SF 280 (LSB 2515XS (1) 91)

SENATE FILE 280

BY  GREEN

A BILL FOR

An Act relating to students who attend a course in religious instruction that is provided by a private organization, including by modifying provisions related to compulsory education and chronic absenteeism and allowing school districts, charter schools, and innovation zone schools to adopt policies related to awarding academic credit for the completion of a course in religious instruction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256E.7, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0r.  Be subject to and comply with the requirements of section 279.87 related to the adoption of policies related to awarding students academic credit for the completion of a course in religious instruction in the same manner as a school district.
    Sec. 2.  Section 256F.4, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  r.  Be subject to and comply with the requirements of section 279.87 related to the adoption of policies related to awarding students academic credit for the completion of a course in religious instruction in the same manner as a school district.
    Sec. 3.  NEW SECTION.  279.87  Academic credit for completion of courses in religious instruction.
   1.  The board of directors of a school district may adopt a policy related to awarding students academic credit for the completion of a course in religious instruction that is provided by a private organization pursuant to section 299.1D.
   2.  a.  A policy adopted by the board of directors of a school district pursuant to subsection 1 must prohibit the school district from considering the religious content included in the course in religious instruction, and the denominational affiliation of the course in religious instruction, when determining whether the course in religious instruction meets the education program requirement pertaining to any unit under section 256.11, subsection 5.
   b.  A policy adopted by the board of directors of a school district pursuant to subsection 1 must require the school district to do all of the following when determining whether the course in religious instruction meets the education program requirement pertaining to any unit under section 256.11, subsection 5:
   (1)  Consider the number of hours of classroom instruction time provided to the student under the course in religious instruction, the methods of assessment used in the course in religious instruction, and the qualifications of the instructor who provided instruction under the course in religious instruction.
   (2)  Review the syllabus associated with the course in religious instruction and any materials provided to the student as part of the course in religious instruction.
    Sec. 4.  Section 299.1, subsection 4, paragraph b, Code 2025, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (7)  While attending a course in religious instruction pursuant to section 299.1D.
    Sec. 5.  NEW SECTION.  299.1D  Absences related to courses in religious instruction.
   1.  Section 299.1 shall not apply to a child while the child is attending a course in religious instruction that is provided by a private organization if all of the following requirements are satisfied:
   a.  The child’s parent, guardian, or legal or actual custodian of the child, if the child is not an emancipated minor, or the child, if the child is an emancipated minor, must submit a notification to the public school or accredited nonpublic school informing the school that the child will attend a course in religious instruction during the school day.
   b.  The course in religious instruction must not require the child to be absent from school for more than five hours per week.
   c.  The private organization that provides the course in religious instruction must maintain attendance records and must make the attendance records available to the school district or accredited nonpublic school to verify when the child is attending a course in religious instruction.
   d.  Transportation related to the course in religious instruction must be provided by the private organization, the child’s parent, guardian, or legal or actual custodian, or the child.
   e.  The private organization must make provisions for and assume liability for the child while the child is attending the course in religious instruction.
   f.  The school district or accredited nonpublic school must not expend any moneys related to the course in religious instruction, not including de minimis administrative costs associated with processing notifications received under subsection 1 and tracking the child’s attendance to ensure compliance with this section.
   g.  The course in religious instruction must not be held on school district property unless authorized by the board of directors of the school district pursuant to section 297.9.
   h.  The child must agree to make up any school work that the child does not complete while attending the course in religious instruction.
   2.  A child’s parent, guardian, or legal or actual custodian of the child, if the child is not an emancipated minor, or the child, if the child is an emancipated minor, who alleges that a school district has violated this section may bring a civil action for injunctive relief and actual damages against the school district. If the child’s parent, guardian, or legal or actual custodian, or the child, is the prevailing party in a civil action instituted pursuant to this subsection, the court shall award reasonable court costs and attorney fees to the child’s parent, guardian, or legal or actual custodian, or the child, as applicable.
    Sec. 6.  Section 299.2, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  While attending a course in religious instruction pursuant to section 299.1D.
    Sec. 7.  Section 299.12, subsection 1, paragraph a, Code 2025, is amended to read as follows:
   a.  “Chronically absent” means any absence from school for more than ten percent of the days or hours in the grading period established by a public school; provided, however, that an absence from school that is related to attending a course in religious instruction pursuant to section 299.1D shall not count toward this amount.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to students who attend a course in religious instruction that is provided by a private organization, including by modifying provisions related to compulsory education and chronic absenteeism and allowing school districts, charter schools, and innovation zone schools to adopt policies related to awarding academic credit for the completion of a course in religious instruction.
   Under current law, the parent, guardian, or legal or actual custodian of a child who is of compulsory attendance age is required to cause the child to attend some public school or an accredited nonpublic school, or place the child under competent private instruction or independent private instruction, during a school year. Current law establishes certain exceptions to this general rule. The bill adds to this list of exceptions children who are attending a course in religious instruction that is provided by a private organization and that satisfies certain specified requirements, including requirements related to notification, number of absences, maintenance of attendance records, transportation, assumption of liability, expenditure of moneys, location of instruction, and completion of school work. The bill requires schools to incorporate provisions related to attending courses in religious instruction into policies related to chronic absenteeism. Absences associated with attending a course in religious instruction are not counted toward truancy or enforcement mechanisms associated with chronic absenteeism.
   The bill allows parents, guardians, legal or actual custodians, and children who allege that a school district has violated the bill’s provisions to bring a civil action for injunctive relief and actual damages against the school district. If the child’s parent, guardian, or legal or actual custodian, or the child, is the prevailing party in such a civil action, the court is required to award reasonable court costs and attorney fees to the child’s parent, guardian, or legal or actual custodian, or the child, as applicable.
   The bill allows school districts, charter schools, and innovation zone schools to adopt policies related to awarding students academic credit for the completion of a course in religious instruction that is provided in accordance with the bill’s provisions. The bill establishes prohibitions and requirements related to the school’s practices under the policy, if adopted, including prohibiting the school from considering the religious content included in the course in religious instruction when determining whether the course meets the education program requirement pertaining to any unit under Code section 256.11(5) (high school educational standards), and requiring the school to consider the number of hours of classroom instruction time provided to the student under the course, the methods of assessment used in the course, and the qualifications of the instructor who provided instruction under the course, and to review the syllabus associated with the course, when determining whether the course meets the education program requirement pertaining to any unit under Code section 256.11(5).