House File 552 - Introduced HOUSE FILE 552 BY JONES A BILL FOR An Act relating to compulsory education by modifying provisions 1 related to chronic absenteeism and school engagement 2 meetings, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1578YH (9) 91 jda/jh
H.F. 552 Section 1. Section 299.1, subsection 4, paragraph a, Code 1 2025, is amended to read as follows: 2 a. The board of directors of a public school district 3 shall adopt a policy or rules relating to children students 4 who are chronically absent. The policy or rules must contain 5 provisions that clearly explain all of the following: 6 (1) How the board of directors determines whether a child 7 student is chronically absent. 8 (2) The different interventions that the board of directors 9 may use when a child student is chronically absent. 10 (3) The different penalties associated with a child student 11 being chronically absent. 12 Sec. 2. Section 299.1, subsection 4, paragraph b, 13 unnumbered paragraph 1, Code 2025, is amended to read as 14 follows: 15 The policy or rules adopted by the board of directors of a 16 public school district pursuant to paragraph “a” must not apply 17 to any child student : 18 Sec. 3. Section 299.1, subsection 4, paragraph b, 19 subparagraph (5), Code 2025, is amended to read as follows: 20 (5) Who has an individualized education program that 21 affects the child’s student’s attendance. 22 Sec. 4. Section 299.6, Code 2025, is amended to read as 23 follows: 24 299.6 Violations —— community service or fine or 25 imprisonment. 26 1. Any A person who violates commits a public offense if the 27 person does any of the following: 28 a. Violates the terms of an absenteeism prevention 29 plan entered into under section 299.12 , who is referred 30 for prosecution under section 299.12 and is convicted of a 31 violation of any of the provisions of sections 299.1 through 32 299.5 , who violates any of the provisions of sections 299.1 33 through 299.5 , or who refuses . 34 b. Refuses to participate in a school engagement meeting 35 -1- LSB 1578YH (9) 91 jda/jh 1/ 8
H.F. 552 under section 299.12 , commits a public offense . 1 c. The person is a parent, guardian, or legal or actual 2 custodian of a child who is of compulsory attendance age, the 3 parent, guardian, or legal or actual custodian has failed to 4 cause the child to attend a public school or an accredited 5 nonpublic school, or to place the child under competent private 6 instruction or independent private instruction in the manner 7 provided in this chapter, and the child is truant. 8 2. a. A first offense is a simple misdemeanor and a 9 conviction is punishable by imprisonment not exceeding ten days 10 or a fine not exceeding one hundred dollars. The court may 11 order the person to perform not more than forty hours of unpaid 12 community service instead of any fine or imprisonment. 13 b. A second offense is a serious misdemeanor and a 14 conviction is punishable by imprisonment not exceeding twenty 15 days or a fine not exceeding five hundred dollars, or both 16 a fine and imprisonment. The court may order the person 17 to perform unpaid community service instead of any fine or 18 imprisonment. 19 c. A third or subsequent offense is a serious misdemeanor 20 and a conviction is punishable by imprisonment not exceeding 21 thirty days or a fine not exceeding one thousand dollars, or 22 both a fine and imprisonment. The court may order the person 23 to perform unpaid community service instead of any fine or 24 imprisonment. 25 2. 3. If community service is imposed as part of a 26 sentencing order, the court may require that part or all of 27 the service be performed for a public school district or 28 nonpublic school if the court finds that service in the school 29 is appropriate under the circumstances. 30 3. 4. If a parent, guardian, or legal or actual custodian 31 of a child who is truant, has made reasonable efforts to 32 comply with the provisions of sections 299.1 through 299.5 , 33 but is unable to cause the child to attend school, the parent, 34 guardian, or legal or actual custodian may file an affidavit 35 -2- LSB 1578YH (9) 91 jda/jh 2/ 8
H.F. 552 listing the reasonable efforts made by the parent, guardian, or 1 legal or actual custodian to cause the child’s attendance and 2 the parent, guardian, or legal or actual custodian shall not be 3 criminally liable for the child’s nonattendance. 4 Sec. 5. Section 299.12, subsection 1, Code 2025, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . 0a. “Absent” means when a student is not 7 present at school unless the student is not present at school 8 due to an exception described in section 299.1, subsection 4, 9 paragraph “b” , or section 299.2, that applies to the student. 10 Sec. 6. Section 299.12, subsection 2, paragraph a, Code 11 2025, is amended to read as follows: 12 a. When a child student becomes chronically absent, a school 13 official shall send a notice by ordinary mail or electronic 14 mail that includes information related to the student’s 15 absences from school and the policies and disciplinary 16 processes associated with additional absences to the all of the 17 following individuals: 18 (1) The county attorney of the county in which the public 19 school’s central administrative office is located , and a notice 20 by certified mail to the child’s . 21 (2) The student’s parent, guardian, or legal or actual 22 custodian of the child student , if the child student is not an 23 emancipated minor , or to the child . 24 (3) The student , if the child student is an emancipated 25 minor , that includes information related to the child’s 26 absences from school and the policies and disciplinary 27 processes associated with additional absences . 28 Sec. 7. Section 299.12, subsection 2, paragraph b, 29 unnumbered paragraph 1, Code 2025, is amended to read as 30 follows: 31 A school official may send the notice described in paragraph 32 “a” prior to a child at risk of student becoming chronically 33 absent if all of the following requirements are satisfied: 34 Sec. 8. Section 299.12, subsection 3, paragraph a, 35 -3- LSB 1578YH (9) 91 jda/jh 3/ 8
H.F. 552 subparagraphs (1) and (2), Code 2025, are amended to read as 1 follows: 2 (1) If a child student is absent from school for greater 3 than or equal to fifteen percent of the days or hours in the 4 grading period, a school official shall attempt to find the 5 cause for the child’s student’s absences and shall initiate 6 and participate in a school engagement meeting. The purpose 7 of the school engagement meeting is to identify the child’s 8 student’s barriers to attendance and the interventions that 9 may be used to improve the child’s student’s attendance. The 10 school official shall send a notice by certified mail to the 11 student’s parent, guardian, or legal or actual custodian of the 12 student, if the student is not an emancipated minor, or to the 13 student, if the student is an emancipated minor, regarding the 14 school engagement meeting that includes information related 15 to the policies and disciplinary processes associated with 16 additional absences and failing to participate in the school 17 engagement meeting. 18 (2) A school official may initiate and participate in a 19 school engagement meeting as provided in subparagraph (1) prior 20 to a child student being absent from school for greater than 21 or equal to fifteen percent of the days or hours in a school 22 calendar. 23 Sec. 9. Section 299.12, subsection 3, paragraph b, 24 subparagraphs (1) and (2), Code 2025, are amended to read as 25 follows: 26 (1) The child student . 27 (2) The child’s student’s parent, guardian, or legal or 28 actual custodian, if the child student is not an emancipated 29 minor. 30 Sec. 10. Section 299.12, subsection 3, paragraph c, 31 subparagraph (1), Code 2025, is amended to read as follows: 32 (1) During the school engagement meeting, the participants 33 shall create and sign an agreement that shall be known as 34 an absenteeism prevention plan. Each participant signing 35 -4- LSB 1578YH (9) 91 jda/jh 4/ 8
H.F. 552 the absenteeism prevention plan shall receive a copy of 1 the plan. The absenteeism prevention plan shall identify 2 the causes of the child’s student’s absences and the future 3 responsibilities of each participant related to the child’s 4 student’s attendance. 5 Sec. 11. Section 299.12, subsection 3, paragraphs e and f, 6 Code 2025, are amended to read as follows: 7 e. If the participants in the school engagement meeting fail 8 to enter into an absenteeism prevention plan, or if the child 9 student or the child’s student’s parent, guardian, or legal or 10 actual custodian violates a term of the absenteeism prevention 11 plan or fails to participate in the school engagement meeting, 12 the county attorney may initiate a proceeding under section 13 299.6 . 14 f. This subsection is not applicable to a child student 15 who is receiving competent private instruction or independent 16 private instruction in accordance with the requirements of 17 chapter 299A . 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to compulsory education by modifying 22 provisions related to chronic absenteeism and school engagement 23 meetings. 24 Current law requires the boards of directors of school 25 districts to adopt a policy or rules relating to children who 26 are chronically absent. The bill modifies this provision to 27 provide that the policy or rules relate to students who are 28 chronically absent. Current law establishes that the policy or 29 rules adopted by the boards of directors of school districts 30 must not apply to certain specified children. The bill 31 modifies this provision to provide that the policy or rules 32 must not apply to certain specified students. 33 Current Code section 299.6 provides that any person who 34 violates the compulsory attendance laws commits a public 35 -5- LSB 1578YH (9) 91 jda/jh 5/ 8
H.F. 552 offense. The bill modifies this provision to provide that a 1 person commits a public offense if the person is a parent, 2 guardian, or legal or actual custodian of a child who is of 3 compulsory attendance age, the parent, guardian, or legal or 4 actual custodian has failed to cause the child to attend a 5 public school or an accredited nonpublic school, or to place 6 the child under competent private instruction or independent 7 private instruction in the manner provided in Code chapter 299 8 (compulsory education), and the child is truant. Under Code 9 section 299.6, a first offense is a simple misdemeanor and a 10 conviction is punishable by imprisonment not exceeding 10 days 11 or a fine not exceeding $100. Additionally, the court may 12 order the person to perform not more than 40 hours of unpaid 13 community service instead of any fine or imprisonment. A 14 second offense is a serious misdemeanor and a conviction is 15 punishable by imprisonment not exceeding 20 days or a fine not 16 exceeding $500, or both a fine and imprisonment. The court may 17 order the person to perform unpaid community service instead 18 of any fine or imprisonment. A third or subsequent offense 19 is a serious misdemeanor and a conviction is punishable by 20 imprisonment not exceeding 30 days or a fine not exceeding 21 $1,000, or both a fine and imprisonment. The court may order 22 the person to perform unpaid community service instead of any 23 fine or imprisonment. Current law provides that any person 24 who is referred for prosecution under Code section 299.12 25 (failure to attend) and is convicted of a violation of any of 26 the provisions of Code sections 299.1 through 299.5 commits a 27 public offense. The bill strikes this provision. 28 Current Code section 299.12 provides that when a child 29 becomes “chronically absent”, a school official is required 30 to send notices to certain interested parties, including the 31 county attorney and either the child’s parent, guardian, legal 32 or actual custodian, or the child, and if the child accumulates 33 additional absences, initiate and participate in a school 34 engagement meeting. The bill provides that, for purposes of 35 -6- LSB 1578YH (9) 91 jda/jh 6/ 8
H.F. 552 Code section 299.12, a student can be considered “chronically 1 absent” regardless of whether the student is of compulsory 2 attendance age. The bill makes conforming changes. 3 Current law provides that when a child becomes “chronically 4 absent” under Code section 299.12 (failure to attend), a school 5 official is required to send a notice by certified mail to the 6 child’s parent, guardian, or legal or actual custodian of the 7 child, if the child is not an emancipated minor, or to the 8 child, if the child is an emancipated minor, that includes 9 information related to the child’s absences from school and the 10 policies and disciplinary processes associated with additional 11 absences. The bill modifies this provision to provide that the 12 notice is required to be sent by ordinary mail or electronic 13 mail. 14 Current law provides that if a child is absent from school 15 for greater than or equal to 15 percent of the days or hours 16 in the grading period, a school official shall attempt to find 17 the cause for the child’s absences and shall initiate and 18 participate in a school engagement meeting. The bill requires 19 the school official to send a notice by certified mail to the 20 student’s parent, guardian, or legal or actual custodian of the 21 student, if the student is not an emancipated minor, or to the 22 student, if the student is an emancipated minor, regarding the 23 school engagement meeting that includes information related 24 to the policies and disciplinary processes associated with 25 additional absences and failing to participate in the school 26 engagement meeting. 27 For purposes of determining whether a student is “absent” 28 under Code section 299.12, the bill provides that a student’s 29 absence that is related to either the exceptions described in 30 the school district’s policy or rules relating to children 31 who are chronically absent, or to the exceptions set out 32 in Code section 299.2, shall not be considered an absence. 33 Those exceptions apply to any child: who has completed the 34 requirements for graduation in a public school district or has 35 -7- LSB 1578YH (9) 91 jda/jh 7/ 8
H.F. 552 obtained a high school equivalency diploma, who is excused for 1 sufficient reason by any court of record or judge, while the 2 child is attending religious services or receiving religious 3 instructions, who is unable to attend school due to legitimate 4 medical reasons, who has an individualized education program 5 that affects the child’s attendance, who has a plan under 6 section 504 of the federal Rehabilitation Act that affects the 7 child’s attendance, who is attending an accredited private 8 college preparatory school, who has been excused under Code 9 section 299.22 (deaf or hard of hearing and blind children), 10 or who is exempted under Code section 299.24 (religious groups 11 exempted from school standards). 12 -8- LSB 1578YH (9) 91 jda/jh 8/ 8