 may, upon proof of such fact, be excused from any field test 5 which the student would otherwise be required to take in 6 demonstrating the student’s ability to operate a motor vehicle. 7 A student shall not be excused from any field test if a parent, 8 guardian, or instructor requests that a test be administered. 9 A final field test prior to a student’s completion of an 10 approved course shall be administered by a person qualified 11 as a classroom driver education instructor and certified to 12 provide street and highway driving instruction. A person 13 qualified as a classroom driver education instructor but not 14 certified to provide street and highway driving instruction 15 may administer the final field test if accompanied by another 16 person qualified to provide street and highway driving 17 instruction. 18 Sec. 13. Section 321.180B, subsection 2, paragraph a, Code 19 2018, is amended to read as follows: 20 a. The department may issue an intermediate driver’s 21 license to a person sixteen or seventeen years of age who 22 possesses an instruction permit issued under subsection 1 or 23 a comparable instruction permit issued by another state for a 24 minimum of twelve months immediately preceding application, 25 and who presents an affidavit signed by a parent, guardian, or 26 custodian on a form to be provided by the department that the 27 permittee has accumulated a total of twenty hours of street 28 or highway driving of which two hours were conducted after 29 sunset and before sunrise and the street or highway driving was 30 with the permittee’s parent, guardian, custodian, instructor, 31 a person certified by the department, or a person at least 32 twenty-five years of age who had written permission from a 33 parent, guardian, or custodian to accompany the permittee, and 34 whose driving privileges have not been suspended, revoked, 35 -7- S5068.4307 (2) 87 kh/rj 7/ 9

or barred under this chapter or chapter 321J during, and who 1 has been accident and violation free continuously for, the 2 six-month period immediately preceding the application for an 3 intermediate license. An applicant for an intermediate license 4 must meet the requirements of section 321.186 , including 5 satisfactory completion of driver education as required in 6 section 321.178 or 321.178A , and payment of the required 7 license fee before an intermediate license will be issued. A 8 person issued an intermediate license must limit the number of 9 passengers in the motor vehicle when the intermediate licensee 10 is operating the motor vehicle to the number of passenger 11 safety belts. In addition, unless waived by the person’s 12 parent or guardian at the time the intermediate license is 13 issued, for the first six months following issuance of the 14 license, a person issued an intermediate license must limit the 15 number of unrelated minor passengers in the motor vehicle when 16 the intermediate licensee is operating the motor vehicle to 17 one, except when the intermediate licensee is accompanied in 18 accordance with subsection 1 . For purposes of this subsection , 19 “unrelated minor passenger” means a passenger who is under 20 eighteen years of age and who is not a sibling of the driver, a 21 stepsibling of the driver, or a child who resides in the same 22 household as the driver. The department shall prescribe the 23 form for waiver of the six-month restriction on unrelated minor 24 passengers, which may be in an electronic format, and shall 25 designate characteristics for the intermediate license that 26 shall distinguish between an intermediate license that includes 27 the six-month restriction on unrelated minor passengers and 28 an intermediate license that does not include the six-month 29 restriction on unrelated minor passengers. 30 Sec. 14. REPEAL. Section 321.178A, Code 2018, is repealed. > 31 2. Title page, by striking lines 1 through 4 and inserting 32 < An Act relating to private instruction. >> 33 -8- S5068.4307 (2) 87 kh/rj 8/ 9