House File 870 - Reprinted HOUSE FILE 870 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 218) (As Amended and Passed by the House March 18, 2025 ) A BILL FOR An Act relating to students who attend a course in religious 1 instruction that is provided by a private organization, 2 including by modifying provisions related to compulsory 3 education and chronic absenteeism. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 870 (2) 91 jda/jh/md

H.F. 870 Section 1. Section 299.1, subsection 4, paragraph b, Code 1 2025, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (7) While attending a course in religious 3 instruction pursuant to section 299.1D. 4 Sec. 2. NEW SECTION . 299.1D Absences related to courses in 5 religious instruction. 6 1. Section 299.1 shall not apply to a child while the child 7 is attending a course in religious instruction that is provided 8 by a private organization if all of the following requirements 9 are satisfied: 10 a. The child’s parent, guardian, or legal or actual 11 custodian of the child, if the child is not an emancipated 12 minor, or the child, if the child is an emancipated minor, 13 must submit a notification to the public school or accredited 14 nonpublic school informing the school that the child will 15 attend a course in religious instruction during the school day. 16 b. The course in religious instruction must not require the 17 child to be absent from school for more than five hours per 18 week. 19 c. The private organization that provides the course in 20 religious instruction must maintain attendance records and must 21 make the attendance records available to the school district 22 or accredited nonpublic school to verify when the child is 23 attending a course in religious instruction. 24 d. Transportation related to the course in religious 25 instruction must be provided by the private organization, the 26 child’s parent, guardian, or legal or actual custodian, or the 27 child. 28 e. The private organization must make provisions for and 29 assume liability for the child while the child is attending the 30 course in religious instruction. 31 f. The school district or accredited nonpublic school 32 must not expend any moneys related to the course in religious 33 instruction, not including de minimis administrative costs 34 associated with processing notifications received under 35 -1- HF 870 (2) 91 jda/jh/md 1/ 3

H.F. 870 subsection 1 and tracking the child’s attendance to ensure 1 compliance with this section. 2 g. The course in religious instruction must not be held 3 on school district property unless authorized by the board of 4 directors of the school district pursuant to section 297.9. 5 h. The child must agree to make up any school work that the 6 child does not complete while attending the course in religious 7 instruction. 8 2. Each school district and each accredited nonpublic 9 school shall, upon the request of a child’s parent, guardian, 10 or legal or actual custodian, if the child is not an 11 emancipated minor, or the child, if the child is an emancipated 12 minor, excuse the child from attendance for at least one hour 13 per week, but for not more than five hours per week, so that the 14 child can attend a course in religious instruction if all of 15 the requirements under subsection 1 are satisfied. 16 3. A child’s parent, guardian, or legal or actual custodian 17 of the child, if the child is not an emancipated minor, or the 18 child, if the child is an emancipated minor, who alleges that 19 a school district has violated this section may bring a civil 20 action for injunctive relief and actual damages against the 21 school district. If the child’s parent, guardian, or legal or 22 actual custodian, or the child, is the prevailing party in a 23 civil action instituted pursuant to this subsection, the court 24 shall award reasonable court costs and attorney fees to the 25 child’s parent, guardian, or legal or actual custodian, or the 26 child, as applicable. 27 Sec. 3. Section 299.2, Code 2025, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 7. While attending a course in religious 30 instruction pursuant to section 299.1D. 31 Sec. 4. Section 299.12, subsection 1, paragraph a, Code 32 2025, is amended to read as follows: 33 a. “Chronically absent” means any absence from school for 34 more than ten percent of the days or hours in the grading 35 -2- HF 870 (2) 91 jda/jh/md 2/ 3

H.F. 870 period established by a public school ; provided, however, that 1 an absence from school that is related to attending a course 2 in religious instruction pursuant to section 299.1D shall not 3 count toward this amount . 4 -3- HF 870 (2) 91 jda/jh/md 3/ 3