H.F. 214 Section 1. Section 261E.8, subsection 2, Code 2015, 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 2015, 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 2015, 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 2015, 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 2152YH (3) 86 kh/sc 1/ 9

H.F. 214 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 September 1 3 of the school year in which the child will be under competent 4 private instruction. The secretary shall retain and file 5 one copy and forward the other copy to the district’s area 6 education agency. The report shall state the name and age of 7 the child, the period of time during which the child has been 8 or will be under competent private instruction for the year, 9 an outline of the course of study, texts used, and the name 10 and address of the instructor. The parent, guardian, or legal 11 custodian of a child, who is placing the child under competent 12 private instruction for the first time, shall also provide the 13 district with evidence that the child has had the immunizations 14 required under section 139A.8 , and, if the child is elementary 15 school age, a blood lead test in accordance with section 16 135.105D . The term “outline of course of study” shall include 17 subjects covered, lesson plans, and time spent on the areas of 18 study. 19 Sec. 5. Section 299.6A, subsection 1, Code 2015, is amended 20 to read as follows: 21 1. In lieu of a criminal proceeding under section 299.6 , 22 a county attorney may bring a civil action against a parent, 23 guardian, or legal or actual custodian of a child who is of 24 compulsory attendance age, has not completed educational 25 requirements, and is truant, if the parent, guardian, or legal 26 or actual custodian has failed to cause the child to attend a 27 public school or an accredited nonpublic school, or to place 28 the child under competent private instruction or independent 29 private instruction in the manner provided in this chapter . If 30 the court finds that the parent, guardian, or legal or actual 31 custodian has failed to cause the child to attend as required 32 in this section , the court shall assess a civil penalty of not 33 less than one hundred but not more than one thousand dollars 34 for each violation established. 35 -2- LSB 2152YH (3) 86 kh/sc 2/ 9

H.F. 214 Sec. 6. Section 299.8, Code 2015, is amended to read as 1 follows: 2 299.8 “Truant” defined. 3 Any child of compulsory attendance age who fails to attend 4 school as provided in this chapter , or as required by the 5 school board’s or school governing body’s attendance policy, 6 or who fails to attend competent private instruction or 7 independent private instruction under chapter 299A , without 8 reasonable excuse for the absence, shall be deemed to be a 9 truant. A finding that a child is truant, however, shall not 10 by itself mean that the child is a child in need of assistance 11 within the meaning of chapter 232 and shall not be the sole 12 basis for a child in need of assistance petition. 13 Sec. 7. Section 299.11, subsection 1, Code 2015, is amended 14 to read as follows: 15 1. The truancy officer may take into custody without 16 warrant any apparently truant child and place the child 17 in the charge of the school principal, or the principal’s 18 designee, designated by the board of directors of the school 19 district in which the child resides, or in the charge of any 20 nonpublic school or any authority providing competent private 21 instruction or independent private instruction as defined in 22 section 299A.1 , designated by the parent, guardian, or legal 23 or actual custodian; but if it is other than a public school, 24 the instruction and maintenance of the child shall be without 25 expense to the school district. If a child is taken into 26 custody under this section , the truancy officer shall make 27 every reasonable attempt to immediately notify the parent, 28 guardian, or legal or actual custodian of the child’s location. 29 Sec. 8. Section 299.12, subsection 2, Code 2015, is amended 30 to read as follows: 31 2. This section is not applicable to a child who is 32 receiving competent private instruction or independent private 33 instruction in accordance with the requirements of chapter 34 299A . If a child is not in compliance with the attendance 35 -3- LSB 2152YH (3) 86 kh/sc 3/ 9

H.F. 214 requirements established under section 299.1 , and has not 1 completed educational requirements through the sixth grade, 2 and the school has used every means available to assure the 3 child does attend, the school truancy officer shall contact 4 the child’s parent, guardian, or legal or actual custodian to 5 participate in an attendance cooperation meeting. The parties 6 to the attendance cooperation meeting may include the child 7 and shall include the child’s parent, guardian, or legal or 8 actual custodian and the school truancy officer. The school 9 truancy officer contacting the participants in the attendance 10 cooperation meeting may invite other school officials, a 11 designee of the juvenile court, the county attorney or the 12 county attorney’s designee, or other persons deemed appropriate 13 to participate in the attendance cooperation meeting. 14 Sec. 9. Section 299A.1, Code 2015, is amended to read as 15 follows: 16 299A.1 Competent private Private instruction and independent 17 private instruction . 18 1. The parent, guardian, or legal custodian of a child of 19 compulsory attendance age who places the child under private 20 instruction shall provide, unless otherwise exempted, competent 21 private instruction or independent private instruction in 22 accordance with this chapter . A parent, guardian, or legal 23 custodian of a child of compulsory attendance age who places 24 the child under private instruction which is not competent 25 private instruction or independent private instruction , 26 or otherwise fails to comply with the requirements of this 27 chapter , is subject to the provisions of sections 299.1 through 28 299.4 and the penalties provided in section 299.6 . 29 2. For purposes of this chapter and chapter 299 : 30 a. “Competent private instruction” means private instruction 31 provided on a daily basis for at least one hundred forty-eight 32 days during a school year, to be met by attendance for at 33 least thirty-seven days each school quarter, by or under the 34 supervision of a licensed practitioner in the manner provided 35 -4- LSB 2152YH (3) 86 kh/sc 4/ 9

H.F. 214 under section 299A.2 , or a parent, guardian, or legal custodian 1 under section 299A.3, which results in the student making 2 adequate progress. 3 b. “Independent private instruction” means instruction that 4 meets the following criteria: 5 (1) Is not accredited. 6 (2) Enrolls not more than four unrelated students. 7 (3) Does not charge tuition, fees, or other remuneration for 8 instruction. 9 (4) Provides private or religious-based instruction as its 10 primary purpose. 11 (5) Provides enrolled students with instruction in 12 mathematics, reading and language arts, science, and social 13 studies. 14 (6) Provides, upon written request from the superintendent 15 of the school district in which the independent private 16 instruction is provided, or from the director of the department 17 of education, a report identifying the primary instructor, 18 location, name of the authority responsible for the independent 19 private instruction, and the names of the students enrolled. 20 (7) Is not a nonpublic school and does not provide competent 21 private instruction as defined in this subsection . 22 (8) Is exempt from all state statutes and administrative 23 rules applicable to a school, a school board, or a school 24 district, except as otherwise provided in chapter 299 and this 25 chapter . 26 c. b. “Private instruction” means instruction using a 27 plan and a course of study in a setting other than a public or 28 organized accredited nonpublic school. 29 Sec. 10. Section 299A.3, unnumbered paragraph 1, Code 2015, 30 is amended to read as follows: 31 A parent, guardian, or legal custodian of a child of 32 compulsory attendance age providing competent private 33 instruction to the child may shall meet all of the following 34 requirements: 35 -5- LSB 2152YH (3) 86 kh/sc 5/ 9

H.F. 214 Sec. 11. Section 299A.11, Code 2015, is amended to read as 1 follows: 2 299A.11 Student records confidential. 3 Notwithstanding any provision of law or rule to the 4 contrary, personal information in records regarding a child 5 receiving competent private instruction or independent private 6 instruction pursuant to this chapter , which are maintained, 7 created, collected, or assembled by or for a state agency, 8 shall be kept confidential in the same manner as personal 9 information in student records maintained, created, collected, 10 or assembled by or for a school corporation or educational 11 institution in accordance with section 22.7, subsection 1 . 12 Sec. 12. Section 321.178, subsection 1, paragraph c, Code 13 2015, is amended to read as follows: 14 c. Every public school district in Iowa shall offer 15 or make available to all students residing in the school 16 district, or Iowa students attending a nonpublic school or 17 receiving competent private instruction or independent private 18 instruction as defined in section 299A.1 , in the district, an 19 approved course in driver education. The receiving district 20 shall be the school district responsible for making driver 21 education available to a student participating in open 22 enrollment under section 282.18 . The courses may be offered 23 at sites other than at the public school, including nonpublic 24 school facilities within the public school districts. An 25 approved course offered during the summer months, on Saturdays, 26 after regular school hours during the regular terms or partly 27 in one term or summer vacation period and partly in the 28 succeeding term or summer vacation period, as the case may 29 be, shall satisfy the requirements of this section to the 30 same extent as an approved course offered during the regular 31 school hours of the school term. A student who successfully 32 completes and obtains certification in an approved course in 33 driver education or an approved course in motorcycle education 34 may, upon proof of such fact, be excused from any field test 35 -6- LSB 2152YH (3) 86 kh/sc 6/ 9

H.F. 214 which the student would otherwise be required to take in 1 demonstrating the student’s ability to operate a motor vehicle. 2 A student shall not be excused from any field test if a parent, 3 guardian, or instructor requests that a test be administered. 4 A final field test prior to a student’s completion of an 5 approved course shall be administered by a person qualified 6 as a classroom driver education instructor and certified to 7 provide street and highway driving instruction. A person 8 qualified as a classroom driver education instructor but not 9 certified to provide street and highway driving instruction 10 may administer the final field test if accompanied by another 11 person qualified to provide street and highway driving 12 instruction. 13 Sec. 13. Section 321.180B, subsection 2, paragraph a, Code 14 2015, is amended to read as follows: 15 a. The department may issue an intermediate driver’s 16 license to a person sixteen or seventeen years of age who 17 possesses an instruction permit issued under subsection 1 or 18 a comparable instruction permit issued by another state for a 19 minimum of twelve months immediately preceding application, 20 and who presents an affidavit signed by a parent, guardian, or 21 custodian on a form to be provided by the department that the 22 permittee has accumulated a total of twenty hours of street 23 or highway driving of which two hours were conducted after 24 sunset and before sunrise and the street or highway driving was 25 with the permittee’s parent, guardian, custodian, instructor, 26 a person certified by the department, or a person at least 27 twenty-five years of age who had written permission from a 28 parent, guardian, or custodian to accompany the permittee, and 29 whose driving privileges have not been suspended, revoked, 30 or barred under this chapter or chapter 321J during, and who 31 has been accident and violation free continuously for, the 32 six-month period immediately preceding the application for an 33 intermediate license. An applicant for an intermediate license 34 must meet the requirements of section 321.186 , including 35 -7- LSB 2152YH (3) 86 kh/sc 7/ 9

H.F. 214 satisfactory completion of driver education as required in 1 section 321.178 or 321.178A , and payment of the required 2 license fee before an intermediate license will be issued. A 3 person issued an intermediate license must limit the number of 4 passengers in the motor vehicle when the intermediate licensee 5 is operating the motor vehicle to the number of passenger 6 safety belts. In addition, unless waived by the person’s 7 parent or guardian at the time the intermediate license is 8 issued, for the first six months following issuance of the 9 license, a person issued an intermediate license must limit the 10 number of unrelated minor passengers in the motor vehicle when 11 the intermediate licensee is operating the motor vehicle to 12 one, except when the intermediate licensee is accompanied in 13 accordance with subsection 1 . For purposes of this subsection , 14 “unrelated minor passenger” means a passenger who is under 15 eighteen years of age and who is not a sibling of the driver, a 16 stepsibling of the driver, or a child who resides in the same 17 household as the driver. The department shall prescribe the 18 form for waiver of the six-month restriction on unrelated minor 19 passengers, which may be in an electronic format, and shall 20 designate characteristics for the intermediate license that 21 shall distinguish between an intermediate license that includes 22 the six-month restriction on unrelated minor passengers and 23 an intermediate license that does not include the six-month 24 restriction on unrelated minor passengers. 25 Sec. 14. REPEAL. Section 321.178A, Code 2015, is repealed. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill eliminates changes made relating to private 30 instruction, including independent private instruction and 31 driver education by a teaching parent, made in 2013 Iowa Acts, 32 chapter 121, divisions X, XII, and XIII. 33 The bill requires that a parent, guardian, or legal 34 custodian of a child of compulsory attendance age placed under 35 -8- LSB 2152YH (3) 86 kh/sc 8/ 9

H.F. 214 competent private instruction by a parent, guardian, or legal 1 custodian submit to the school district of residence a report 2 that states the name and age of the child and the period of 3 time the child has been or will be under competent private 4 instruction and includes an outline of course study and texts 5 used, and the name and address of the instructor, and evidence 6 of immunization. The bill also requires the parent, guardian, 7 or legal custodian to ensure that the child is evaluated 8 annually, and to ensure that the results of the child’s annual 9 evaluation are reported to the school districts. 10 The bill eliminates language that establishes an option for 11 independent private instruction under Code chapter 299A and 12 makes corresponding changes. 13 The bill modifies the definition of “competent private 14 instruction” to include instruction by or under the supervision 15 of a parent, guardian, or legal custodian. 16 The bill also repeals Code section 321.178A, which allows a 17 parent, guardian, or legal custodian who is providing competent 18 private instruction to a student to teach the student driver 19 education provided the parent, guardian, or legal custodian has 20 a valid driver’s license that permits unaccompanied driving and 21 has a clear driving record for the previous two years. 22 -9- LSB 2152YH (3) 86 kh/sc 9/ 9