H.F. 182 Section 1. Section 256.42, subsections 1, 5, and 8, Code 1 2019, are amended to read as follows: 2 1. An Iowa learning online initiative is established 3 within the department to partner with school districts and 4 accredited nonpublic schools to provide distance education 5 to high school students statewide. The initiative may also 6 provide distance education to a student receiving independent 7 private instruction as defined in section 299A.1, subsection 8 2 , paragraph “b” , competent private instruction under section 9 299A.2 , or private instruction by a nonlicensed person under 10 section 299A.3 chapter 299A . The department shall utilize a 11 variety of content repositories, including those maintained 12 by the area education agencies and the public broadcasting 13 division, in administering the initiative. 14 5. Under the initiative, a student must be enrolled in 15 a participating school district or accredited nonpublic 16 school or be receiving private instruction under chapter 299A 17 as described in subsection 1 . For a student enrolled in a 18 participating school district or accredited nonpublic school, 19 the school district or school is responsible for recording 20 grades received for initiative coursework in a student’s 21 permanent record, awarding high school credit for initiative 22 coursework, and issuing a high school diploma to a student 23 enrolled in the district or school who participates and 24 completes coursework under the initiative. Each participating 25 school shall identify a site coordinator to serve as a student 26 advocate and as a liaison between the initiative staff and 27 teachers and the school district or accredited nonpublic 28 school. The individual providing instruction to a student 29 under chapter 299A as described in subsection 1 shall receive 30 the student’s score for completed initiative coursework. 31 8. The department shall establish fees payable by school 32 districts, accredited nonpublic schools, and individuals 33 parents, guardians, or legal custodians providing instruction 34 to students under chapter 299A as described in subsection 1 , 35 -1- LSB 2083YH (4) 88 kh/jh 1/ 11

H.F. 182 for coursework offered under the initiative. Fees collected 1 pursuant to this subsection are appropriated to the department 2 to be used only for the purpose of administering this section 3 and shall be established so as not to exceed the cost of 4 administering this section . Providing professional development 5 necessary to prepare teachers to participate in the initiative 6 shall be considered a cost of administering this section . 7 Notwithstanding section 8.33 , fees collected by the department 8 that remain unencumbered or unobligated at the close of the 9 fiscal year shall not revert but shall remain available for 10 expenditure for the purpose of expanding coursework offered 11 under the initiative in subsequent fiscal years. 12 Sec. 2. Section 261E.8, subsection 2, Code 2019, is amended 13 to read as follows: 14 2. Students from accredited nonpublic schools and students 15 receiving competent private instruction or independent private 16 instruction under chapter 299A may access the program through 17 the school district in which the accredited nonpublic school or 18 private institution is located. 19 Sec. 3. Section 299.1, subsection 1, Code 2019, is amended 20 to read as follows: 21 1. Except as provided in section 299.2 , the parent, 22 guardian, or legal or actual custodian of a child who is of 23 compulsory attendance age shall cause the child to attend some 24 public school or an accredited nonpublic school, or place 25 the child under competent private instruction or independent 26 private instruction in accordance with the provisions of 27 chapter 299A , during a school year, as defined under section 28 279.10 . 29 Sec. 4. Section 299.1B, Code 2019, is amended to read as 30 follows: 31 299.1B Failure to attend —— driver’s license. 32 A person who is of compulsory attendance age who does 33 not meet the requirements for an exception under section 34 299.2 , who does not attend a public school or an accredited 35 -2- LSB 2083YH (4) 88 kh/jh 2/ 11

H.F. 182 nonpublic school, who is not receiving competent private 1 instruction or independent private instruction in accordance 2 with the provisions of chapter 299A , and who does not attend 3 an alternative school or adult education classes, shall not 4 receive an intermediate or full driver’s license until age 5 eighteen. 6 Sec. 5. Section 299.4, subsection 1, Code 2019, is amended 7 to read as follows: 8 1. The parent, guardian, or legal custodian of a child who 9 is of compulsory attendance age, who places the child under 10 competent private instruction under either section 299A.2 or 11 299A.3 , not in an accredited school or a home school assistance 12 program operated by a school district or accredited nonpublic 13 school, shall furnish a report in duplicate on forms provided 14 by the public school district, to the district by September 1 15 of the school year in which the child will be under competent 16 private instruction. The secretary shall retain and file 17 one copy and forward the other copy to the district’s area 18 education agency. The report shall state the name and age of 19 the child, the period of time during which the child has been 20 or will be under competent private instruction for the year, 21 an outline of the course of study, texts used, and the name 22 and address of the instructor. The parent, guardian, or legal 23 custodian of a child, who is placing the child under competent 24 private instruction for the first time, shall also provide the 25 district with evidence that the child has had the immunizations 26 required under section 139A.8 , and, if the child is elementary 27 school age, a blood lead test in accordance with section 28 135.105D . The term “outline of course of study” shall include 29 subjects covered, lesson plans, and time spent on the areas of 30 study. 31 Sec. 6. Section 299.6A, subsection 1, Code 2019, is amended 32 to read as follows: 33 1. In lieu of a criminal proceeding under section 299.6 , 34 a county attorney may bring a civil action against a parent, 35 -3- LSB 2083YH (4) 88 kh/jh 3/ 11

H.F. 182 guardian, or legal or actual custodian of a child who is of 1 compulsory attendance age, has not completed educational 2 requirements, and is truant, if the parent, guardian, or legal 3 or actual custodian has failed to cause the child to attend a 4 public school or an accredited nonpublic school, or to place 5 the child under competent private instruction or independent 6 private instruction in the manner provided in this chapter . If 7 the court finds that the parent, guardian, or legal or actual 8 custodian has failed to cause the child to attend as required 9 in this section , the court shall assess a civil penalty of not 10 less than one hundred but not more than one thousand dollars 11 for each violation established. 12 Sec. 7. Section 299.8, Code 2019, is amended to read as 13 follows: 14 299.8 “Truant” defined. 15 Any child of compulsory attendance age who fails to attend 16 school as provided in this chapter , or as required by the 17 school board’s or school governing body’s attendance policy, 18 or who fails to attend competent private instruction or 19 independent private instruction under chapter 299A , without 20 reasonable excuse for the absence, shall be deemed to be a 21 truant. A finding that a child is truant, however, shall not 22 by itself mean that the child is a child in need of assistance 23 within the meaning of chapter 232 and shall not be the sole 24 basis for a child in need of assistance petition. 25 Sec. 8. Section 299.11, subsection 1, Code 2019, is amended 26 to read as follows: 27 1. The truancy officer may take into custody without 28 warrant any apparently truant child and place the child 29 in the charge of the school principal, or the principal’s 30 designee, designated by the board of directors of the school 31 district in which the child resides, or in the charge of any 32 nonpublic school or any authority providing competent private 33 instruction or independent private instruction as defined in 34 section 299A.1 , designated by the parent, guardian, or legal 35 -4- LSB 2083YH (4) 88 kh/jh 4/ 11

H.F. 182 or actual custodian; but if it is other than a public school, 1 the instruction and maintenance of the child shall be without 2 expense to the school district. If a child is taken into 3 custody under this section , the truancy officer shall make 4 every reasonable attempt to immediately notify the parent, 5 guardian, or legal or actual custodian of the child’s location. 6 Sec. 9. Section 299.12, subsection 2, Code 2019, is amended 7 to read as follows: 8 2. This section is not applicable to a child who is 9 receiving competent private instruction or independent private 10 instruction in accordance with the requirements of chapter 11 299A . If a child is not in compliance with the attendance 12 requirements established under section 299.1 , and has not 13 completed educational requirements through the sixth grade, 14 and the school has used every means available to assure the 15 child does attend, the school truancy officer shall contact 16 the child’s parent, guardian, or legal or actual custodian to 17 participate in an attendance cooperation meeting. The parties 18 to the attendance cooperation meeting may include the child 19 and shall include the child’s parent, guardian, or legal or 20 actual custodian and the school truancy officer. The school 21 truancy officer contacting the participants in the attendance 22 cooperation meeting may invite other school officials, a 23 designee of the juvenile court, the county attorney or the 24 county attorney’s designee, or other persons deemed appropriate 25 to participate in the attendance cooperation meeting. 26 Sec. 10. Section 299A.1, Code 2019, is amended to read as 27 follows: 28 299A.1 Competent private Private instruction and independent 29 private instruction . 30 1. The parent, guardian, or legal custodian of a child of 31 compulsory attendance age who places the child under private 32 instruction shall provide, unless otherwise exempted, competent 33 private instruction or independent private instruction in 34 accordance with this chapter . A parent, guardian, or legal 35 -5- LSB 2083YH (4) 88 kh/jh 5/ 11

H.F. 182 custodian of a child of compulsory attendance age who places 1 the child under private instruction which is not competent 2 private instruction or independent private instruction , 3 or otherwise fails to comply with the requirements of this 4 chapter , is subject to the provisions of sections 299.1 through 5 299.4 and the penalties provided in section 299.6 . 6 2. For purposes of this chapter and chapter 299 : 7 a. “Competent private instruction” means private instruction 8 provided on a daily basis for at least one hundred forty-eight 9 days during a school year, to be met by attendance for at 10 least thirty-seven days each school quarter, by or under the 11 supervision of a licensed practitioner in the manner provided 12 under section 299A.2 , or a parent, guardian, or legal custodian 13 under section 299A.3, which results in the student making 14 adequate progress. 15 b. “Independent private instruction” means instruction that 16 meets the following criteria: 17 (1) Is not accredited. 18 (2) Enrolls not more than four unrelated students. 19 (3) Does not charge tuition, fees, or other remuneration for 20 instruction. 21 (4) Provides private or religious-based instruction as its 22 primary purpose. 23 (5) Provides enrolled students with instruction in 24 mathematics, reading and language arts, science, and social 25 studies. 26 (6) Provides, upon written request from the superintendent 27 of the school district in which the independent private 28 instruction is provided, or from the director of the department 29 of education, a report identifying the primary instructor, 30 location, name of the authority responsible for the independent 31 private instruction, and the names of the students enrolled. 32 (7) Is not a nonpublic school and does not provide competent 33 private instruction as defined in this subsection . 34 (8) Is exempt from all state statutes and administrative 35 -6- LSB 2083YH (4) 88 kh/jh 6/ 11

H.F. 182 rules applicable to a school, a school board, or a school 1 district, except as otherwise provided in chapter 299 and this 2 chapter . 3 c. b. “Private instruction” means instruction using a 4 plan and a course of study in a setting other than a public or 5 organized accredited nonpublic school. 6 Sec. 11. Section 299A.3, unnumbered paragraph 1, Code 2019, 7 is amended to read as follows: 8 A parent, guardian, or legal custodian of a child of 9 compulsory attendance age providing competent private 10 instruction to the child may shall meet all of the following 11 requirements: 12 Sec. 12. Section 299A.11, Code 2019, is amended to read as 13 follows: 14 299A.11 Student records confidential. 15 Notwithstanding any provision of law or rule to the 16 contrary, personal information in records regarding a child 17 receiving competent private instruction or independent private 18 instruction pursuant to this chapter , which are maintained, 19 created, collected, or assembled by or for a state agency, 20 shall be kept confidential in the same manner as personal 21 information in student records maintained, created, collected, 22 or assembled by or for a school corporation or educational 23 institution in accordance with section 22.7, subsection 1 . 24 Sec. 13. Section 321.178, subsection 1, paragraph c, Code 25 2019, is amended to read as follows: 26 c. Every public school district in Iowa shall offer 27 or make available to all students residing in the school 28 district, or Iowa students attending a nonpublic school or 29 receiving competent private instruction or independent private 30 instruction as defined in section 299A.1 , in the district, an 31 approved course in driver education. The receiving district 32 shall be the school district responsible for making driver 33 education available to a student participating in open 34 enrollment under section 282.18 . The courses may be offered 35 -7- LSB 2083YH (4) 88 kh/jh 7/ 11

H.F. 182 at sites other than at the public school, including nonpublic 1 school facilities within the public school districts. An 2 approved course offered during the summer months, on Saturdays, 3 after regular school hours during the regular terms or partly 4 in one term or summer vacation period and partly in the 5 succeeding term or summer vacation period, as the case may 6 be, shall satisfy the requirements of this section to the 7 same extent as an approved course offered during the regular 8 school hours of the school term. A student who successfully 9 completes and obtains certification in an approved course in 10 driver education or an approved course in motorcycle education 11 may, upon proof of such fact, be excused from any field test 12 which the student would otherwise be required to take in 13 demonstrating the student’s ability to operate a motor vehicle. 14 A student shall not be excused from any field test if a parent, 15 guardian, or instructor requests that a test be administered. 16 A final field test prior to a student’s completion of an 17 approved course shall be administered by a person qualified 18 as a classroom driver education instructor and certified to 19 provide street and highway driving instruction. A person 20 qualified as a classroom driver education instructor but not 21 certified to provide street and highway driving instruction 22 may administer the final field test if accompanied by another 23 person qualified to provide street and highway driving 24 instruction. 25 Sec. 14. Section 321.180B, subsection 2, paragraph a, Code 26 2019, is amended to read as follows: 27 a. The department may issue an intermediate driver’s 28 license to a person sixteen or seventeen years of age who 29 possesses an instruction permit issued under subsection 1 or 30 a comparable instruction permit issued by another state for a 31 minimum of twelve months immediately preceding application, 32 and who presents an affidavit signed by a parent, guardian, or 33 custodian on a form to be provided by the department that the 34 permittee has accumulated a total of twenty hours of street 35 -8- LSB 2083YH (4) 88 kh/jh 8/ 11

H.F. 182 or highway driving of which two hours were conducted after 1 sunset and before sunrise and the street or highway driving was 2 with the permittee’s parent, guardian, custodian, instructor, 3 a person certified by the department, or a person at least 4 twenty-five years of age who had written permission from a 5 parent, guardian, or custodian to accompany the permittee, and 6 whose driving privileges have not been suspended, revoked, 7 or barred under this chapter or chapter 321J during, and who 8 has been accident and violation free continuously for, the 9 six-month period immediately preceding the application for an 10 intermediate license. An applicant for an intermediate license 11 must meet the requirements of section 321.186 , including 12 satisfactory completion of driver education as required in 13 section 321.178 or 321.178A , and payment of the required 14 license fee before an intermediate license will be issued. A 15 person issued an intermediate license must limit the number of 16 passengers in the motor vehicle when the intermediate licensee 17 is operating the motor vehicle to the number of passenger 18 safety belts. In addition, unless waived by the person’s 19 parent or guardian at the time the intermediate license is 20 issued, for the first six months following issuance of the 21 license, a person issued an intermediate license must limit the 22 number of unrelated minor passengers in the motor vehicle when 23 the intermediate licensee is operating the motor vehicle to 24 one, except when the intermediate licensee is accompanied in 25 accordance with subsection 1 . For purposes of this subsection , 26 “unrelated minor passenger” means a passenger who is under 27 eighteen years of age and who is not a sibling of the driver, a 28 stepsibling of the driver, or a child who resides in the same 29 household as the driver. The department shall prescribe the 30 form for waiver of the six-month restriction on unrelated minor 31 passengers, which may be in an electronic format, and shall 32 designate characteristics for the intermediate license that 33 shall distinguish between an intermediate license that includes 34 the six-month restriction on unrelated minor passengers and 35 -9- LSB 2083YH (4) 88 kh/jh 9/ 11

H.F. 182 an intermediate license that does not include the six-month 1 restriction on unrelated minor passengers. 2 Sec. 15. REPEAL. Section 321.178A, Code 2019, is repealed. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill eliminates changes made relating to private 7 instruction, including independent private instruction and 8 driver education by a teaching parent, made in 2013 Iowa 9 Acts, chapter 121, divisions X, XII, and XIII, and modifies a 10 provision enacted in 2018 authorizing the Iowa learning online 11 initiative to provide distance learning to students receiving 12 private instruction. 13 Currently, the Iowa learning online initiative is authorized 14 to provide distance education to a student receiving 15 independent private instruction, competent private instruction, 16 or private instruction by a nonlicensed person, and is directed 17 to establish fees payable by the individual providing the 18 instruction. The bill modifies the provision to allow the 19 initiative to provide distance learning to students receiving 20 private instruction, with the fees to be established for and 21 paid by the parent, guardian, or legal custodian providing the 22 private instruction. 23 The bill requires that a parent, guardian, or legal 24 custodian of a child of compulsory attendance age placed under 25 competent private instruction by a parent, guardian, or legal 26 custodian submit to the school district of residence a report 27 that states the name and age of the child and the period of 28 time the child has been or will be under competent private 29 instruction and includes an outline of course study and texts 30 used, and the name and address of the instructor, and evidence 31 of immunization. The bill also requires the parent, guardian, 32 or legal custodian to ensure that the child is evaluated 33 annually, and to ensure that the results of the child’s annual 34 evaluation are reported to the school districts. 35 -10- LSB 2083YH (4) 88 kh/jh 10/ 11

H.F. 182 The bill eliminates language that establishes an option for 1 independent private instruction under Code chapter 299A and 2 makes corresponding changes. 3 The bill modifies the definition of “competent private 4 instruction” to include instruction by or under the supervision 5 of a parent, guardian, or legal custodian. 6 The bill also repeals Code section 321.178A, which allows a 7 parent, guardian, or legal custodian who is providing competent 8 private instruction to a student to teach the student driver 9 education provided the parent, guardian, or legal custodian has 10 a valid driver’s license that permits unaccompanied driving and 11 has a clear driving record for the previous two years. 12 -11- LSB 2083YH (4) 88 kh/jh 11/ 11