House File 37 - IntroducedA Bill ForAn Act 1relating to private instruction by adding reporting
2requirements and requiring school districts to conduct
3health and safety visits for children placed under competent
4private instruction, independent private instruction, or
5private instruction.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 299.4, subsection 1, Code 2021, is
2amended to read as follows:
   31.  The parent, guardian, or legal custodian of a child who
4is of compulsory attendance age, who places the child under
5competent private instruction under section 299A.2independent
6private instruction, or private instruction under chapter
7299A,
not in an accredited school or a home school assistance
8program operated by a school district or accredited nonpublic
9school, shall furnish to the school district of residence a
10report in duplicate on forms provided in the form and manner
11prescribed
by the public school district, to the district by
12September 1 of the school year in which the child will be under
13competent private instruction, independent private instruction,
14or private instruction
. The secretary shall retain and file
15one copy and forward the other copy to the district’s area
16education agency. The report shall state the name and age of
17the child, the period of time during which the child has been
18or will be under competent private instruction, independent
19private instruction, or private instruction
for the year, an
20outline of the course of study, texts used, and the name and
21address of the instructor. The parent, guardian, or legal
22custodian of a child, who is placing the child under competent
23private instruction, independent private instruction, or
24private instruction
for the first time, shall also provide the
25district with evidence that the child has had the immunizations
26required under section 139A.8, and, if the child is elementary
27school age, a blood lead test in accordance with section
28135.105D. The term “outline of course of study” shall include
29subjects covered, lesson plans, and time spent on the areas of
30study.
31   Sec. 2.  Section 299A.1, subsection 2, paragraph b,
32subparagraph (6), Code 2021, is amended to read as follows:
   33(6)  Provides, upon written request from the superintendent
34of
 to the superintendent of the school district in which the
35independent private instruction is provided, or from the
-1-1director of the department of education
 of residence of each
2student enrolled
, a report identifying the primary instructor,
3location, name of the authority responsible for the independent
4private instruction, and the names of the students enrolled.
5   Sec. 3.  Section 299A.3, Code 2021, is amended to read as
6follows:
   7299A.3  Private instruction by nonlicensed person.
   81.  A parent, guardian, or legal custodian of a child of
9compulsory attendance age providing private instruction to
10the child shall complete and send, in a timely manner, the
11report required under section 299.4 to the school district of
12residence of the child.

   132.   A parent, guardian, or legal custodian of a child of
14compulsory attendance age providing private instruction to the
15child
may meet all either of the following requirements:
   161.  Complete and send, in a timely manner, the report
17required under section 299.4 to the school district of
18residence of the child.
   192.    a.  Ensure that the child under the parent’s, guardian’s,
20or legal custodian’s instruction is evaluated annually to
21determine whether the child is making adequate progress, as
22defined in section 299A.6.
   233.    b.  Ensure that the results of the child’s annual
24evaluation are reported to the school district of residence
25of the child and to the department of education by a date not
26later than June 30 of each year in which the child is under
27private instruction.
28   Sec. 4.  NEW SECTION.  299A.13  Health and safety visits.
   291.  The board of directors of a school district shall
30conduct quarterly home visits to check on the health and safety
31of children located within the district who are receiving
32competent private instruction, independent private instruction,
33or private instruction.
   342.  Home visits shall take place in the child’s residence
35with the consent of the parent, guardian, or legal custodian
-2-1and an interview or observation of the child may be conducted.
2If permission to enter the home to interview or observe the
3child is refused, the juvenile court or district court upon
4a showing of probable cause may authorize the person making
5the home visit to enter the home and interview or observe the
6child.
   73.  The superintendent of the school district shall
8designate a person to carry out the duties assigned to the
9school district under this section. The person designated
10shall be a mandatory reporter, as defined in section 232.69,
11subsection 1. The school district may collaborate with the
12department of human services, including the local, county, and
13service area officers of the department, in conducting the home
14visits required under this section.
   154.  The department of education, in collaboration with the
16department of human services, shall provide guidelines to
17school districts for implementation of this section.
18   Sec. 5.  STATE MANDATE FUNDING SPECIFIED.  In accordance
19with section 25B.2, subsection 3, the state cost of requiring
20compliance with any state mandate included in this Act shall
21be paid by a school district from state school foundation aid
22received by the school district under section 257.16. This
23specification of the payment of the state cost shall be deemed
24to meet all of the state funding-related requirements of
25section 25B.2, subsection 3, and no additional state funding
26shall be necessary for the full implementation of this Act
27by and enforcement of this Act against all affected school
28districts.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
   32This bill requires the parent, guardian, or legal custodian
33who places a child in independent private instruction or
34private instruction to submit the same report to the school
35district of residence that is required for a child placed in
-3-1competent private instruction, and requires school districts
2to conduct quarterly home visits to check on the health and
3safety of children placed under competent private instruction,
4independent private instruction, or private instruction.
   5The parent, guardian, or legal custodian placing a child
6under independent private instruction or private instruction
7must, by September 1 of the academic year, furnish to the
8school district of residence a report that includes the name
9and age of the child, the period of time during which the child
10has been or will be under private instruction for the year, an
11outline of the course of study, and the name and address of the
12instructor. The criteria for independent private instruction
13is modified to require that a report be provided to each
14student’s school district of residence.
   15As currently required for persons filing reports for a child
16placed in competent private instruction, the first time such
17a report is filed by a person on behalf of a child placed in
18independent private instruction or private instruction, the
19person must also provide the district with evidence that the
20child has had the immunizations required under Code section
21139A.8, and, if the child is elementary school age, a blood
22lead test. The term “outline of course of study” includes
23subjects covered, lesson plans, and time spent on the areas of
24study.
   25The home visits shall take place in the child’s residence
26with the consent of the parent, guardian, or legal custodian
27and an interview or observation of the child may be conducted.
28If permission to enter the home to interview or observe the
29child is refused, the juvenile court or district court upon
30a showing of probable cause may authorize the person making
31the home visit to enter the home and interview or observe the
32child.
   33The superintendent of the school district shall designate a
34person to carry out the duties assigned to the school district.
35The person designated shall be a mandatory reporter of child
-4-1abuse. The department of education, in collaboration with
2the department of human services, shall provide guidelines to
3school districts for implementation of the home visits for
4health and safety.
   5The bill may include a state mandate as defined in Code
6section 25B.3. The bill requires that the state cost of
7any state mandate included in the bill be paid by a school
8district from state school foundation aid received by the
9school district under Code section 257.16. The specification
10is deemed to constitute state compliance with any state mandate
11funding-related requirements of Code section 25B.2. The
12inclusion of this specification is intended to reinstate the
13requirement of political subdivisions to comply with any state
14mandates included in the bill.
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