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
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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
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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
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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,
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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
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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
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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
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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