Senate File 6 - Introduced





                                       SENATE FILE       
                                       BY  HECKROTH


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

                                      A BILL FOR

  1 An Act lowering the compulsory school attendance age and
  2    providing for properly related matters.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1079XS 83
  5 kh/nh/5

PAG LIN



  1  1    Section 1.  Section 135.17, subsection 1, paragraph a, Code
  1  2 2009, is amended to read as follows:
  1  3    a.  Except as provided in paragraphs "c" and "d", the
  1  4 parent or guardian of a child enrolled in elementary school
  1  5 shall provide evidence to the school district or accredited
  1  6 nonpublic elementary school in which the child is enrolled of
  1  7 the child having, no earlier than three years of age but prior
  1  8 to reaching six five years of age, at a minimum, a dental
  1  9 screening performed by a licensed physician as defined in
  1 10 chapter 148 or 150, a nurse licensed under chapter 152, a
  1 11 licensed physician assistant as defined in section 148C.1, or
  1 12 a licensed dental hygienist or dentist as defined in chapter
  1 13 153.  Except as provided in paragraphs "c" and "d", the parent
  1 14 or guardian of a child enrolled in high school shall provide
  1 15 evidence to the school district or accredited nonpublic high
  1 16 school in which the child is enrolled of the child having, at
  1 17 a minimum, a dental screening performed within the prior year
  1 18 by a licensed dental hygienist or dentist as defined in
  1 19 chapter 153.  A school district or accredited nonpublic school
  1 20 shall provide access to a process to complete the screenings
  1 21 described in this paragraph as appropriate.
  1 22    Sec. 2.  Section 135.102, subsection 7, Code 2009, is
  1 23 amended to read as follows:
  1 24    7.  Implementation of a requirement that children receive a
  1 25 blood lead test prior to the age of six five and before
  1 26 enrolling in any elementary school in Iowa in accordance with
  1 27 section 135.105D.
  1 28    Sec. 3.  Section 135.105D, subsection 2, paragraph a, Code
  1 29 2009, is amended to read as follows:
  1 30    a.  A parent or guardian of a child under the age of two is
  1 31 strongly encouraged to have the child tested for elevated
  1 32 blood lead levels by the age of two.  Except as provided in
  1 33 paragraph "b" and subsection 4, a parent or guardian shall
  1 34 provide evidence to the school district elementary attendance
  1 35 center or the accredited nonpublic elementary school in which
  2  1 the parent's or guardian's child is enrolled that the child
  2  2 was tested for elevated blood lead levels by the age of six
  2  3 five according to recommendations provided by the department.
  2  4    Sec. 4.  Section 279.9A, Code 2009, is amended to read as
  2  5 follows:
  2  6    279.9A  INFORMATION SHARING.
  2  7    The rules referred to in section 279.9 shall provide that
  2  8 upon the request of school officials of a school to which the
  2  9 student seeks to transfer or has transferred, school officials
  2 10 of the sending school shall provide an accurate record of any
  2 11 exclusion, suspension, or expulsion actions taken, and the
  2 12 basis for those actions taken, against the student under
  2 13 sections 279.9, 280.19A, 282.3, 282.4, and 282.5.  The
  2 14 designated representative shall disclose this information only
  2 15 to those school employees whose duties require them to be
  2 16 involved with the student.  For purposes of this section,
  2 17 "school employees" means persons employed by a nonpublic
  2 18 school or school district, or any area education agency staff
  2 19 member who provides services to a school or school district.
  2 20    Sec. 5.  Section 282.3, subsection 1, Code 2009, is amended
  2 21 to read as follows:
  2 22    1.  The Notwithstanding section 299.1A, the board of
  2 23 directors of a school district may exclude from school
  2 24 children under the age of six years when in its judgment such
  2 25 children are not sufficiently mature to be benefited by
  2 26 regular instruction, or any child who is found to be
  2 27 physically or mentally unable to attend school under section
  2 28 299.5, or whose presence in school has been found to be
  2 29 injurious to the health of other pupils, or is efficiently
  2 30 taught for the scholastic year at a state institution.
  2 31 However, the board shall provide special education programs
  2 32 and services under chapters 256B, 257, and 273 for all
  2 33 children requiring special education.
  2 34    Sec. 6.  Section 282.3, subsection 2, unnumbered paragraphs
  2 35 1, 2, and 4, Code 2009, are amended by striking the unnumbered
  3  1 paragraphs.
  3  2    Sec. 7.  Section 282.3, subsection 2, unnumbered paragraph
  3  3 3, Code 2009, is amended to read as follows:
  3  4    No child shall be admitted to school work for the year
  3  5 immediately preceding the first grade The board of directors
  3  6 of a school district shall not admit a child to kindergarten
  3  7 unless the child is five years of age on or before the
  3  8 fifteenth of September 15 of the current school year.
  3  9    Sec. 8.  Section 282.3, subsection 3, Code 2009, is amended
  3 10 by striking the subsection.
  3 11    Sec. 9.  Section 299.1, unnumbered paragraph 1, Code 2009,
  3 12 is amended to read as follows:
  3 13    Except as provided in section 299.2 or when the board of
  3 14 directors excludes a child from school as provided in section
  3 15 282.3, subsection 1, the parent, guardian, or legal or actual
  3 16 custodian of a child who is of compulsory attendance age,
  3 17 shall cause the child to attend some public school, an
  3 18 accredited nonpublic school, or competent private instruction
  3 19 in accordance with the provisions of chapter 299A, during a
  3 20 school year, as defined under section 279.10.  The board of
  3 21 directors of a public school district or the governing body of
  3 22 an accredited nonpublic school shall set the number of days of
  3 23 required attendance for the schools under its control.
  3 24    Sec. 10.  Section 299.1A, Code 2009, is amended to read as
  3 25 follows:
  3 26    299.1A  COMPULSORY ATTENDANCE AGE.
  3 27    A child who has reached the age of six five and is under
  3 28 sixteen years of age by September 15 is of compulsory
  3 29 attendance age.  However, if a child enrolled in a school
  3 30 district or accredited nonpublic school reaches the age of
  3 31 sixteen on or after September 15, the child remains of
  3 32 compulsory age until the end of the regular school calendar.
  3 33                           EXPLANATION
  3 34    This bill lowers the compulsory school attendance age from
  3 35 age six to age five.  The bill makes a number of conforming
  4  1 changes, including the elimination of language establishing
  4  2 the conditions under which a child may be admitted to
  4  3 kindergarten and first grade in a public school.  The bill
  4  4 retains language authorizing a school board to exclude a child
  4  5 under six from school if the board determines the child is
  4  6 unable to benefit from instruction.
  4  7    With the lowering of the compulsory attendance age, the
  4  8 bill also requires the Iowa department of public health to
  4  9 implement the requirement that children receive a blood lead
  4 10 test prior to the age of five, rather than six and that the
  4 11 parent or guardian of a child enrolled in elementary school
  4 12 provide evidence to the school district that the child, prior
  4 13 to the age of five rather than six, had a dental screening.
  4 14 The requirement that children receive the test before the time
  4 15 of enrollment remains unchanged.
  4 16    The bill includes a technical change in Code section 279.9A
  4 17 to state that the actions which may be taken by school
  4 18 officials under the Code sections referenced in the statute
  4 19 include the exclusion of a student.
  4 20 LSB 1079XS 83
  4 21 kh/nh/5