House File 2366 - Introduced HOUSE FILE 2366 BY GUSTOFF and FETT A BILL FOR An Act relating to education, including by modifying provisions 1 related to private instruction and dual enrollment, and 2 including effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6189YH (2) 91 jda/jh
H.F. 2366 Section 1. Section 299.4, subsection 1, Code 2026, 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 2026, 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 6189YH (2) 91 jda/jh 1/ 6
H.F. 2366 (5) (3) Provides enrolled students in all grade levels with 1 instruction in mathematics, reading and language arts, science, 2 and social studies. 3 (6) (4) Provides, upon written request from the 4 superintendent of the school district in which the independent 5 private instruction is provided, or from the director of the 6 department of education, a report identifying the primary 7 instructor, location, name of the authority responsible for the 8 independent private instruction, and the names of the students 9 enrolled receiving the instruction, who need not be related to 10 the primary instructor . 11 (7) (5) Is not a nonpublic school and does not provide 12 competent private instruction as defined in this subsection . 13 (8) (6) Is exempt from all state statutes and 14 administrative rules applicable to a school, a school board, or 15 a school district, except as otherwise provided in chapter 299 16 and this chapter . 17 Sec. 3. Section 299A.8, subsection 1, Code 2026, is amended 18 to read as follows: 19 1. If a parent, guardian, or legal custodian of a school-age 20 child who is receiving competent private instruction under this 21 chapter submits a request, the child shall also be registered 22 in a public school for dual enrollment purposes. If the child 23 is enrolled in a public school district for dual enrollment 24 purposes, the child shall be permitted to participate in any 25 academic activities in the district and shall also be permitted 26 to participate on the same basis as public school children in 27 any extracurricular activities available to children in the 28 child’s grade or group. Dual enrollment of a child solely 29 for purposes of accessing the annual achievement evaluation 30 shall not constitute a dual enrollment purpose. A child who is 31 enrolled in a public school for dual enrollment purposes may 32 receive any amount of instruction by way of the public school’s 33 academic programs, including offerings pursuant to chapter 34 261E. 35 -2- LSB 6189YH (2) 91 jda/jh 2/ 6
H.F. 2366 Sec. 4. Section 299A.10, Code 2026, is amended to read as 1 follows: 2 299A.10 Rulemaking. 3 The department of education shall develop and recommend and 4 the state board shall adopt rules to implement this chapter ; 5 provided, however, that the department of education shall not 6 develop or recommend, and the state board shall not adopt, any 7 rule pertaining to independent private instruction . 8 Sec. 5. NEW SECTION . 299A.13 Diplomas and credentials. 9 1. A diploma or credential issued by a person who 10 administers a program of secondary education under competent 11 private instruction or independent private instruction pursuant 12 to this chapter shall be deemed sufficient to demonstrate for 13 all purposes that the recipient has completed the program of 14 secondary education and has attained the equivalent of a high 15 school diploma. 16 2. The state, a political subdivision of the state, a 17 community college, an institution of higher education under 18 the control of the state board of regents, or an accredited 19 private institution as defined in section 256.183, shall not 20 discriminate against any individual based on the source of the 21 individual’s diploma or credential and shall treat a diploma 22 or credential awarded for completion of a program of secondary 23 education under competent private instruction or independent 24 private instruction the same as a high school diploma awarded 25 by a school district or accredited nonpublic school. 26 Sec. 6. NEW SECTION . 299A.14 Verification of enrollment. 27 The parent, guardian, or legal custodian of a child of 28 compulsory attendance age shall have the authority to execute 29 any document required by law to verify any of the following: 30 1. The placement of a child under competent private 31 instruction or independent private instruction. 32 2. The child’s full-time or part-time status in competent 33 private instruction or independent private instruction. 34 3. The grades the child has obtained in competent private 35 -3- LSB 6189YH (2) 91 jda/jh 3/ 6
H.F. 2366 instruction or independent private instruction. 1 4. Any other required educational information. 2 Sec. 7. EFFECTIVE DATE. The following, being deemed of 3 immediate importance, take effect upon enactment: 4 1. The section of this Act enacting section 299A.13. 5 2. The section of this Act enacting section 299A.14. 6 Sec. 8. APPLICABILITY. The following applies to any 7 diplomas or credentials issued before, on, or after the 8 effective date of this Act: 9 The section of this Act enacting section 299A.13. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to education, including by modifying 14 provisions related to private instruction and dual enrollment. 15 Current law authorizes the parent, guardian, or legal 16 custodian of a child of compulsory attendance age to place 17 the child under competent private instruction or independent 18 private instruction. Current law requires a child’s parent, 19 guardian, or legal custodian who is placing the child under 20 competent private instruction for the first time to provide 21 the child’s school district of residence with evidence that 22 the child has had the immunizations required under Code 23 section 139A.8 (immunization of children), and, if the child 24 is elementary school age, a blood lead test. The bill strikes 25 this requirement. 26 Current law requires a child’s parent, guardian, or legal 27 custodian who places the child under competent private 28 instruction to furnish a report to the school district of 29 residence by September 1 of the school year in which the child 30 will be under competent private instruction that includes an 31 outline of course of study, among other requirements. An 32 outline of course of study must include subjects covered, 33 lesson plans, and time spent on the areas of study. The 34 bill requires this report to state the name and age of the 35 -4- LSB 6189YH (2) 91 jda/jh 4/ 6
H.F. 2366 child, the period of time during which the child will be under 1 competent private instruction for the year, an outline of the 2 course of study or texts that will be used, and the name and 3 address of the instructor. The bill strikes the definition of 4 “outline of course of study”. 5 Current law provides that independent private instruction 6 is private instruction that, among other criteria, enrolls not 7 more than four unrelated students and does not charge tuition 8 or fees for instruction. The bill strikes these provisions. 9 The bill provides that independent private instruction 10 is required to provide students in all grade levels with 11 instruction in mathematics, reading and language arts, science, 12 and social studies. The bill also provides that the students 13 receiving independent private instruction need not be related 14 to the primary instructor. 15 Pursuant to administrative rule adopted by the department of 16 education, a child under dual enrollment must receive at least 17 one-quarter of the child’s instruction by way of competent 18 private instruction and no more than three-quarters by way 19 of a school district’s academic programs. The bill renders 20 the department’s administrative rule void by providing that a 21 child who is enrolled in a school district for dual enrollment 22 purposes may receive any amount of instruction by way of the 23 school district’s academic programs, including offerings 24 pursuant to Code chapter 261E (senior year plus program). 25 Current law requires the department of education to 26 develop and recommend, and requires the state board of 27 education to adopt, rules to implement Code chapter 299A 28 (private instruction). The bill prohibits the department from 29 developing or recommending, and prohibits the state board 30 from adopting, any rule pertaining to independent private 31 instruction. 32 The bill provides that a diploma or credential issued by 33 a person who administers a program of secondary education 34 under competent private instruction or independent private 35 -5- LSB 6189YH (2) 91 jda/jh 5/ 6
H.F. 2366 instruction pursuant to Code chapter 299A shall be deemed 1 sufficient to demonstrate that the recipient has completed the 2 program of secondary education and has attained the equivalent 3 of a high school diploma. This provision takes effect upon 4 enactment and applies to any diplomas or credentials issued 5 before, on, or after the new Code section’s effective date. 6 The bill prohibits the state, a political subdivision of the 7 state, a community college, institutions of higher education 8 under the control of the state board of regents, or an 9 accredited private institution from discriminating against any 10 individual based on the source of the individual’s diploma or 11 credential and shall treat a diploma or credential awarded for 12 completion of a program of secondary education under competent 13 private instruction or independent private instruction the 14 same as a high school diploma awarded by a school district or 15 accredited nonpublic school. This provision takes effect upon 16 enactment and applies to any diplomas or credentials issued 17 before, on, or after the new Code section’s effective date. 18 The bill provides that the parent, guardian, or legal 19 custodian of a child of compulsory attendance age shall 20 have the authority to execute any document required by law 21 to verify the placement of a child under competent private 22 instruction or independent private instruction, the child’s 23 full-time or part-time status in competent private instruction 24 or independent private instruction, the grades the child has 25 obtained in competent private instruction or independent 26 private instruction, or any other required educational 27 information. 28 -6- LSB 6189YH (2) 91 jda/jh 6/ 6