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House File 182 - IntroducedA Bill ForAn Act 1relating to private instruction.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.42, subsections 1, 5, and 8, Code
22019, are amended to read as follows:
31. An Iowa learning online initiative is established
4within the department to partner with school districts and
5accredited nonpublic schools to provide distance education
6to high school students statewide. The initiative may also
7provide distance education to a student receiving independent
8private instruction as defined in section 299A.1, subsection
92, paragraph “b”, competent private instruction under section
10299A.2, or private instruction by a nonlicensed person under
11section 299A.3 chapter 299A. The department shall utilize a
12variety of content repositories, including those maintained
13by the area education agencies and the public broadcasting
14division, in administering the initiative.
155. Under the initiative, a student must be enrolled in
16a participating school district or accredited nonpublic
17school or be receiving private instruction under chapter 299A
18as described in subsection 1. For a student enrolled in a
19participating school district or accredited nonpublic school,
20the school district or school is responsible for recording
21grades received for initiative coursework in a student’s
22permanent record, awarding high school credit for initiative
23coursework, and issuing a high school diploma to a student
24enrolled in the district or school who participates and
25completes coursework under the initiative. Each participating
26school shall identify a site coordinator to serve as a student
27advocate and as a liaison between the initiative staff and
28teachers and the school district or accredited nonpublic
29school. The individual providing instruction to a student
30under chapter 299A as described in subsection 1 shall receive
31the student’s score for completed initiative coursework.
328. The department shall establish fees payable by school
33districts, accredited nonpublic schools, and individuals
34 parents, guardians, or legal custodians providing instruction
35to students under chapter 299A as described in subsection 1,
-1-1for coursework offered under the initiative. Fees collected
2pursuant to this subsection are appropriated to the department
3to be used only for the purpose of administering this section
4and shall be established so as not to exceed the cost of
5administering this section. Providing professional development
6necessary to prepare teachers to participate in the initiative
7shall be considered a cost of administering this section.
8Notwithstanding section 8.33, fees collected by the department
9that remain unencumbered or unobligated at the close of the
10fiscal year shall not revert but shall remain available for
11expenditure for the purpose of expanding coursework offered
12under the initiative in subsequent fiscal years.
13 Sec. 2. Section 261E.8, subsection 2, Code 2019, is amended
14to read as follows:
152. Students from accredited nonpublic schools and students
16receiving competent private instruction or independent private
17instruction under chapter 299A may access the program through
18the school district in which the accredited nonpublic school or
19private institution is located.
20 Sec. 3. Section 299.1, subsection 1, Code 2019, is amended
21to read as follows:
221. Except as provided in section 299.2, the parent,
23guardian, or legal or actual custodian of a child who is of
24compulsory attendance age shall cause the child to attend some
25public school or an accredited nonpublic school, or place
26the child under competent private instruction or independent
27private instruction in accordance with the provisions of
28chapter 299A, during a school year, as defined under section
29279.10.
30 Sec. 4. Section 299.1B, Code 2019, is amended to read as
31follows:
32299.1B Failure to attend — driver’s license.
33A person who is of compulsory attendance age who does
34not meet the requirements for an exception under section
35299.2, who does not attend a public school or an accredited
-2-1nonpublic school, who is not receiving competent private
2instruction or independent private instruction in accordance
3with the provisions of chapter 299A, and who does not attend
4an alternative school or adult education classes, shall not
5receive an intermediate or full driver’s license until age
6eighteen.
7 Sec. 5. Section 299.4, subsection 1, Code 2019, is amended
8to read as follows:
91. The parent, guardian, or legal custodian of a child who
10is of compulsory attendance age, who places the child under
11competent private instruction under either section 299A.2 or
12299A.3, not in an accredited school or a home school assistance
13program operated by a school district or accredited nonpublic
14school, shall furnish a report in duplicate on forms provided
15by the public school district, to the district by September 1
16of the school year in which the child will be under competent
17private instruction. The secretary shall retain and file
18one copy and forward the other copy to the district’s area
19education agency. The report shall state the name and age of
20the child, the period of time during which the child has been
21or will be under competent private instruction for the year,
22an outline of the course of study, texts used, and the name
23and address of the instructor. The parent, guardian, or legal
24custodian of a child, who is placing the child under competent
25private instruction for the first time, shall also provide the
26district with evidence that the child has had the immunizations
27required under section 139A.8, and, if the child is elementary
28school age, a blood lead test in accordance with section
29135.105D. The term “outline of course of study” shall include
30subjects covered, lesson plans, and time spent on the areas of
31study.
32 Sec. 6. Section 299.6A, subsection 1, Code 2019, is amended
33to read as follows:
341. In lieu of a criminal proceeding under section 299.6,
35a county attorney may bring a civil action against a parent,
-3-1guardian, or legal or actual custodian of a child who is of
2compulsory attendance age, has not completed educational
3requirements, and is truant, if the parent, guardian, or legal
4or actual custodian has failed to cause the child to attend a
5public school or an accredited nonpublic school, or to place
6the child under competent private instruction or independent
7private instruction in the manner provided in this chapter. If
8the court finds that the parent, guardian, or legal or actual
9custodian has failed to cause the child to attend as required
10in this section, the court shall assess a civil penalty of not
11less than one hundred but not more than one thousand dollars
12for each violation established.
13 Sec. 7. Section 299.8, Code 2019, is amended to read as
14follows:
15299.8 “Truant” defined.
16Any child of compulsory attendance age who fails to attend
17school as provided in this chapter, or as required by the
18school board’s or school governing body’s attendance policy,
19or who fails to attend competent private instruction or
20independent private instruction under chapter 299A, without
21reasonable excuse for the absence, shall be deemed to be a
22truant. A finding that a child is truant, however, shall not
23by itself mean that the child is a child in need of assistance
24within the meaning of chapter 232 and shall not be the sole
25basis for a child in need of assistance petition.
26 Sec. 8. Section 299.11, subsection 1, Code 2019, is amended
27to read as follows:
281. The truancy officer may take into custody without
29warrant any apparently truant child and place the child
30in the charge of the school principal, or the principal’s
31designee, designated by the board of directors of the school
32district in which the child resides, or in the charge of any
33nonpublic school or any authority providing competent private
34instruction or independent private instruction as defined in
35section 299A.1, designated by the parent, guardian, or legal
-4-1or actual custodian; but if it is other than a public school,
2the instruction and maintenance of the child shall be without
3expense to the school district. If a child is taken into
4custody under this section, the truancy officer shall make
5every reasonable attempt to immediately notify the parent,
6guardian, or legal or actual custodian of the child’s location.
7 Sec. 9. Section 299.12, subsection 2, Code 2019, is amended
8to read as follows:
92. This section is not applicable to a child who is
10receiving competent private instruction or independent private
11instruction in accordance with the requirements of chapter
12299A. If a child is not in compliance with the attendance
13requirements established under section 299.1, and has not
14completed educational requirements through the sixth grade,
15and the school has used every means available to assure the
16child does attend, the school truancy officer shall contact
17the child’s parent, guardian, or legal or actual custodian to
18participate in an attendance cooperation meeting. The parties
19to the attendance cooperation meeting may include the child
20and shall include the child’s parent, guardian, or legal or
21actual custodian and the school truancy officer. The school
22truancy officer contacting the participants in the attendance
23cooperation meeting may invite other school officials, a
24designee of the juvenile court, the county attorney or the
25county attorney’s designee, or other persons deemed appropriate
26to participate in the attendance cooperation meeting.
27 Sec. 10. Section 299A.1, Code 2019, is amended to read as
28follows:
29299A.1 Competent private Private instruction and independent
30private instruction.
311. The parent, guardian, or legal custodian of a child of
32compulsory attendance age who places the child under private
33instruction shall provide, unless otherwise exempted, competent
34private instruction or independent private instruction in
35accordance with this chapter. A parent, guardian, or legal
-5-1custodian of a child of compulsory attendance age who places
2the child under private instruction which is not competent
3private instruction or independent private instruction,
4or otherwise fails to comply with the requirements of this
5chapter, is subject to the provisions of sections 299.1 through
6299.4 and the penalties provided in section 299.6.
72. For purposes of this chapter and chapter 299:
8a. “Competent private instruction” means private instruction
9provided on a daily basis for at least one hundred forty-eight
10days during a school year, to be met by attendance for at
11least thirty-seven days each school quarter, by or under the
12supervision of a licensed practitioner in the manner provided
13under section 299A.2, or a parent, guardian, or legal custodian
14under section 299A.3, which results in the student making
15adequate progress.
16b. “Independent private instruction” means instruction that
17meets the following criteria:
18(1) Is not accredited.
19(2) Enrolls not more than four unrelated students.
20(3) Does not charge tuition, fees, or other remuneration for
21instruction.
22(4) Provides private or religious-based instruction as its
23primary purpose.
24(5) Provides enrolled students with instruction in
25mathematics, reading and language arts, science, and social
26studies.
27(6) Provides, upon written request from the superintendent
28of the school district in which the independent private
29instruction is provided, or from the director of the department
30of education, a report identifying the primary instructor,
31location, name of the authority responsible for the independent
32private instruction, and the names of the students enrolled.
33(7) Is not a nonpublic school and does not provide competent
34private instruction as defined in this subsection.
35(8) Is exempt from all state statutes and administrative
-6-1rules applicable to a school, a school board, or a school
2district, except as otherwise provided in chapter 299 and this
3chapter.
4c. b. “Private instruction” means instruction using a
5plan and a course of study in a setting other than a public or
6organized accredited nonpublic school.
7 Sec. 11. Section 299A.3, unnumbered paragraph 1, Code 2019,
8is amended to read as follows:
9A parent, guardian, or legal custodian of a child of
10compulsory attendance age providing competent private
11instruction to the child may shall meet all of the following
12requirements:
13 Sec. 12. Section 299A.11, Code 2019, is amended to read as
14follows:
15299A.11 Student records confidential.
16Notwithstanding any provision of law or rule to the
17contrary, personal information in records regarding a child
18receiving competent private instruction or independent private
19instruction pursuant to this chapter, which are maintained,
20created, collected, or assembled by or for a state agency,
21shall be kept confidential in the same manner as personal
22information in student records maintained, created, collected,
23or assembled by or for a school corporation or educational
24institution in accordance with section 22.7, subsection 1.
25 Sec. 13. Section 321.178, subsection 1, paragraph c, Code
262019, is amended to read as follows:
27c. Every public school district in Iowa shall offer
28or make available to all students residing in the school
29district, or Iowa students attending a nonpublic school or
30receiving competent private instruction or independent private
31instruction as defined in section 299A.1, in the district, an
32approved course in driver education. The receiving district
33shall be the school district responsible for making driver
34education available to a student participating in open
35enrollment under section 282.18. The courses may be offered
-7-1at sites other than at the public school, including nonpublic
2school facilities within the public school districts. An
3approved course offered during the summer months, on Saturdays,
4after regular school hours during the regular terms or partly
5in one term or summer vacation period and partly in the
6succeeding term or summer vacation period, as the case may
7be, shall satisfy the requirements of this section to the
8same extent as an approved course offered during the regular
9school hours of the school term. A student who successfully
10completes and obtains certification in an approved course in
11driver education or an approved course in motorcycle education
12may, upon proof of such fact, be excused from any field test
13which the student would otherwise be required to take in
14demonstrating the student’s ability to operate a motor vehicle.
15A student shall not be excused from any field test if a parent,
16guardian, or instructor requests that a test be administered.
17A final field test prior to a student’s completion of an
18approved course shall be administered by a person qualified
19as a classroom driver education instructor and certified to
20provide street and highway driving instruction. A person
21qualified as a classroom driver education instructor but not
22certified to provide street and highway driving instruction
23may administer the final field test if accompanied by another
24person qualified to provide street and highway driving
25instruction.
26 Sec. 14. Section 321.180B, subsection 2, paragraph a, Code
272019, is amended to read as follows:
28a. The department may issue an intermediate driver’s
29license to a person sixteen or seventeen years of age who
30possesses an instruction permit issued under subsection 1 or
31a comparable instruction permit issued by another state for a
32minimum of twelve months immediately preceding application,
33and who presents an affidavit signed by a parent, guardian, or
34custodian on a form to be provided by the department that the
35permittee has accumulated a total of twenty hours of street
-8-1or highway driving of which two hours were conducted after
2sunset and before sunrise and the street or highway driving was
3with the permittee’s parent, guardian, custodian, instructor,
4a person certified by the department, or a person at least
5twenty-five years of age who had written permission from a
6parent, guardian, or custodian to accompany the permittee, and
7whose driving privileges have not been suspended, revoked,
8or barred under this chapter or chapter 321J during, and who
9has been accident and violation free continuously for, the
10six-month period immediately preceding the application for an
11intermediate license. An applicant for an intermediate license
12must meet the requirements of section 321.186, including
13satisfactory completion of driver education as required in
14section 321.178 or 321.178A, and payment of the required
15license fee before an intermediate license will be issued. A
16person issued an intermediate license must limit the number of
17passengers in the motor vehicle when the intermediate licensee
18is operating the motor vehicle to the number of passenger
19safety belts. In addition, unless waived by the person’s
20parent or guardian at the time the intermediate license is
21issued, for the first six months following issuance of the
22license, a person issued an intermediate license must limit the
23number of unrelated minor passengers in the motor vehicle when
24the intermediate licensee is operating the motor vehicle to
25one, except when the intermediate licensee is accompanied in
26accordance with subsection 1. For purposes of this subsection,
27“unrelated minor passenger” means a passenger who is under
28eighteen years of age and who is not a sibling of the driver, a
29stepsibling of the driver, or a child who resides in the same
30household as the driver. The department shall prescribe the
31form for waiver of the six-month restriction on unrelated minor
32passengers, which may be in an electronic format, and shall
33designate characteristics for the intermediate license that
34shall distinguish between an intermediate license that includes
35the six-month restriction on unrelated minor passengers and
-9-1an intermediate license that does not include the six-month
2restriction on unrelated minor passengers.
3 Sec. 15. REPEAL. Section 321.178A, Code 2019, is repealed.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill eliminates changes made relating to private
8instruction, including independent private instruction and
9driver education by a teaching parent, made in 2013 Iowa
10Acts, chapter 121, divisions X, XII, and XIII, and modifies a
11provision enacted in 2018 authorizing the Iowa learning online
12initiative to provide distance learning to students receiving
13private instruction.
14Currently, the Iowa learning online initiative is authorized
15to provide distance education to a student receiving
16independent private instruction, competent private instruction,
17or private instruction by a nonlicensed person, and is directed
18to establish fees payable by the individual providing the
19instruction. The bill modifies the provision to allow the
20initiative to provide distance learning to students receiving
21private instruction, with the fees to be established for and
22paid by the parent, guardian, or legal custodian providing the
23private instruction.
24The bill requires that a parent, guardian, or legal
25custodian of a child of compulsory attendance age placed under
26competent private instruction by a parent, guardian, or legal
27custodian submit to the school district of residence a report
28that states the name and age of the child and the period of
29time the child has been or will be under competent private
30instruction and includes an outline of course study and texts
31used, and the name and address of the instructor, and evidence
32of immunization. The bill also requires the parent, guardian,
33or legal custodian to ensure that the child is evaluated
34annually, and to ensure that the results of the child’s annual
35evaluation are reported to the school districts.
-10- 1The bill eliminates language that establishes an option for
2independent private instruction under Code chapter 299A and
3makes corresponding changes.
4The bill modifies the definition of “competent private
5instruction” to include instruction by or under the supervision
6of a parent, guardian, or legal custodian.
7The bill also repeals Code section 321.178A, which allows a
8parent, guardian, or legal custodian who is providing competent
9private instruction to a student to teach the student driver
10education provided the parent, guardian, or legal custodian has
11a valid driver’s license that permits unaccompanied driving and
12has a clear driving record for the previous two years.
-11-kh/jh
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.42, subsections 1, 5, and 8, Code
22019, are amended to read as follows:
31. An Iowa learning online initiative is established
4within the department to partner with school districts and
5accredited nonpublic schools to provide distance education
6to high school students statewide. The initiative may also
7provide distance education to a student receiving independent
8private instruction as defined in section 299A.1, subsection
92, paragraph “b”, competent private instruction under section
10299A.2, or private instruction by a nonlicensed person under
11section 299A.3 chapter 299A. The department shall utilize a
12variety of content repositories, including those maintained
13by the area education agencies and the public broadcasting
14division, in administering the initiative.
155. Under the initiative, a student must be enrolled in
16a participating school district or accredited nonpublic
17school or be receiving private instruction under chapter 299A
18as described in subsection 1. For a student enrolled in a
19participating school district or accredited nonpublic school,
20the school district or school is responsible for recording
21grades received for initiative coursework in a student’s
22permanent record, awarding high school credit for initiative
23coursework, and issuing a high school diploma to a student
24enrolled in the district or school who participates and
25completes coursework under the initiative. Each participating
26school shall identify a site coordinator to serve as a student
27advocate and as a liaison between the initiative staff and
28teachers and the school district or accredited nonpublic
29school. The individual providing instruction to a student
30under chapter 299A as described in subsection 1 shall receive
31the student’s score for completed initiative coursework.
328. The department shall establish fees payable by school
33districts, accredited nonpublic schools, and individuals
34 parents, guardians, or legal custodians providing instruction
35to students under chapter 299A as described in subsection 1,
-1-1for coursework offered under the initiative. Fees collected
2pursuant to this subsection are appropriated to the department
3to be used only for the purpose of administering this section
4and shall be established so as not to exceed the cost of
5administering this section. Providing professional development
6necessary to prepare teachers to participate in the initiative
7shall be considered a cost of administering this section.
8Notwithstanding section 8.33, fees collected by the department
9that remain unencumbered or unobligated at the close of the
10fiscal year shall not revert but shall remain available for
11expenditure for the purpose of expanding coursework offered
12under the initiative in subsequent fiscal years.
13 Sec. 2. Section 261E.8, subsection 2, Code 2019, is amended
14to read as follows:
152. Students from accredited nonpublic schools and students
16receiving competent private instruction or independent private
17instruction under chapter 299A may access the program through
18the school district in which the accredited nonpublic school or
19private institution is located.
20 Sec. 3. Section 299.1, subsection 1, Code 2019, is amended
21to read as follows:
221. Except as provided in section 299.2, the parent,
23guardian, or legal or actual custodian of a child who is of
24compulsory attendance age shall cause the child to attend some
25public school or an accredited nonpublic school, or place
26the child under competent private instruction or independent
27private instruction in accordance with the provisions of
28chapter 299A, during a school year, as defined under section
29279.10.
30 Sec. 4. Section 299.1B, Code 2019, is amended to read as
31follows:
32299.1B Failure to attend — driver’s license.
33A person who is of compulsory attendance age who does
34not meet the requirements for an exception under section
35299.2, who does not attend a public school or an accredited
-2-1nonpublic school, who is not receiving competent private
2instruction or independent private instruction in accordance
3with the provisions of chapter 299A, and who does not attend
4an alternative school or adult education classes, shall not
5receive an intermediate or full driver’s license until age
6eighteen.
7 Sec. 5. Section 299.4, subsection 1, Code 2019, is amended
8to read as follows:
91. The parent, guardian, or legal custodian of a child who
10is of compulsory attendance age, who places the child under
11competent private instruction under either section 299A.2 or
12299A.3, not in an accredited school or a home school assistance
13program operated by a school district or accredited nonpublic
14school, shall furnish a report in duplicate on forms provided
15by the public school district, to the district by September 1
16of the school year in which the child will be under competent
17private instruction. The secretary shall retain and file
18one copy and forward the other copy to the district’s area
19education agency. The report shall state the name and age of
20the child, the period of time during which the child has been
21or will be under competent private instruction for the year,
22an outline of the course of study, texts used, and the name
23and address of the instructor. The parent, guardian, or legal
24custodian of a child, who is placing the child under competent
25private instruction for the first time, shall also provide the
26district with evidence that the child has had the immunizations
27required under section 139A.8, and, if the child is elementary
28school age, a blood lead test in accordance with section
29135.105D. The term “outline of course of study” shall include
30subjects covered, lesson plans, and time spent on the areas of
31study.
32 Sec. 6. Section 299.6A, subsection 1, Code 2019, is amended
33to read as follows:
341. In lieu of a criminal proceeding under section 299.6,
35a county attorney may bring a civil action against a parent,
-3-1guardian, or legal or actual custodian of a child who is of
2compulsory attendance age, has not completed educational
3requirements, and is truant, if the parent, guardian, or legal
4or actual custodian has failed to cause the child to attend a
5public school or an accredited nonpublic school, or to place
6the child under competent private instruction or independent
7private instruction in the manner provided in this chapter. If
8the court finds that the parent, guardian, or legal or actual
9custodian has failed to cause the child to attend as required
10in this section, the court shall assess a civil penalty of not
11less than one hundred but not more than one thousand dollars
12for each violation established.
13 Sec. 7. Section 299.8, Code 2019, is amended to read as
14follows:
15299.8 “Truant” defined.
16Any child of compulsory attendance age who fails to attend
17school as provided in this chapter, or as required by the
18school board’s or school governing body’s attendance policy,
19or who fails to attend competent private instruction or
20independent private instruction under chapter 299A, without
21reasonable excuse for the absence, shall be deemed to be a
22truant. A finding that a child is truant, however, shall not
23by itself mean that the child is a child in need of assistance
24within the meaning of chapter 232 and shall not be the sole
25basis for a child in need of assistance petition.
26 Sec. 8. Section 299.11, subsection 1, Code 2019, is amended
27to read as follows:
281. The truancy officer may take into custody without
29warrant any apparently truant child and place the child
30in the charge of the school principal, or the principal’s
31designee, designated by the board of directors of the school
32district in which the child resides, or in the charge of any
33nonpublic school or any authority providing competent private
34instruction or independent private instruction as defined in
35section 299A.1, designated by the parent, guardian, or legal
-4-1or actual custodian; but if it is other than a public school,
2the instruction and maintenance of the child shall be without
3expense to the school district. If a child is taken into
4custody under this section, the truancy officer shall make
5every reasonable attempt to immediately notify the parent,
6guardian, or legal or actual custodian of the child’s location.
7 Sec. 9. Section 299.12, subsection 2, Code 2019, is amended
8to read as follows:
92. This section is not applicable to a child who is
10receiving competent private instruction or independent private
11instruction in accordance with the requirements of chapter
12299A. If a child is not in compliance with the attendance
13requirements established under section 299.1, and has not
14completed educational requirements through the sixth grade,
15and the school has used every means available to assure the
16child does attend, the school truancy officer shall contact
17the child’s parent, guardian, or legal or actual custodian to
18participate in an attendance cooperation meeting. The parties
19to the attendance cooperation meeting may include the child
20and shall include the child’s parent, guardian, or legal or
21actual custodian and the school truancy officer. The school
22truancy officer contacting the participants in the attendance
23cooperation meeting may invite other school officials, a
24designee of the juvenile court, the county attorney or the
25county attorney’s designee, or other persons deemed appropriate
26to participate in the attendance cooperation meeting.
27 Sec. 10. Section 299A.1, Code 2019, is amended to read as
28follows:
29299A.1 Competent private Private instruction and independent
30private instruction.
311. The parent, guardian, or legal custodian of a child of
32compulsory attendance age who places the child under private
33instruction shall provide, unless otherwise exempted, competent
34private instruction or independent private instruction in
35accordance with this chapter. A parent, guardian, or legal
-5-1custodian of a child of compulsory attendance age who places
2the child under private instruction which is not competent
3private instruction or independent private instruction,
4or otherwise fails to comply with the requirements of this
5chapter, is subject to the provisions of sections 299.1 through
6299.4 and the penalties provided in section 299.6.
72. For purposes of this chapter and chapter 299:
8a. “Competent private instruction” means private instruction
9provided on a daily basis for at least one hundred forty-eight
10days during a school year, to be met by attendance for at
11least thirty-seven days each school quarter, by or under the
12supervision of a licensed practitioner in the manner provided
13under section 299A.2, or a parent, guardian, or legal custodian
14under section 299A.3, which results in the student making
15adequate progress.
16b. “Independent private instruction” means instruction that
17meets the following criteria:
18(1) Is not accredited.
19(2) Enrolls not more than four unrelated students.
20(3) Does not charge tuition, fees, or other remuneration for
21instruction.
22(4) Provides private or religious-based instruction as its
23primary purpose.
24(5) Provides enrolled students with instruction in
25mathematics, reading and language arts, science, and social
26studies.
27(6) Provides, upon written request from the superintendent
28of the school district in which the independent private
29instruction is provided, or from the director of the department
30of education, a report identifying the primary instructor,
31location, name of the authority responsible for the independent
32private instruction, and the names of the students enrolled.
33(7) Is not a nonpublic school and does not provide competent
34private instruction as defined in this subsection.
35(8) Is exempt from all state statutes and administrative
-6-1rules applicable to a school, a school board, or a school
2district, except as otherwise provided in chapter 299 and this
3chapter.
4c. b. “Private instruction” means instruction using a
5plan and a course of study in a setting other than a public or
6organized accredited nonpublic school.
7 Sec. 11. Section 299A.3, unnumbered paragraph 1, Code 2019,
8is amended to read as follows:
9A parent, guardian, or legal custodian of a child of
10compulsory attendance age providing competent private
11instruction to the child may shall meet all of the following
12requirements:
13 Sec. 12. Section 299A.11, Code 2019, is amended to read as
14follows:
15299A.11 Student records confidential.
16Notwithstanding any provision of law or rule to the
17contrary, personal information in records regarding a child
18receiving competent private instruction or independent private
19instruction pursuant to this chapter, which are maintained,
20created, collected, or assembled by or for a state agency,
21shall be kept confidential in the same manner as personal
22information in student records maintained, created, collected,
23or assembled by or for a school corporation or educational
24institution in accordance with section 22.7, subsection 1.
25 Sec. 13. Section 321.178, subsection 1, paragraph c, Code
262019, is amended to read as follows:
27c. Every public school district in Iowa shall offer
28or make available to all students residing in the school
29district, or Iowa students attending a nonpublic school or
30receiving competent private instruction or independent private
31instruction as defined in section 299A.1, in the district, an
32approved course in driver education. The receiving district
33shall be the school district responsible for making driver
34education available to a student participating in open
35enrollment under section 282.18. The courses may be offered
-7-1at sites other than at the public school, including nonpublic
2school facilities within the public school districts. An
3approved course offered during the summer months, on Saturdays,
4after regular school hours during the regular terms or partly
5in one term or summer vacation period and partly in the
6succeeding term or summer vacation period, as the case may
7be, shall satisfy the requirements of this section to the
8same extent as an approved course offered during the regular
9school hours of the school term. A student who successfully
10completes and obtains certification in an approved course in
11driver education or an approved course in motorcycle education
12may, upon proof of such fact, be excused from any field test
13which the student would otherwise be required to take in
14demonstrating the student’s ability to operate a motor vehicle.
15A student shall not be excused from any field test if a parent,
16guardian, or instructor requests that a test be administered.
17A final field test prior to a student’s completion of an
18approved course shall be administered by a person qualified
19as a classroom driver education instructor and certified to
20provide street and highway driving instruction. A person
21qualified as a classroom driver education instructor but not
22certified to provide street and highway driving instruction
23may administer the final field test if accompanied by another
24person qualified to provide street and highway driving
25instruction.
26 Sec. 14. Section 321.180B, subsection 2, paragraph a, Code
272019, is amended to read as follows:
28a. The department may issue an intermediate driver’s
29license to a person sixteen or seventeen years of age who
30possesses an instruction permit issued under subsection 1 or
31a comparable instruction permit issued by another state for a
32minimum of twelve months immediately preceding application,
33and who presents an affidavit signed by a parent, guardian, or
34custodian on a form to be provided by the department that the
35permittee has accumulated a total of twenty hours of street
-8-1or highway driving of which two hours were conducted after
2sunset and before sunrise and the street or highway driving was
3with the permittee’s parent, guardian, custodian, instructor,
4a person certified by the department, or a person at least
5twenty-five years of age who had written permission from a
6parent, guardian, or custodian to accompany the permittee, and
7whose driving privileges have not been suspended, revoked,
8or barred under this chapter or chapter 321J during, and who
9has been accident and violation free continuously for, the
10six-month period immediately preceding the application for an
11intermediate license. An applicant for an intermediate license
12must meet the requirements of section 321.186, including
13satisfactory completion of driver education as required in
14section 321.178 or 321.178A, and payment of the required
15license fee before an intermediate license will be issued. A
16person issued an intermediate license must limit the number of
17passengers in the motor vehicle when the intermediate licensee
18is operating the motor vehicle to the number of passenger
19safety belts. In addition, unless waived by the person’s
20parent or guardian at the time the intermediate license is
21issued, for the first six months following issuance of the
22license, a person issued an intermediate license must limit the
23number of unrelated minor passengers in the motor vehicle when
24the intermediate licensee is operating the motor vehicle to
25one, except when the intermediate licensee is accompanied in
26accordance with subsection 1. For purposes of this subsection,
27“unrelated minor passenger” means a passenger who is under
28eighteen years of age and who is not a sibling of the driver, a
29stepsibling of the driver, or a child who resides in the same
30household as the driver. The department shall prescribe the
31form for waiver of the six-month restriction on unrelated minor
32passengers, which may be in an electronic format, and shall
33designate characteristics for the intermediate license that
34shall distinguish between an intermediate license that includes
35the six-month restriction on unrelated minor passengers and
-9-1an intermediate license that does not include the six-month
2restriction on unrelated minor passengers.
3 Sec. 15. REPEAL. Section 321.178A, Code 2019, is repealed.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill eliminates changes made relating to private
8instruction, including independent private instruction and
9driver education by a teaching parent, made in 2013 Iowa
10Acts, chapter 121, divisions X, XII, and XIII, and modifies a
11provision enacted in 2018 authorizing the Iowa learning online
12initiative to provide distance learning to students receiving
13private instruction.
14Currently, the Iowa learning online initiative is authorized
15to provide distance education to a student receiving
16independent private instruction, competent private instruction,
17or private instruction by a nonlicensed person, and is directed
18to establish fees payable by the individual providing the
19instruction. The bill modifies the provision to allow the
20initiative to provide distance learning to students receiving
21private instruction, with the fees to be established for and
22paid by the parent, guardian, or legal custodian providing the
23private instruction.
24The bill requires that a parent, guardian, or legal
25custodian of a child of compulsory attendance age placed under
26competent private instruction by a parent, guardian, or legal
27custodian submit to the school district of residence a report
28that states the name and age of the child and the period of
29time the child has been or will be under competent private
30instruction and includes an outline of course study and texts
31used, and the name and address of the instructor, and evidence
32of immunization. The bill also requires the parent, guardian,
33or legal custodian to ensure that the child is evaluated
34annually, and to ensure that the results of the child’s annual
35evaluation are reported to the school districts.
-10- 1The bill eliminates language that establishes an option for
2independent private instruction under Code chapter 299A and
3makes corresponding changes.
4The bill modifies the definition of “competent private
5instruction” to include instruction by or under the supervision
6of a parent, guardian, or legal custodian.
7The bill also repeals Code section 321.178A, which allows a
8parent, guardian, or legal custodian who is providing competent
9private instruction to a student to teach the student driver
10education provided the parent, guardian, or legal custodian has
11a valid driver’s license that permits unaccompanied driving and
12has a clear driving record for the previous two years.
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