S.F. 2206 Section 1. Section 261E.8, subsection 2, Code 2018, 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 2018, 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 2018, 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 2018, 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 5876XS (3) 87 kh/jh 1/ 8

S.F. 2206 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 2018, 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 under 30 chapter 299A . If the court finds that the parent, guardian, 31 or legal or actual custodian has failed to cause the child to 32 attend as required in this section , the court shall assess a 33 civil penalty of not less than one hundred but not more than 34 one thousand dollars for each violation established. 35 -2- LSB 5876XS (3) 87 kh/jh 2/ 8

S.F. 2206 Sec. 6. Section 299.8, Code 2018, 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 2018, 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 2018, 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 33 private instruction in accordance with the requirements of 34 under chapter 299A . If a child is not in compliance with the 35 -3- LSB 5876XS (3) 87 kh/jh 3/ 8

S.F. 2206 attendance requirements established under section 299.1 , and 1 has not completed educational requirements through the sixth 2 grade, and the school has used every means available to assure 3 the 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 2018, is amended to read as 15 follows: 16 299A.1 Competent private instruction and independent private 17 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 5876XS (3) 87 kh/jh 4/ 8

S.F. 2206 under section 299A.2 , or other person under section 299A.3, 1 which results in the student 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 2018, 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 2018, is amended to read as 35 -5- LSB 5876XS (3) 87 kh/jh 5/ 8

S.F. 2206 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 2018, 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 under chapter 299A , 18 in the district, an approved course in driver education. The 19 receiving district shall be the school district responsible for 20 making driver education available to a student participating 21 in open enrollment under section 282.18 . The courses may be 22 offered at sites other than at the public school, including 23 nonpublic school facilities within the public school districts. 24 An approved course offered during the summer months, on 25 Saturdays, after regular school hours during the regular terms 26 or partly in one term or summer vacation period and partly in 27 the succeeding term or summer vacation period, as the case 28 may 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 5876XS (3) 87 kh/jh 6/ 8

S.F. 2206 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. STATE MANDATE FUNDING SPECIFIED. In accordance 13 with section 25B.2, subsection 3, the state cost of requiring 14 compliance with any state mandate included in this Act shall 15 be paid by a school district from state school foundation aid 16 received by the school district under section 257.16. This 17 specification of the payment of the state cost shall be deemed 18 to meet all of the state funding-related requirements of 19 section 25B.2, subsection 3, and no additional state funding 20 shall be necessary for the full implementation of this Act 21 by and enforcement of this Act against all affected school 22 districts. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill eliminates independent private instruction from 27 the options available under Code chapter 299A, relating to the 28 private instruction for school-age children, and requires that 29 the parent, guardian, or legal custodian of a child placed 30 under competent private instruction, provided either by a 31 licensed practitioner or by a nonlicensed person, meet the 32 reporting and assessment requirements of Code chapters 299 and 33 299A, or be subject to the compulsory education requirements 34 and truancy provisions of Code chapter 299. 35 -7- LSB 5876XS (3) 87 kh/jh 7/ 8

S.F. 2206 The bill makes conforming changes. 1 The bill may include a state mandate as defined in Code 2 section 25B.3. The bill requires that the state cost of 3 any state mandate included in the bill be paid by a school 4 district from state school foundation aid received by the 5 school district under Code section 257.16. The specification 6 is deemed to constitute state compliance with any state mandate 7 funding-related requirements of Code section 25B.2. The 8 inclusion of this specification is intended to reinstate the 9 requirement of political subdivisions to comply with any state 10 mandates included in the bill. 11 -8- LSB 5876XS (3) 87 kh/jh 8/ 8