House File 283 - Introduced HOUSE FILE 283 BY GUSTOFF A BILL FOR An Act relating to private instruction, including modifying 1 provisions related to independent private instruction and 2 the reports and evidence of immunizations required under 3 competent private instruction. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1939YH (2) 90 jda/jh

H.F. 283 Section 1. Section 299.4, subsection 1, Code 2023, is 1 amended to read as follows: 2 1. The parent, guardian, or legal custodian of a child 3 who is of compulsory attendance age, who places the child 4 under competent private instruction under section 299A.2 , not 5 in an accredited school or a home school assistance program 6 operated by a school district or accredited nonpublic school, 7 shall furnish a report in duplicate on forms provided by the 8 public school district, to the district by September 1 of the 9 school year in which the child will be under competent private 10 instruction. The secretary shall retain and file one copy 11 and forward the other copy to the district’s area education 12 agency. The report shall state the name and age of the child, 13 the period of time during which the child has been or will be 14 under competent private instruction for the year, an outline 15 of the course of study , or texts that will be used, and the 16 name and address of the instructor. The parent, guardian, or 17 legal custodian of a child, who is placing the child under 18 competent private instruction for the first time, shall also 19 provide the district with evidence that the child has had the 20 immunizations required under section 139A.8 , and, if the child 21 is elementary school age, a blood lead test in accordance with 22 section 135.105D . The term “outline of course of study” shall 23 include subjects covered, lesson plans, and time spent on the 24 areas of study. 25 Sec. 2. Section 299A.1, subsection 2, paragraph b, Code 26 2023, is amended to read as follows: 27 b. “Independent private instruction” means private 28 instruction that meets the following criteria: 29 (1) Is not accredited. 30 (2) Enrolls not more than four unrelated students. 31 (3) Does not charge tuition, fees, or other remuneration for 32 instruction. 33 (4) (2) Provides private or religious-based instruction as 34 its primary purpose. 35 -1- LSB 1939YH (2) 90 jda/jh 1/ 3

H.F. 283 (5) (3) Provides enrolled students with instruction 1 in mathematics, reading and language arts, science, and 2 social studies that is consistent with and appropriate to the 3 student’s age, grade level, or achievement level . 4 (6) (4) Provides, upon written request from the 5 superintendent of the school district in which the independent 6 private instruction is provided, or from the director of the 7 department of education, a report identifying the primary 8 instructor, location, name of the authority responsible for the 9 independent private instruction, and the names of the students 10 enrolled receiving the instruction, who need not be related to 11 the primary instructor . 12 (7) (5) Is not a an accredited nonpublic school and does 13 not provide competent private instruction as defined in this 14 subsection . 15 (8) (6) Is exempt from all state statutes and 16 administrative rules applicable to a school, a school board, or 17 a school district, except as otherwise provided in chapter 299 18 and this chapter . 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to private instruction, including 23 modifying provisions related to independent private instruction 24 and the reports and evidence of immunization required under 25 competent private instruction. 26 Current law authorizes the parent, guardian, or legal 27 custodian of a child of compulsory attendance age to place 28 the child under competent private instruction or independent 29 private instruction. Current law requires a child’s parent, 30 guardian, or legal custodian who is placing the child under 31 competent private instruction for the first time to provide 32 the child’s school district of residence with evidence that 33 the child has had the immunizations required under Code 34 section 139A.8 (immunization of children), and, if the child 35 -2- LSB 1939YH (2) 90 jda/jh 2/ 3

H.F. 283 is elementary school age, a blood lead test. The bill strikes 1 this requirement. 2 Current law requires a child’s parent, guardian, or legal 3 custodian who places the child under competent private 4 instruction to furnish a report to the school district of 5 residence by September 1 of the school year in which the child 6 will be under competent private instruction that includes an 7 outline of course of study, among other requirements. An 8 outline of course of study must include subjects covered, 9 lesson plans, and time spent on the areas of study. The 10 bill requires this report to state the name and age of the 11 child, the period of time during which the child will be under 12 competent private instruction for the year, an outline of the 13 course of study or texts that will be used, and the name and 14 address of the instructor. The bill strikes the definition of 15 “outline of course of study”. 16 Current law provides that independent private instruction 17 is private instruction that, among other criteria, enrolls not 18 more than four unrelated students and does not charge tuition 19 or fees for instruction. The bill strikes these provisions. 20 The bill provides that independent private instruction 21 is required to provide students with instruction that is 22 consistent with and appropriate to the student’s age, grade 23 level, or achievement level. The bill also provides that the 24 students receiving independent private instruction need not be 25 related to the primary instructor. 26 Under current law, independent private instruction is 27 defined to not be a nonpublic school. The bill establishes 28 that independent private instruction is not an accredited 29 nonpublic school. 30 -3- LSB 1939YH (2) 90 jda/jh 3/ 3