S.F. 546 Section 1. Section 256.11, subsection 17, paragraph c, 1 subparagraph (3), Code 2021, is amended to read as follows: 2 (3) An online learning platform offered, subject to the 3 initial availability of federal funds, by the department in 4 collaboration with one or more area education agencies or in 5 partnership with school districts and accredited nonpublic 6 schools. The online learning platform may deliver distance 7 education to students, including students receiving independent 8 private instruction as defined in section 299A.1, subsection 9 2 , paragraph “b” , competent private instruction under section 10 299A.2 , or private instruction by a nonlicensed person under 11 section 299A.3 chapter 299A , provided such students register 12 with the school district of residence and the coursework 13 offered by the online learning platform is taught and 14 supervised by a teacher licensed under chapter 272 who has 15 online learning experience and the course content meets the 16 requirements established by rule pursuant to section 256.7, 17 subsection 32 , paragraph “c” . The department and the area 18 education agencies operating online learning programs pursuant 19 to section 273.16 shall coordinate to ensure the most effective 20 use of resources and delivery of services. Federal funds, if 21 available, may be used to offset what would otherwise be costs 22 to school districts for participation in the program. 23 Sec. 2. Section 273.16, subsection 1, Code 2021, is amended 24 to read as follows: 25 1. Subject to an appropriation of funds by the general 26 assembly for this purpose, the area education agencies 27 may offer, separately or in collaboration with other area 28 education agencies, or in partnership with school districts and 29 accredited nonpublic schools, to provide an online learning 30 program to deliver distance education to Iowa’s secondary 31 students, including students receiving independent private 32 instruction as defined in section 299A.1, subsection 2 , 33 paragraph “b” , competent private instruction under section 34 299A.2 , or private instruction by a nonlicensed person under 35 -1- LSB 2219SV (2) 89 kh/jh 1/ 8

S.F. 546 section 299A.3 chapter 299A . 1 Sec. 3. Section 299A.1, subsection 1, Code 2021, is amended 2 to read as follows: 3 1. The parent, guardian, or legal custodian of a child 4 of compulsory attendance age who places may place the child 5 under private instruction shall provide, unless otherwise 6 exempted, competent private instruction or independent 7 private instruction in accordance with this chapter . A 8 parent, guardian, or legal custodian of a child of compulsory 9 attendance age who places the child under private instruction 10 which that is not competent private instruction or independent 11 private instruction, in compliance with this chapter, or 12 who otherwise fails to comply with the requirements of this 13 chapter , is subject to the provisions of sections 299.1 through 14 299.4 and the penalties provided in section 299.6 . 15 Sec. 4. Section 299A.1, subsection 2, paragraph a, Code 16 2021, is amended to read as follows: 17 a. “Competent private instruction” means private either of 18 the following: 19 (1) Private instruction provided on a daily basis for at 20 least one hundred forty-eight days during a school year, to be 21 met by attendance for at least thirty-seven days each school 22 quarter, by or under the supervision of a licensed practitioner 23 in the manner provided under section 299A.2 , which results in 24 the student making adequate progress. 25 (2) Private instruction provided by a parent, guardian, or 26 legal custodian under section 299A.3. 27 Sec. 5. Section 299A.1, subsection 2, paragraph b, 28 unnumbered paragraph 1, Code 2021, is amended to read as 29 follows: 30 “Independent private instruction” means private instruction 31 that meets the following criteria: 32 Sec. 6. Section 299A.3, Code 2021, is amended to read as 33 follows: 34 299A.3 Private Competent private instruction by nonlicensed 35 -2- LSB 2219SV (2) 89 kh/jh 2/ 8

S.F. 546 person parent, guardian, or legal custodian . 1 A parent, guardian, or legal custodian of a child of 2 compulsory attendance age providing competent private 3 instruction to the child may meet all of the following 4 requirements: 5 1. Complete and send, in a timely manner, the report 6 required under section 299.4 to the school district of 7 residence of the child. 8 2. Ensure that the child under the parent’s, guardian’s, 9 or legal custodian’s instruction is evaluated annually to 10 determine whether the child is making adequate progress, as 11 defined in section 299A.6 . 12 3. Ensure that the results of the child’s annual evaluation 13 are reported to the school district of residence of the child 14 and to the department of education by a date not later than 15 June 30 August 1 of each the year following the school year 16 in which the child is was under competent private instruction 17 pursuant to this section . 18 Sec. 7. Section 299A.4, subsection 1, Code 2021, is amended 19 to read as follows: 20 1. Each child of compulsory attendance age who is 21 receiving competent private instruction shall either be 22 evaluated annually by May 1 31 , using a nationally recognized 23 standardized achievement evaluation or other assessment tool 24 developed or recognized by the department of education and 25 chosen by the child’s parent, guardian, or legal custodian from 26 a list of approved evaluations or assessment tools provided 27 by the department of education or be evaluated annually in 28 the manner provided in subsection 7 . The department shall 29 provide information on the cost of and the administration time 30 required for each of the approved evaluations. The department 31 shall provide, as part of approval procedures for evaluations 32 to be used under this section , a mechanism which permits the 33 introduction and approval of new or alternate methods of 34 educational assessment which meet the requirements of this 35 -3- LSB 2219SV (2) 89 kh/jh 3/ 8

S.F. 546 chapter . 1 Sec. 8. Section 299A.6, Code 2021, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 2A. This section shall not be construed to 4 require or prohibit testing on any subject matter at intervals 5 more frequently or at grade levels other than those set forth 6 in section 256.7, subsection 21, paragraph “b” , subparagraph 7 (2). 8 Sec. 9. Section 321.178, subsection 1, paragraph a, 9 subparagraph (4), Code 2021, is amended to read as follows: 10 (4) Instruction providing an awareness about sharing 11 the road with pedestrians, bicycles , and motorcycles. The 12 instruction course shall be first approved by the state 13 department of transportation. Instructional materials creating 14 an awareness about sharing the road with pedestrians, bicycles , 15 and motorcycles shall also be distributed during the course of 16 instruction. 17 Sec. 10. Section 321.178A, subsection 2, paragraph c, Code 18 2021, is amended to read as follows: 19 c. “Teaching parent” means a parent, guardian, or legal 20 custodian of a student who is currently providing competent 21 private instruction to the student pursuant to section 299A.2 22 or 299A.3 chapter 299A and who provided such instruction to 23 the student during the previous year; who has a valid driver’s 24 license, other than a motorized bicycle license or a temporary 25 restricted license, that permits unaccompanied driving; and 26 who has maintained a clear driving record for the previous two 27 years. For purposes of this paragraph, “clear driving record” 28 means the individual has not been identified as a candidate 29 for suspension or revocation of a driver’s license under the 30 habitual violator or habitual offender provisions of the 31 department’s regulations; is not subject to a driver’s license 32 suspension, revocation, denial, cancellation, disqualification, 33 or bar; and has no record of a conviction for a moving traffic 34 violation determined to be the cause of a motor vehicle 35 -4- LSB 2219SV (2) 89 kh/jh 4/ 8

S.F. 546 accident. 1 Sec. 11. Section 321.178A, subsection 3, paragraph a, 2 subparagraphs (1), (2), (3), (4), (5), and (6), Code 2021, are 3 amended to read as follows: 4 (1) Thirty clock hours of classroom instruction. 5 (2) Forty Thirty hours of street or highway driving 6 including four three hours of driving after sunset and before 7 sunrise while accompanied by the a teaching parent or a 8 person who is qualified to provide street or highway driving 9 instruction pursuant to section 321.178 . 10 (3) (2) Four hours of classroom instruction Instruction 11 concerning substance abuse. 12 (4) (3) A minimum of twenty minutes of instruction 13 Instruction concerning railroad crossing safety. 14 (5) (4) Instruction relating to becoming an organ donor 15 under the revised uniform anatomical gift Act as provided in 16 chapter 142C . 17 (6) (5) Instruction providing an awareness about sharing 18 the road with pedestrians, bicycles , and motorcycles. 19 Sec. 12. Section 321.178A, subsection 3, paragraph b, Code 20 2021, is amended to read as follows: 21 b. The content of the course of instruction required under 22 this subsection shall be equivalent to that required under 23 section 321.178 . However, reference and study materials, 24 physical classroom requirements, actual classroom hours and 25 minutes, and extra vehicle safety equipment required for 26 instruction under section 321.178 shall not be required for the 27 course of instruction provided under this section . 28 Sec. 13. Section 321.178A, subsection 4, paragraphs b, e, 29 and g, Code 2021, are amended to read as follows: 30 b. Documentation that the student is receiving competent 31 private instruction under section 299A.2 or the name of 32 the school district within which the student is receiving 33 instruction under section 299A.3 chapter 299A . 34 e. Copies of written tests completed by the student or 35 -5- LSB 2219SV (2) 89 kh/jh 5/ 8

S.F. 546 lesser documentation as may be required by the department . 1 g. A log of completed street or highway driving instruction 2 including the dates when the lessons were conducted, the 3 student’s and the teaching parent’s name and initials noted 4 next to each entry, notes on driving activities including a 5 list of driving deficiencies and improvements, and the duration 6 of the driving time for each session. 7 Sec. 14. Section 321.178A, subsection 5, Code 2021, is 8 amended to read as follows: 9 5. Intermediate license. Any student who successfully 10 completes an approved course as provided in this section , 11 passes a driving test to be administered by the department, 12 and is otherwise qualified under section 321.180B, subsection 13 2 , shall be eligible for an intermediate license pursuant to 14 section 321.180B . Twenty of the forty thirty hours of street 15 or highway driving instruction required under subsection 3 , 16 paragraph “a” , subparagraph (2) (1) , may be used to satisfy the 17 requirement of section 321.180B, subsection 2 . 18 Sec. 15. Section 321.178A, Code 2021, is amended by adding 19 the following new subsection: 20 NEW SUBSECTION . 7. Applicability. This section shall not 21 be construed to require a teaching parent to apply for or seek 22 approval of the department separate from the course completion 23 and certification requirements of subsection 4. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to private instruction by parents, 28 guardians, and legal custodians and to driver education 29 provided by a teaching parent. 30 Currently, statute provides that a parent, guardian, 31 or legal custodian may place a child in competent private 32 instruction under a licensed practitioner; in independent 33 private instruction provided by an individual to not more 34 than four unrelated students; or private instruction by a 35 -6- LSB 2219SV (2) 89 kh/jh 6/ 8

S.F. 546 nonlicensed parent, guardian, or legal custodian. 1 “Competent private instruction” is defined in statute to 2 mean private instruction provided on a daily basis for at least 3 148 days during a school year, to be met by attendance for at 4 least 37 days each school quarter, by or under the supervision 5 of a licensed practitioner, which results in the student making 6 adequate progress. 7 Under the bill, private instruction by a parent, guardian, 8 or legal custodian is competent private instruction, 9 but remains exempt from certain reporting and assessment 10 requirements. 11 Currently, a parent, guardian, or legal custodian who 12 places a child in private instruction by a nonlicensed person 13 may ensure that the results of the child’s annual evaluation 14 are reported to the school district of residence and to the 15 department of education by June 30, which the bill extends to 16 August 1 of the year following the school year in which the 17 child was under private instruction. 18 Currently, each child of compulsory attendance age who is 19 receiving competent private instruction shall be evaluated 20 annually by May 1, which the bill extends to May 31. 21 The bill modifies the Code section establishing requirements 22 and responsibilities when a child fails to make adequate 23 progress by providing that the Code section shall not be 24 construed to require or prohibit testing on any subject matter 25 at intervals more frequently or at grade levels other than 26 those set forth in Code section 256.7(21)(b)(2), which requires 27 annual assessments in mathematics and English language arts for 28 students enrolled in grades 3 through 11, and in science for 29 students enrolled in grades 5, 8, and 10. 30 Currently, “teaching parent” means a parent, guardian, 31 or legal custodian of a student who is currently providing 32 competent private instruction to the student, which the bill 33 amends to include the parent, guardian, or legal custodian of a 34 student receiving private instruction under Code chapter 299A. 35 -7- LSB 2219SV (2) 89 kh/jh 7/ 8

S.F. 546 Currently, an approved course administered by a teaching 1 parent must consist of 30 hours of classroom time, which the 2 bill eliminates; and 40 hours of street or highway driving, 3 which the bill reduces to 30 hours, and must include 4 hours 4 of driving after sunset and before sunrise, which the bill 5 reduces to 3 hours. The bill also eliminates the number of 6 instructional hours currently required concerning substance 7 abuse and railroad crossing safety, adds that regular driver 8 education instruction and instruction by a teaching parent must 9 include sharing the road with pedestrians, and provides that 10 actual classroom hours and minutes required for an approved 11 driver education course shall not be required for driver 12 education provided by a teaching parent. 13 Currently, the teaching parent must provide evidence 14 showing the student’s completion of the requirements for an 15 intermediate license. The evidence includes documentation 16 that the student is receiving competent private instruction, 17 which under the bill includes documentation that the student 18 is receiving private instruction under Code chapter 299A, or 19 the name of the school district within which the student is 20 receiving instruction. Under the bill, the option to provide 21 the name of the school district is stricken. Evidence also 22 includes copies of written tests completed by the student, 23 and the bill adds that in place of these copies, the DOT 24 may require lesser documentation. The bill also strikes a 25 requirement that the student’s and teaching parent’s name and 26 initials be noted next to each entry on a log of completed 27 street or highway driving instruction. 28 The bill also provides that Code section 321.178A shall not 29 be construed to require a teaching parent to apply for or seek 30 approval of the DOT separate from the course completion and 31 certification established in the Code section. 32 The bill makes conforming changes. 33 -8- LSB 2219SV (2) 89 kh/jh 8/ 8