House File 2547 H-8191 Amend House File 2547 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 COMPULSORY EDUCATION 5 Section 1. Section 299.1, Code 2024, is amended to read as 6 follows: 7 299.1 Attendance requirements —— attendance policies . 8 1. Except as provided in section 299.2 , the parent, 9 guardian, or legal or actual custodian of a child who is of 10 compulsory attendance age shall cause the child to attend some 11 public school or an accredited nonpublic school, or place 12 the child under competent private instruction or independent 13 private instruction in accordance with the provisions of 14 chapter 299A , during a school year, as defined under section 15 279.10 . 16 2. a. The board of directors of a public school district 17 or the governing body of an accredited nonpublic school shall 18 set the number of days or hours of required attendance for the 19 schools under its control. 20 b. The board of directors of a public school district or 21 the governing body of an accredited nonpublic school may, by 22 resolution, require attendance for the entire time when the 23 schools are in session in any school year and . 24 3. The board of directors of a public school district or the 25 governing board of an accredited nonpublic school shall adopt a 26 policy or rules relating to the reasons considered to be valid 27 or acceptable excuses for absence from school. 28 4. a. The board of directors of a public school district 29 or the governing body of an accredited nonpublic school 30 shall adopt a policy or rules relating to children who 31 are chronically absent. The policy or rules must contain 32 provisions that clearly explain all of the following: 33 (1) How the board of directors or the governing body 34 determines whether a child is chronically absent. 35 -1- HF 2547.3611 (4) 90 jda/jh 1/ 12 #1.

(2) The different interventions that the board of directors 1 or the governing body may use when a child is chronically 2 absent. 3 (3) The different penalties associated with a child being 4 chronically absent. 5 b. The policy or rules adopted by the board of directors of 6 a public school district or the governing body of an accredited 7 nonpublic school pursuant to paragraph “a” must not apply to any 8 child: 9 (1) Who has completed the requirements for graduation in a 10 public school district or an accredited school or has obtained 11 a high school equivalency diploma under chapter 259A. 12 (2) Who is excused for sufficient reason by any court of 13 record or judge. 14 (3) While attending religious services or receiving 15 religious instructions. 16 (4) Who is unable to attend school due to legitimate medical 17 reasons. 18 Sec. 2. Section 299.6, subsection 1, unnumbered paragraph 19 1, Code 2024, is amended to read as follows: 20 Any person who violates a mediation agreement under section 21 299.5A the terms of an absenteeism prevention plan or an 22 attendance cooperation agreement entered into under section 23 299.12 , who is referred for prosecution under section 299.5A 24 299.12 and is convicted of a violation of any of the provisions 25 of sections 299.1 through 299.5 , who violates any of the 26 provisions of sections 299.1 through 299.5 , or who refuses 27 to participate in mediation under section 299.5A a school 28 engagement meeting or an attendance cooperation proceeding 29 under section 299.12 , commits a public offense. 30 Sec. 3. Section 299.8, Code 2024, is amended to read as 31 follows: 32 299.8 “Truant” defined. 33 Any child of compulsory attendance age , to whom the 34 exceptions described in section 299.2 do not apply, who fails 35 -2- HF 2547.3611 (4) 90 jda/jh 2/ 12

to attend school as provided in this chapter , or as required 1 by the school board’s or school governing body’s attendance 2 policy, or who fails to attend competent private instruction 3 or independent private instruction under chapter 299A , without 4 reasonable excuse for the absence, shall be deemed to be a 5 truant has been absent from school, for any reason, for at 6 least eighteen percent of the days in the school calendar . A 7 finding that a child is truant, however, shall not by itself 8 mean that the child is a child in need of assistance within the 9 meaning of chapter 232 and shall not be the sole basis for a 10 child in need of assistance petition. 11 Sec. 4. Section 299.11, subsection 2, Code 2024, is amended 12 to read as follows: 13 2. The truancy officer shall promptly institute proceedings 14 against any person violating any of the provisions of sections 15 299.1 through 299.5A 299.5 . 16 Sec. 5. Section 299.12, Code 2024, is amended by striking 17 the section and inserting in lieu thereof the following: 18 299.12 Failure to attend —— school engagement meeting —— 19 attendance cooperation proceeding: 20 1. As used in this section: 21 a. “Chronically absent” means any absence from school 22 for more than ten percent of the days in the school calendar 23 established pursuant to section 279.10 by a public school or 24 an accredited nonpublic school. 25 b. “School official” means an employee of a public school 26 or an accredited nonpublic school whose job duties involve 27 identifying children who are at risk for becoming chronically 28 absent, creating interventions to limit the rate of student 29 absenteeism, and participating in the legal process related to 30 student absenteeism. 31 2. a. When a child becomes chronically absent, a school 32 official shall send a notice by certified mail to the child’s 33 parent, guardian, or legal or actual custodian of the child, 34 if the child is not an emancipated minor, or to the child, if 35 -3- HF 2547.3611 (4) 90 jda/jh 3/ 12

the child is an emancipated minor, that includes information 1 related to the child’s absences from school and the policies 2 and disciplinary processes associated with additional absences. 3 b. A school official may send the notice described in 4 paragraph “a” prior to a child at risk of becoming chronically 5 absent if all of the following requirements are satisfied: 6 (1) The county attorney of the county in which the 7 public school’s or accredited nonpublic school’s central 8 administrative office is located and the board of directors 9 of the public school district or the governing body of the 10 accredited nonpublic school, as applicable, agree to the amount 11 of absences that will lead to the school official sending the 12 notice. 13 (2) The amount of absences that will lead to the school 14 official sending the notice is described in the school’s 15 student handbook. 16 3. a. (1) If a child is absent from school for greater 17 than or equal to fifteen percent, but less than eighteen 18 percent, of the days in the school calendar, a school official 19 shall attempt to find the cause for the child’s absences and 20 shall initiate and participate in a school engagement meeting. 21 The purpose of the school engagement meeting is to identify the 22 child’s barriers to attendance and the interventions that may 23 be used to improve the child’s attendance. 24 (2) A school official may initiate and participate in a 25 school engagement meeting as provided in subparagraph (1) prior 26 to a child being absent from school for greater than or equal 27 to fifteen percent of the days in a school calendar if all of 28 the following requirements are satisfied: 29 (a) The county attorney of the county in which the 30 public school’s or accredited nonpublic school’s central 31 administrative office is located and the board of directors 32 of the public school district or the governing body of the 33 accredited nonpublic school, as applicable, agree to the amount 34 of absences that will lead to the school official initiating 35 -4- HF 2547.3611 (4) 90 jda/jh 4/ 12

and participating in the school engagement meeting. 1 (b) The amount of absences that will lead to the school 2 official initiating and participating in the school engagement 3 meeting is described in the school’s student handbook. 4 b. All of the following individuals shall participate in the 5 school engagement meeting: 6 (1) The child. 7 (2) The child’s parent, guardian, or legal or actual 8 custodian, if the child is not an emancipated minor. 9 (3) A school official. 10 (4) The county attorney of the county in which the 11 public school’s or accredited nonpublic school’s central 12 administrative office is located, or the county attorney’s 13 designee. 14 c. (1) During the school engagement meeting, the 15 participants shall create and sign an agreement that shall be 16 known as an absenteeism prevention plan. Each participant 17 signing the absenteeism prevention plan shall receive a copy of 18 the plan. The absenteeism prevention plan shall identify the 19 causes of the child’s absences and the future responsibilities 20 of each participant related to the child’s attendance. 21 (2) A school official shall monitor the participants’ 22 compliance with the terms of the absenteeism prevention plan. 23 The school official shall contact the participants at least 24 once each week during the remainder of the school calendar to 25 monitor the performance of the participants under the plan. 26 d. During the school engagement meeting, a school official 27 may initiate referrals to any services or counseling that the 28 participants believe may be appropriate under the circumstances 29 to improve the child’s attendance. 30 e. If the participants in the school engagement meeting fail 31 to enter into an absenteeism prevention plan, or if the child 32 or the child’s parent, guardian, or legal or actual custodian 33 violates a term of the absenteeism prevention plan or fails 34 to participate in the school engagement meeting, the county 35 -5- HF 2547.3611 (4) 90 jda/jh 5/ 12

attorney shall initiate an attendance cooperation proceeding 1 under subsection 4 and shall serve a notice of such initiation 2 on the child’s parent, guardian, or legal or actual custodian, 3 if the child is not an emancipated minor, or on the child, if 4 the child is an emancipated minor, in the manner provided by 5 the rules of civil procedure for service of an original notice. 6 f. This subsection is not applicable to a child who is 7 receiving competent private instruction or independent private 8 instruction in accordance with the requirements of chapter 9 299A. 10 4. a. (1) When a child becomes truant, a school official 11 shall send a notice to the county attorney of the county in 12 which the public school’s or accredited nonpublic school’s 13 central administrative office is located. Within a reasonable 14 time after receipt of the notice, the county attorney shall 15 initiate and participate in an attendance cooperation 16 proceeding under this subsection. 17 (2) A school official may send a notice to the county 18 attorney, and a county attorney may initiate and participate 19 in an attendance cooperation proceeding under subparagraph 20 (1) prior to a child becoming truant, if all of the following 21 requirements are satisfied: 22 (a) The county attorney and the board of directors of the 23 public school district or the governing body of the accredited 24 nonpublic school agree to the amount of absences that will 25 lead to the school official sending the notice and the county 26 attorney initiating and participating in the attendance 27 cooperation proceeding. 28 (b) The amount of absences that will lead to the school 29 official sending the notice and the county attorney initiating 30 and participating in the attendance cooperation proceeding is 31 described in the school’s student handbook. 32 b. The county attorney of the county in which the 33 public school’s or accredited nonpublic school’s central 34 administrative office is located shall designate any of 35 -6- HF 2547.3611 (4) 90 jda/jh 6/ 12

the following individuals to serve as a mediator during the 1 attendance cooperation proceeding: 2 (1) A judge of this state or the United States. 3 (2) A neutral, third-party attorney who is licensed to 4 practice law in this state. 5 (3) A mediator doing business in this state. 6 c. All of the following individuals shall participate in the 7 attendance cooperation proceeding before the mediator selected 8 under paragraph “b” : 9 (1) The child. 10 (2) The child’s parent, guardian, or legal or actual 11 custodian, if the child is not an emancipated minor. 12 (3) A school official. 13 (4) The county attorney of the county in which the 14 public school’s or accredited nonpublic school’s central 15 administrative office is located, or the county attorney’s 16 designee. 17 d. During the attendance cooperation proceeding, the 18 participants shall attempt to find the cause for the child’s 19 absences, identify the child’s barriers to attendance, and 20 identify the interventions that may be used to improve the 21 child’s attendance. 22 e. (1) During the attendance cooperation proceeding, the 23 participants shall create and sign an attendance cooperation 24 agreement. The mediator shall receive a copy of the 25 attendance cooperation agreement, and each participant signing 26 the agreement shall also receive a copy. The attendance 27 cooperation agreement shall identify the causes of the child’s 28 absences and the future responsibilities of each participant 29 related to the child’s attendance. The mediator may require 30 any clause or provision to be included in the attendance 31 cooperation agreement if the mediator reasonably believes such 32 clause or provision will improve the child’s attendance. 33 (2) A school official shall monitor the participants’ 34 compliance with the terms of the attendance cooperation 35 -7- HF 2547.3611 (4) 90 jda/jh 7/ 12

agreement. The attendance cooperation agreement shall require 1 a school official to periodically contact the participants 2 to monitor the performance of the participants under the 3 agreement. 4 f. During the attendance cooperation proceeding, a school 5 official may initiate referrals to any services or counseling 6 that the participants believe may be appropriate under the 7 circumstances to improve the child’s attendance. 8 g. If the participants in the attendance cooperation 9 proceeding fail to enter into an attendance cooperation 10 agreement, or if the child or the child’s parent, guardian, or 11 legal or actual custodian violates a term of the agreement or 12 fails to participate in the proceeding, the school official may 13 refer the child to juvenile court or may refer the matter to 14 the county attorney for prosecution within the county where the 15 school’s central administrative office is located. 16 h. The public school or accredited nonpublic school and the 17 child’s parent, guardian, or legal or actual custodian, if the 18 child is not an emancipated minor child, or the child, if the 19 child is an emancipated minor, shall equally share the costs of 20 the attendance cooperation proceeding. 21 i. This subsection is not applicable to a child who is 22 receiving competent private instruction or independent private 23 instruction in accordance with the requirements of chapter 24 299A. 25 Sec. 6. Section 299.13, Code 2024, is amended to read as 26 follows: 27 299.13 Civil enforcement. 28 A person shall not disseminate or redisseminate information 29 shared with the person pursuant to section 299.5A or 299.12 , 30 unless specifically authorized to do so by section 217.30 , 31 299.5A, or 299.12 . Unless a prohibited dissemination or 32 redissemination of information is subject to injunction 33 or sanction under other state or federal law, an action 34 for judicial enforcement may be brought in accordance with 35 -8- HF 2547.3611 (4) 90 jda/jh 8/ 12

this section . An aggrieved person, the attorney general, 1 or a county attorney may seek judicial enforcement of the 2 requirements of this section in an action brought against the 3 public school or accredited nonpublic school or any other 4 person who has been granted access to information pursuant to 5 section 299.5A or 299.12 . Suits to enforce this section shall 6 be brought in the district court for the county in which the 7 information was disseminated or redisseminated. Upon a finding 8 by a preponderance of the evidence that a person has violated 9 this section , the court shall issue an injunction punishable 10 by civil contempt ordering the person in violation of this 11 section to comply with the requirements of, and to refrain from 12 any violations of section 299.5A or 299.12 with respect to the 13 dissemination or redissemination of information shared with the 14 person pursuant to section 299.5A or 299.12 . 15 Sec. 7. REPEAL. Section 299.5A, Code 2024, is repealed. 16 Sec. 8. SCHOOL DISTRICTS —— POLICIES RELATED TO PORTABLE 17 ELECTRONIC DEVICES. 18 1. a. On or before December 31, 2024, each school district, 19 in consultation with the county attorney of the county in which 20 the school district’s central administrative office is located, 21 shall develop a policy that restricts student use of cellular 22 telephones and smartphones during classroom instructional time. 23 b. The policy shall describe with specificity the 24 expectations related to student use of cellular telephones and 25 smartphones during the school day and disciplinary actions the 26 school district will take if a student violates the policy. 27 c. The policy shall apply to all attendance centers within 28 the school district; provided, however, that the policy may 29 establish different expectations and disciplinary actions for 30 different grade levels. 31 d. The policy shall describe the circumstances in which an 32 employee of the school district may temporarily waive or make 33 exceptions to the policy for a student in cases that require 34 that reasonable exceptions be made. 35 -9- HF 2547.3611 (4) 90 jda/jh 9/ 12

2. The school district shall make the policy available to 1 the public, including by publishing the policy on the school 2 district’s internet site. 3 Sec. 9. COUNTY ATTORNEYS —— SCHOOL HANDBOOK AND SCHOOL 4 POLICY REVISIONS. On or before December 31, 2024, each school 5 district shall, in consultation with the county attorney of the 6 county in which the school district’s central administrative 7 office is located, revise all school district handbooks and 8 policies applicable to students enrolled in prekindergarten 9 through grade eight to incorporate changes this Act has made 10 related to student absenteeism and truancy, and prekindergarten 11 through grade twelve for policies related to portable 12 electronic devices. 13 Sec. 10. STATE MANDATE FUNDING SPECIFIED. In accordance 14 with section 25B.2, subsection 3, the state cost of requiring 15 compliance with any state mandate included in this division 16 of this Act shall be paid by a school district from state 17 school foundation aid received by the school district under 18 section 257.16. This specification of the payment of the state 19 cost shall be deemed to meet all of the state funding-related 20 requirements of section 25B.2, subsection 3, and no additional 21 state funding shall be necessary for the full implementation of 22 this division of this Act by and enforcement of this division 23 of this Act against all affected school districts. 24 DIVISION II 25 TRUANT STUDENTS —— OPEN ENROLLMENT 26 Sec. 11. Section 282.18, subsection 2, paragraph b, Code 27 2024, is amended to read as follows: 28 b. The board of the receiving district shall enroll 29 the pupil in a school in the receiving district unless the 30 receiving district has insufficient classroom space for the 31 pupil or unless the receiving district has prohibited the 32 pupil from enrolling pursuant to subsection 11A . The board of 33 directors of a receiving district may adopt a policy granting 34 the superintendent of the school district authority to approve 35 -10- HF 2547.3611 (4) 90 jda/jh 10/ 12

open enrollment applications. If the request is granted, 1 the board shall transmit a copy of the form to the parent 2 or guardian and the school district of residence within five 3 days after board action. The parent or guardian may withdraw 4 the request at any time prior to the board’s action on the 5 application. A denial of a request by the board of a receiving 6 district is not subject to appeal. 7 Sec. 12. Section 282.18, Code 2024, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 11A. a. If a pupil participating in open 10 enrollment is truant as defined in section 299.8, the receiving 11 district may prohibit the pupil from remaining enrolled in the 12 receiving district and from enrolling in the receiving district 13 in the future. A receiving district shall send notification of 14 the receiving district’s decision to prohibit the pupil from 15 remaining enrolled in the receiving district pursuant to this 16 paragraph to the pupil’s parent or guardian and to the pupil’s 17 sending district. 18 b. The sending district shall enroll the pupil who is 19 prohibited from remaining enrolled in the receiving district 20 pursuant to paragraph “a” . 21 c. This subsection shall not be construed to prohibit the 22 pupil’s parent or guardian from filing a request to transfer 23 pursuant to subsection 2, paragraph “a” , subsequent to the 24 receiving district’s decision to prohibit the pupil from 25 remaining enrolled in the receiving district. > 26 2. Title page, by striking lines 1 and 2 and inserting 27 < An Act relating to education, including by requiring school 28 engagement meetings and attendance cooperation proceedings when 29 children are absent from school, requiring school districts 30 to restrict student use of cellular phones and smartphones, 31 modifying provisions related to open enrollment of truant 32 students, and modifying penalties. > 33 -11- HF 2547.3611 (4) 90 jda/jh 11/ 12