S.F. 391 Section 1. Section 257.6, subsection 1, paragraph a, 1 subparagraph (5), Code 2017, is amended to read as follows: 2 (5) Resident pupils receiving competent private instruction 3 from a licensed practitioner provided through a public 4 school district pursuant to chapter 299A shall be counted as 5 three-tenths four-tenths of one pupil. Revenues received by 6 a school district attributed to a school district’s weighted 7 enrollment pursuant to this subparagraph shall be expended 8 for the purpose for which the weighting was assigned under 9 this subparagraph. If the school district determines that 10 the expenditures associated with providing competent private 11 instruction pursuant to chapter 299A are in excess of the 12 revenue attributed to the school district’s weighted enrollment 13 for such instruction in accordance with this subparagraph, 14 the school district may submit a request to the school budget 15 review committee for a modified supplemental amount in 16 accordance with section 257.31, subsection 5 , paragraph “n” . 17 A home school assistance program shall not provide moneys 18 received pursuant to this subparagraph, nor resources paid 19 for with moneys received pursuant to this subparagraph, to 20 parents or students utilizing the program. Moneys received by 21 a school district pursuant to this subparagraph shall be used 22 as provided in section 299A.12 . 23 Sec. 2. Section 299.4, subsection 1, Code 2017, is amended 24 to read as follows: 25 1. The parent, guardian, or legal custodian of a child 26 who is of compulsory attendance age, who places the child 27 under competent private instruction under section 299A.2 or 28 in independent private instruction under chapter 299A , not 29 in an accredited school or a home school assistance program 30 operated by a school district or accredited nonpublic school, 31 shall furnish a report in duplicate on forms provided by to 32 the public school district , to in the manner specified by the 33 district , by September 1 of the school year in which the child 34 will be under competent private instruction or in independent 35 -1- LSB 1556XS (3) 87 kh/jh 1/ 7

S.F. 391 private instruction . The secretary shall retain and file one 1 copy the report and forward the other a copy to the district’s 2 area education agency. The report shall state the name and 3 age of the child, the period of time during which the child 4 has been or will be under competent private instruction or 5 in independent private instruction for the year, an outline 6 of the course of study, texts used, and the name and address 7 of the instructor. The parent, guardian, or legal custodian 8 of a child, who is placing the child under competent private 9 instruction or in independent private instruction for the first 10 time, shall also provide the district with evidence that the 11 child has had the immunizations required under section 139A.8 , 12 and, if the child is elementary school age, a blood lead test 13 in accordance with section 135.105D . The term “outline of 14 course of study” shall include subjects covered, lesson plans, 15 and time spent on the areas of study. 16 Sec. 3. Section 299A.4, subsections 1, 2, 3, and 4, Code 17 2017, are amended to read as follows: 18 1. Each child of compulsory attendance age who is 19 receiving competent private instruction or independent private 20 instruction shall either be evaluated annually by May 1, using 21 a nationally recognized standardized achievement evaluation or 22 other assessment tool developed or recognized by the department 23 of education and chosen by the child’s parent, guardian, 24 or legal custodian from a list of approved evaluations or 25 assessment tools provided by the department of education or 26 be evaluated annually in the manner provided in subsection 27 7 . The department shall provide information on the cost of 28 and the administration time required for each of the approved 29 evaluations. The department shall provide, as part of approval 30 procedures for evaluations to be used under this section , a 31 mechanism which permits the introduction and approval of new 32 or alternate methods of educational assessment which meet the 33 requirements of this chapter . 34 2. A child, who is seven years of age and is receiving 35 -2- LSB 1556XS (3) 87 kh/jh 2/ 7

S.F. 391 competent private instruction or independent private 1 instruction or who is placed under competent private such 2 instruction for the first time, shall be administered an 3 evaluation for purposes of obtaining educational baseline data. 4 3. The director of the department of education, or the 5 director’s designee, which may include a school district or an 6 area education agency, shall conduct the evaluations required 7 under subsections 1 and 2 for children under competent private 8 instruction or independent private instruction . Evaluation 9 shall occur at a time and a place to be determined by the person 10 responsible for conducting the evaluation. Persons conducting 11 the evaluations shall make every reasonable effort to conduct 12 the evaluations at times and places which are convenient either 13 for the parent, guardian, or legal custodian if the child is 14 receiving competent private instruction, or for the authority 15 responsible for the independent private instruction if the 16 child is receiving independent private instruction . 17 4. The parent, guardian, or legal custodian of a child 18 receiving competent private instruction or independent private 19 instruction may be present when the child is evaluated, 20 but only if both the parent, guardian, or legal custodian 21 and the child are under the supervision of the evaluation 22 administrator. The authority responsible for the independent 23 private instruction may also be present when the child 24 receiving independent private instruction is evaluated, but 25 only if the persons present are all under the supervision of 26 the evaluation administrator. 27 Sec. 4. Section 299A.4, subsection 7, paragraph a, 28 subparagraph (3), Code 2017, is amended to read as follows: 29 (3) Completed assessment evaluations, other than the 30 annual achievement evaluation, if assessment evaluations are 31 administered to a pupil as part of the competent private 32 instruction by the parent, guardian, or legal custodian or 33 as part of independent private instruction by the authority 34 responsible for the independent private instruction . 35 -3- LSB 1556XS (3) 87 kh/jh 3/ 7

S.F. 391 Sec. 5. Section 299A.5, Code 2017, is amended to read as 1 follows: 2 299A.5 Reporting of evaluation results. 3 1. The results of evaluations administered to children 4 of compulsory attendance age who are under sections 299A.3, 5 299A.4, and 299A.9 shall be reported to the following: 6 a. For children receiving competent private instruction 7 or independent private instruction, the evaluation shall be 8 reported by the evaluation administrator to the child’s parent, 9 guardian, or legal custodian, the and for children receiving 10 independent private instruction, to the authority responsible 11 for providing the independent private instruction. 12 b. The school district of residence of the child , and the . 13 c. The department of education. 14 2. Personally identifiable information relating to or 15 contained in the evaluation scores is confidential and shall 16 not be released without the prior consent of the child’s 17 parent, guardian, or custodian except as otherwise permitted 18 by law. 19 Sec. 6. Section 299A.6, Code 2017, is amended to read as 20 follows: 21 299A.6 Failure to make adequate progress. 22 1. If the results of evaluations, administered to a child 23 of compulsory attendance age who is under competent private 24 instruction or receiving independent private instruction , 25 indicate that the student child has failed to make adequate 26 progress, the parent, guardian, or legal custodian shall 27 cause the child to attend an accredited public or nonpublic 28 school at the beginning of the next school year unless, before 29 the beginning of the next school year, the child retakes a 30 different form of the same evaluation, or another evaluation 31 from the approved list of tests or assessment tools recognized 32 by the department of education, and the results indicate that 33 adequate progress has been made, the child has demonstrated 34 adequate performance in the opinion of an evaluator and 35 -4- LSB 1556XS (3) 87 kh/jh 4/ 7

S.F. 391 documented in a report under section 299A.4, subsection 7 , or 1 the director of the department of education, or the director’s 2 designee, grants approval for competent private instruction or 3 independent private instruction to continue under a plan for 4 remediation. 5 2. A child who is required to attend an accredited public or 6 nonpublic school under this section shall continue attendance 7 at an accredited public or nonpublic school until the child 8 achieves adequate progress. 9 3. For purposes of this chapter , “adequate progress” 10 means, for children in all grade levels of competent private 11 instruction or independent private instruction , evaluation 12 scores which are above the thirtieth percentile, nationally 13 normed, in each of the areas of reading, mathematics, and 14 language arts, and which indicate either that the child has 15 made six months’ progress from the previous evaluation results 16 or that the child is at or above grade level for the child’s 17 age. For children in grade levels six and above, “adequate 18 progress” also means that the child has achieved evaluation 19 scores in both science and social studies which are above the 20 thirtieth percentile, nationally normed, and which either 21 indicate that the child has made six months’ progress from the 22 previous evaluation results or that the child is at or above 23 grade level for the child’s age. 24 Sec. 7. Section 299A.7, Code 2017, is amended to read as 25 follows: 26 299A.7 Notice to parents —— remediation. 27 If a child is placed under competent private instruction 28 or is receiving independent private instruction and the 29 child fails to make adequate progress under competent private 30 instruction , the director of the department of education, or 31 the director’s designee, shall notify the parent, guardian, 32 or custodian of the child that the child is required to 33 attend an accredited public or nonpublic school, unless 34 approval for competent private instruction or independent 35 -5- LSB 1556XS (3) 87 kh/jh 5/ 7

S.F. 391 private instruction under a remediation plan is granted. The 1 director, or the director’s designee, may provisionally approve 2 continued competent private instruction or independent private 3 instruction under an approved remediation plan designed to 4 improve instruction for up to one year. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill establishes reporting and assessment requirements 9 for independent private instruction and increases the weighting 10 from 0.3 to 0.4 of one pupil for resident pupils receiving 11 competent private instruction from a licensed practitioner who 12 are enrolled in a school district and receiving services under 13 the school district’s home school assistance program. 14 The parent, guardian, or legal custodian of a child who 15 places the child in independent private instruction must 16 furnish a report to the public school district by September 1 17 stating the child’s name and age, the period of time the child 18 has been or will be in independent private instruction for the 19 year, an outline of the course of study, including subjects 20 covered, lesson plans, time spent, texts used, and the name 21 and address of the instructor; and shall also provide the 22 district with evidence that the child has had the required 23 immunizations, and, if the child is elementary school age, a 24 blood lead test. 25 A child in independent private instruction must be 26 evaluated for purposes of obtaining educational baseline 27 data at age seven and annually by May 1 using a nationally 28 recognized standardized achievement evaluation or other 29 department-approved assessment tool. Persons conducting the 30 evaluations must make every reasonable effort to conduct the 31 evaluations at times and places which are convenient for the 32 authority responsible for the independent private instruction. 33 The parent, guardian, or legal custodian of the child and 34 the independent private instruction authority may be present 35 -6- LSB 1556XS (3) 87 kh/jh 6/ 7

S.F. 391 when the child is evaluated. Currently, the Code allows 1 the submission of alternatives to the annual achievement 2 evaluations. 3 The evaluation results must be reported to the parent, 4 guardian, or legal custodian, and to the authority responsible 5 for providing the independent private instruction. If 6 the results indicate the child has failed to make adequate 7 progress, the parent, guardian, or legal custodian must either 8 enroll the child in an accredited public or nonpublic school 9 at the beginning of the next school year or retest the child. 10 If the results of the retest show adequate progress, the child 11 may continue independent private instruction under a plan 12 for remediation. Otherwise, the child must continue in an 13 accredited school until achieving adequate progress. 14 -7- LSB 1556XS (3) 87 kh/jh 7/ 7