H.F. 2308 Section 1. Section 261E.8, subsection 2, Code 2014, is 1 amended to read as follows: 2 2. Students from accredited nonpublic schools and students 3 receiving competent private instruction or independent private 4 instruction under chapter 299A may access the program through 5 the school district in which the accredited nonpublic school or 6 private institution is located. 7 Sec. 2. Section 299.1, subsection 1, Code 2014, is amended 8 to read as follows: 9 1. Except as provided in section 299.2 , the parent, 10 guardian, or legal or actual custodian of a child who is of 11 compulsory attendance age shall cause the child to attend some 12 public school or an accredited nonpublic school, or place 13 the child under competent private instruction or independent 14 private instruction in accordance with the provisions of 15 chapter 299A , during a school year, as defined under section 16 279.10 . 17 Sec. 3. Section 299.1B, Code 2014, is amended to read as 18 follows: 19 299.1B Failure to attend —— driver’s license. 20 A person who is of compulsory attendance age who does 21 not meet the requirements for an exception under section 22 299.2 , who does not attend a public school or an accredited 23 nonpublic school, who is not receiving competent private 24 instruction or independent private instruction in accordance 25 with the provisions of chapter 299A , and who does not attend 26 an alternative school or adult education classes, shall not 27 receive an intermediate or full driver’s license until age 28 eighteen. 29 Sec. 4. Section 299.4, subsection 1, Code 2014, is amended 30 to read as follows: 31 1. The parent, guardian, or legal custodian of a child who 32 is of compulsory attendance age, who places the child under 33 competent private instruction under either section 299A.2 or 34 299A.3 , not in an accredited school or a home school assistance 35 -1- LSB 5813YH (3) 85 kh/sc 1/ 9

H.F. 2308 program operated by a school district or accredited nonpublic 1 school, shall furnish a report in duplicate on forms provided 2 by the public school district, to the district by the earliest 3 starting date specified in section 279.10, subsection 1 . The 4 secretary shall retain and file one copy and forward the other 5 copy to the district’s area education agency. The report shall 6 state the name and age of the child, the period of time during 7 which the child has been or will be under competent private 8 instruction for the year, an outline of the course of study, 9 texts used, and the name and address of the instructor. The 10 parent, guardian, or legal custodian of a child, who is placing 11 the child under competent private instruction for the first 12 time, shall also provide the district with evidence that the 13 child has had the immunizations required under section 139A.8 , 14 and, if the child is elementary school age, a blood lead test 15 in accordance with section 135.105D . The term “outline of 16 course of study” shall include subjects covered, lesson plans, 17 and time spent on the areas of study. 18 Sec. 5. Section 299.6A, subsection 1, Code 2014, is amended 19 to read as follows: 20 1. In lieu of a criminal proceeding under section 299.6 , 21 a county attorney may bring a civil action against a parent, 22 guardian, or legal or actual custodian of a child who is of 23 compulsory attendance age, has not completed educational 24 requirements, and is truant, if the parent, guardian, or legal 25 or actual custodian has failed to cause the child to attend 26 a public school or an accredited nonpublic school, or placed 27 the child under competent private instruction or independent 28 private instruction in the manner provided in this chapter . If 29 the court finds that the parent, guardian, or legal or actual 30 custodian has failed to cause the child to attend as required 31 in this section , the court shall assess a civil penalty of not 32 less than one hundred but not more than one thousand dollars 33 for each violation established. 34 Sec. 6. Section 299.8, Code 2014, is amended to read as 35 -2- LSB 5813YH (3) 85 kh/sc 2/ 9

H.F. 2308 follows: 1 299.8 “Truant” defined. 2 Any child of compulsory attendance age who fails to attend 3 school as provided in this chapter , or as required by the 4 school board’s or school governing body’s attendance policy, 5 or who fails to attend competent private instruction or 6 independent private instruction under chapter 299A , without 7 reasonable excuse for the absence, shall be deemed to be a 8 truant. A finding that a child is truant, however, shall not 9 by itself mean that the child is a child in need of assistance 10 within the meaning of chapter 232 and shall not be the sole 11 basis for a child in need of assistance petition. 12 Sec. 7. Section 299.11, subsection 1, Code 2014, is amended 13 to read as follows: 14 1. The truancy officer may take into custody without 15 warrant any apparently truant child and place the child 16 in the charge of the school principal, or the principal’s 17 designee, designated by the board of directors of the school 18 district in which the child resides, or in the charge of any 19 nonpublic school or any authority providing competent private 20 instruction or independent private instruction as defined in 21 section 299A.1 , designated by the parent, guardian, or legal 22 or actual custodian; but if it is other than a public school, 23 the instruction and maintenance of the child shall be without 24 expense to the school district. If a child is taken into 25 custody under this section , the truancy officer shall make 26 every reasonable attempt to immediately notify the parent, 27 guardian, or legal or actual custodian of the child’s location. 28 Sec. 8. Section 299.12, subsection 2, Code 2014, is amended 29 to read as follows: 30 2. This section is not applicable to a child who is 31 receiving competent private instruction or independent private 32 instruction in accordance with the requirements of chapter 33 299A . If a child is not in compliance with the attendance 34 requirements established under section 299.1 , and has not 35 -3- LSB 5813YH (3) 85 kh/sc 3/ 9

H.F. 2308 completed educational requirements through the sixth grade, 1 and the school has used every means available to assure the 2 child does attend, the school truancy officer shall contact 3 the child’s parent, guardian, or legal or actual custodian to 4 participate in an attendance cooperation meeting. The parties 5 to the attendance cooperation meeting may include the child 6 and shall include the child’s parent, guardian, or legal or 7 actual custodian and the school truancy officer. The school 8 truancy officer contacting the participants in the attendance 9 cooperation meeting may invite other school officials, a 10 designee of the juvenile court, the county attorney or the 11 county attorney’s designee, or other persons deemed appropriate 12 to participate in the attendance cooperation meeting. 13 Sec. 9. Section 299A.1, Code 2014, is amended to read as 14 follows: 15 299A.1 Competent private Private instruction and independent 16 private instruction . 17 1. The parent, guardian, or legal custodian of a child of 18 compulsory attendance age who places the child under private 19 instruction shall provide, unless otherwise exempted, competent 20 private instruction or independent private instruction in 21 accordance with this chapter . A parent, guardian, or legal 22 custodian of a child of compulsory attendance age who places 23 the child under private instruction which is not competent 24 private instruction or independent private instruction , 25 or otherwise fails to comply with the requirements of this 26 chapter , is subject to the provisions of sections 299.1 through 27 299.4 and the penalties provided in section 299.6 . 28 2. For purposes of this chapter and chapter 299 : , 29 a. “Competent “competent private instruction” means private 30 instruction provided on a daily basis for at least one hundred 31 forty-eight days during a school year, to be met by attendance 32 for at least thirty-seven days each school quarter, by or 33 under the supervision of a licensed practitioner in the manner 34 provided under section 299A.2 , or a parent, guardian, or legal 35 -4- LSB 5813YH (3) 85 kh/sc 4/ 9

H.F. 2308 custodian under section 299A.3, which results in the student 1 making adequate progress. 2 b. “Independent private instruction” means instruction that 3 meets the following criteria: 4 (1) Is not accredited. 5 (2) Enrolls not more than four unrelated students. 6 (3) Does not charge tuition, fees, or other remuneration for 7 instruction. 8 (4) Provides private or religious-based instruction as its 9 primary purpose. 10 (5) Provides enrolled students with instruction in 11 mathematics, reading and language arts, science, and social 12 studies. 13 (6) Provides, upon written request from the superintendent 14 of the school district in which the independent private 15 instruction is provided, or from the director of the department 16 of education, a report identifying the primary instructor, 17 location, name of the authority responsible for the independent 18 private instruction, and the names of the students enrolled. 19 (7) Is not a nonpublic school and does not provide competent 20 private instruction as defined in this subsection . 21 (8) Is exempt from all state statutes and administrative 22 rules applicable to a school, a school board, or a school 23 district, except as otherwise provided in chapter 299 and this 24 chapter . 25 c. b. “Private instruction” means instruction using a 26 plan and a course of study in a setting other than a public or 27 organized accredited nonpublic school. 28 Sec. 10. Section 299A.3, unnumbered paragraph 1, Code 2014, 29 is amended to read as follows: 30 A parent, guardian, or legal custodian of a child of 31 compulsory attendance age providing competent private 32 instruction to the child may shall meet all of the following 33 requirements: 34 Sec. 11. Section 299A.11, Code 2014, is amended to read as 35 -5- LSB 5813YH (3) 85 kh/sc 5/ 9

H.F. 2308 follows: 1 299A.11 Student records confidential. 2 Notwithstanding any provision of law or rule to the 3 contrary, personal information in records regarding a child 4 receiving competent private instruction or independent private 5 instruction pursuant to this chapter , which are maintained, 6 created, collected, or assembled by or for a state agency, 7 shall be kept confidential in the same manner as personal 8 information in student records maintained, created, collected, 9 or assembled by or for a school corporation or educational 10 institution in accordance with section 22.7, subsection 1 . 11 Sec. 12. Section 321.178, subsection 1, paragraph c, Code 12 2014, is amended to read as follows: 13 c. Every public school district in Iowa shall offer 14 or make available to all students residing in the school 15 district, or Iowa students attending a nonpublic school or 16 receiving competent private instruction or independent private 17 instruction as defined in section 299A.1 , in the district, an 18 approved course in driver education. The receiving district 19 shall be the school district responsible for making driver 20 education available to a student participating in open 21 enrollment under section 282.18 . The courses may be offered 22 at sites other than at the public school, including nonpublic 23 school facilities within the public school districts. An 24 approved course offered during the summer months, on Saturdays, 25 after regular school hours during the regular terms or partly 26 in one term or summer vacation period and partly in the 27 succeeding term or summer vacation period, as the case may 28 be, shall satisfy the requirements of this section to the 29 same extent as an approved course offered during the regular 30 school hours of the school term. A student who successfully 31 completes and obtains certification in an approved course in 32 driver education or an approved course in motorcycle education 33 may, upon proof of such fact, be excused from any field test 34 which the student would otherwise be required to take in 35 -6- LSB 5813YH (3) 85 kh/sc 6/ 9

H.F. 2308 demonstrating the student’s ability to operate a motor vehicle. 1 A student shall not be excused from any field test if a parent, 2 guardian, or instructor requests that a test be administered. 3 A final field test prior to a student’s completion of an 4 approved course shall be administered by a person qualified 5 as a classroom driver education instructor and certified to 6 provide street and highway driving instruction. A person 7 qualified as a classroom driver education instructor but not 8 certified to provide street and highway driving instruction 9 may administer the final field test if accompanied by another 10 person qualified to provide street and highway driving 11 instruction. 12 Sec. 13. Section 321.180B, subsection 2, paragraph a, Code 13 2014, is amended to read as follows: 14 a. The department may issue an intermediate driver’s 15 license to a person sixteen or seventeen years of age who 16 possesses an instruction permit issued under subsection 1 or 17 a comparable instruction permit issued by another state for a 18 minimum of twelve months immediately preceding application, 19 and who presents an affidavit signed by a parent, guardian, or 20 custodian on a form to be provided by the department that the 21 permittee has accumulated a total of twenty hours of street 22 or highway driving of which two hours were conducted after 23 sunset and before sunrise and the street or highway driving was 24 with the permittee’s parent, guardian, custodian, instructor, 25 a person certified by the department, or a person at least 26 twenty-five years of age who had written permission from a 27 parent, guardian, or custodian to accompany the permittee, and 28 whose driving privileges have not been suspended, revoked, 29 or barred under this chapter or chapter 321J during, and who 30 has been accident and violation free continuously for, the 31 six-month period immediately preceding the application for an 32 intermediate license. An applicant for an intermediate license 33 must meet the requirements of section 321.186 , including 34 satisfactory completion of driver education as required in 35 -7- LSB 5813YH (3) 85 kh/sc 7/ 9

H.F. 2308 section 321.178 or 321.178A , and payment of the required 1 license fee before an intermediate license will be issued. A 2 person issued an intermediate license must limit the number of 3 passengers in the motor vehicle when the intermediate licensee 4 is operating the motor vehicle to the number of passenger 5 safety belts. In addition, unless waived by the person’s 6 parent or guardian at the time the intermediate license is 7 issued, for the first six months following issuance of the 8 license, a person issued an intermediate license must limit the 9 number of unrelated minor passengers in the motor vehicle when 10 the intermediate licensee is operating the motor vehicle to 11 one, except when the intermediate licensee is accompanied in 12 accordance with subsection 1 . For purposes of this subsection , 13 “unrelated minor passenger” means a passenger who is under 14 eighteen years of age and who is not a sibling of the driver, a 15 stepsibling of the driver, or a child who resides in the same 16 household as the driver. The department shall prescribe the 17 form for waiver of the six-month restriction on unrelated minor 18 passengers, which may be in an electronic format, and shall 19 designate characteristics for the intermediate license that 20 shall distinguish between an intermediate license that includes 21 the six-month restriction on unrelated minor passengers and 22 an intermediate license that does not include the six-month 23 restriction on unrelated minor passengers. 24 Sec. 14. REPEAL. Section 321.178A, Code 2014, is repealed. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill eliminates changes made relating to private 29 instruction, including independent private instruction and 30 driver education by a teaching parent, made in 2013 Iowa Acts, 31 chapter 121, divisions X, XII, and XIII. 32 The bill requires that a parent, guardian, or legal 33 custodian of a child of compulsory attendance age placed under 34 competent private instruction by a parent, guardian, or legal 35 -8- LSB 5813YH (3) 85 kh/sc 8/ 9

H.F. 2308 custodian submit to the school district of residence a report 1 that states the name and age of the child and the period of 2 time the child has been or will be under competent private 3 instruction and includes an outline of course study and texts 4 uses, and the name and address of the instructor, and evidence 5 of immunization. The bill also requires the parent, guardian, 6 or legal custodian to ensure that the child is evaluated 7 annually, and to ensure that the results of the child’s annual 8 evaluation are reported to the school districts. 9 The bill eliminates language that establishes an option for 10 independent private instruction under Code chapter 299A and 11 makes corresponding changes. 12 The bill modifies the definition of “competent private 13 instruction” to include instruction by or under the supervision 14 of a parent, guardian, or legal custodian. 15 The bill also repeals Code section 321.178A, which allows a 16 parent, guardian, or legal custodian who is providing competent 17 private instruction to a student to teach the student driver 18 education provided the parent, guardian, or legal custodian has 19 a valid driver’s license that permits unaccompanied driving and 20 has a clear driving record for the previous two years. 21 -9- LSB 5813YH (3) 85 kh/sc 9/ 9