House File 2144 



                                  HOUSE FILE       
                                  BY  DANDEKAR, HEDDENS, MURPHY,
                                      BERRY, KELLEY, WENDT, SMITH,
                                      MERTZ, KRESSIG, D. OLSON,
                                      T. OLSON, ABDUL-SAMAD, SHOMSHOR,
                                      ZIRKELBACH, GASKILL, FORD,
                                      and T. TAYLOR


    Passed House,  Date              Passed Senate, Date              
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the compulsory school attendance age and
  2    providing effective dates.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5102HH 82
  5 kh/nh/14

PAG LIN



  1  1    Section 1.  Section 299.1A, Code 2007, is amended to read
  1  2 as follows:
  1  3    299.1A  COMPULSORY ATTENDANCE AGE.
  1  4    1.  a.  A Except as provided in paragraph "b" and section
  1  5 299.2, a child who has reached the age of six and is under
  1  6 sixteen eighteen years of age by September 15 is of compulsory
  1  7 attendance age.  However, if a child enrolled in a school
  1  8 district or accredited nonpublic school reaches the age of
  1  9 sixteen on or after September 15, the child remains of
  1 10 compulsory age until the end of the regular school calendar.
  1 11    b.  A child who is receiving competent private instruction
  1 12 in accordance with the provisions of chapter 299A and who has
  1 13 reached the age of six and is under sixteen years of age by
  1 14 September 15 is of compulsory attendance age.
  1 15    2.  a.  An individual who reaches the age of eighteen on or
  1 16 after September 15 during the school year is not subject to
  1 17 compulsory school attendance on or after the date upon which
  1 18 the individual attains the age of eighteen if the individual
  1 19 files with the board of directors of the school district or
  1 20 the accredited nonpublic school of enrollment a formal
  1 21 declaration of intent to terminate school enrollment and, to
  1 22 the degree possible, participates in an exit interview
  1 23 pursuant to paragraph "b" and completes a survey in accordance
  1 24 with paragraph "c".  The school district or accredited
  1 25 nonpublic school shall make every effort to notify the
  1 26 individual's parent or guardian of receipt of the individual's
  1 27 declaration of intent to terminate school enrollment.  An
  1 28 individual who has reached the age of eighteen and who has not
  1 29 yet graduated from high school or attained a high school
  1 30 equivalency diploma is subject to compulsory school attendance
  1 31 until the formal declaration is filed with the board of
  1 32 directors of the school district or the authorities in charge
  1 33 of an accredited nonpublic school.
  1 34    b.  To the degree possible, a guidance counselor or other
  1 35 school personnel designated by the school district or
  2  1 accredited nonpublic school shall conduct an exit interview
  2  2 with the individual to do all of the following:
  2  3    (1)  Determine the reasons for the individual's decision to
  2  4 terminate school enrollment.
  2  5    (2)  Discuss actions that could be taken to assist the
  2  6 individual to stay in school.
  2  7    (3)  Inform the individual of opportunities to continue the
  2  8 individual's education in a different environment, including
  2  9 but not limited to adult education and test preparation
  2 10 designed to qualify the individual for a high school
  2 11 equivalency diploma.
  2 12    c.  In addition to meeting the requirements of paragraphs
  2 13 "a" and "b", the individual, to the degree possible, shall
  2 14 complete a survey in a format prescribed by the department of
  2 15 education to provide data on the individual's reasons for
  2 16 terminating enrollment and actions taken by the school to keep
  2 17 the individual enrolled.  The school district or accredited
  2 18 nonpublic school shall submit the data from the completed
  2 19 surveys to the department of education annually.
  2 20    Sec. 2.  Section 299.2, unnumbered paragraph 1, Code 2007,
  2 21 is amended to read as follows:
  2 22    Section Sections 299.1 and 299.1A shall not apply to any
  2 23 child:
  2 24    Sec. 3.  Section 299A.8, Code Supplement 2007, is amended
  2 25 to read as follows:
  2 26    299A.8  DUAL ENROLLMENT.
  2 27    If a parent, guardian, or legal custodian of a child who is
  2 28 receiving competent private instruction under this chapter or
  2 29 a child over compulsory age who is receiving private
  2 30 instruction submits a request, the child shall also be
  2 31 registered in a public school for dual enrollment purposes.
  2 32 If the child is enrolled in a public school district for dual
  2 33 enrollment purposes, the child shall be permitted to
  2 34 participate in any academic activities in the district and
  2 35 shall also be permitted to participate on the same basis as
  3  1 public school children in any extracurricular activities
  3  2 available to children in the child's grade or group, and the
  3  3 parent, guardian, or legal custodian shall not be required to
  3  4 pay the costs of any annual evaluation under this chapter.  If
  3  5 the child is enrolled for dual enrollment purposes, the child
  3  6 shall be included in the public school's basic enrollment
  3  7 under section 257.6.  A pupil who is participating only in
  3  8 extracurricular activities shall be counted under section
  3  9 257.6, subsection 1, paragraph "a", subparagraph (6).  A pupil
  3 10 enrolled in grades nine through twelve under this section
  3 11 shall be counted in the same manner as a shared=time pupil
  3 12 under section 257.6, subsection 1, paragraph "a", subparagraph
  3 13 (3).
  3 14    Sec. 4.  COMPULSORY ATTENDANCE WORKING GROUP.  The
  3 15 department of education shall convene a working group
  3 16 comprised of the director of the department of education, or
  3 17 the director's designee, and other education stakeholders
  3 18 appointed by the department to review supports for students
  3 19 affected by an increase in the compulsory attendance age from
  3 20 sixteen to eighteen years of age.  The working group shall
  3 21 consider, at a minimum, the necessity of expansion of support
  3 22 programs and services for such students, online at=risk
  3 23 academy courses, career academies, and current at=risk
  3 24 allowable growth provisions, and full funding of the
  3 25 instructional support levy.  The working group shall submit
  3 26 its findings and recommendations, including any proposed
  3 27 changes in policy or statute, to the state board of education
  3 28 and the general assembly by January 15, 2009.
  3 29    Sec. 5.  STATE MANDATE FUNDING SPECIFIED.  In accordance
  3 30 with section 25B.2, subsection 3, the state cost of requiring
  3 31 compliance with any state mandate included in this Act shall
  3 32 be paid by a school district from state school foundation aid
  3 33 received by the school district under section 257.16.  This
  3 34 specification of the payment of the state cost shall be deemed
  3 35 to meet all the state funding=related requirements of section
  4  1 25B.2, subsection 3, and no additional state funding shall be
  4  2 necessary for the full implementation of this Act by and
  4  3 enforcement of this Act against all affected school districts.
  4  4    Sec. 6.  EFFECTIVE DATES.  The section of this Act
  4  5 providing for a compulsory attendance working group takes
  4  6 effect July 1, 2008, and the remainder of the Act takes effect
  4  7 July 1, 2009.
  4  8                           EXPLANATION
  4  9    This bill raises the compulsory school attendance age for
  4 10 students other than those receiving competent private
  4 11 instruction.  Those students, other than those who received
  4 12 competent private instruction, who reach age 18 on or after
  4 13 September 15 during a school year are of compulsory attendance
  4 14 age for the rest of the school year unless they file with the
  4 15 school district or accredited nonpublic school a formal
  4 16 declaration of intent to terminate school enrollment and, to
  4 17 the degree possible, participate in an exit interview and
  4 18 complete a survey that will provide data annually to the
  4 19 department of education regarding the reasons students are
  4 20 terminating enrollment.  The bill includes technical
  4 21 amendments to eliminate a reference to the compulsory
  4 22 attendance age for purposes of dual enrollment and to exempt
  4 23 children who meet conditions existing in Code section 299.2.
  4 24 The bill also directs the department of education to convene a
  4 25 compulsory attendance working group.
  4 26    The school district or nonpublic school must make every
  4 27 effort to notify the individual's parent or guardian of a
  4 28 student's intent to terminate enrollment.  To the degree
  4 29 possible, in conducting the exit interview, school personnel
  4 30 must determine the reasons for the individual's decision to
  4 31 terminate school enrollment, discuss actions that could be
  4 32 taken to assist the individual to stay in school, and inform
  4 33 the individual of opportunities to continue the individual's
  4 34 education in a different environment, including but not
  4 35 limited to adult education and test preparation designed to
  5  1 qualify the individual for a high school equivalency diploma.
  5  2    The working group is to review supports for affected
  5  3 students and to consider the necessity of expanding support
  5  4 programs and services, online at=risk academy courses, career
  5  5 academies, current at=risk allowable growth provisions, and
  5  6 full funding of the instructional support levy.  The working
  5  7 group must submit a report to the general assembly and the
  5  8 department of education by January 15, 2009.
  5  9    The bill may include a state mandate as defined in Code
  5 10 section 25B.3.  The bill requires that the state cost of any
  5 11 state mandate included in the bill be paid by a school
  5 12 district from state school foundation aid received by the
  5 13 school district under Code section 257.16.  The specification
  5 14 is deemed to constitute state compliance with any state
  5 15 mandate funding=related requirements of Code section 25B.2.
  5 16 The inclusion of this specification is intended to reinstate
  5 17 the requirement of political subdivisions to comply with any
  5 18 state mandates included in the bill.
  5 19    The provision relating to the working group takes effect
  5 20 July 1, 2008, while the remainder of the bill takes effect
  5 21 July 1, 2009.
  5 22 LSB 5102HH 82
  5 23 kh/nh/14.1