Senate File 546 - IntroducedA Bill ForAn Act 1relating to private instruction and driver education.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 256.11, subsection 17, paragraph c,
2subparagraph (3), Code 2021, is amended to read as follows:
   3(3)  An online learning platform offered, subject to the
4initial availability of federal funds, by the department in
5collaboration with one or more area education agencies or in
6partnership with school districts and accredited nonpublic
7schools. The online learning platform may deliver distance
8education to students, including students receiving independent
9private instruction as defined in section 299A.1, subsection
102, paragraph “b”,
competent private instruction under section
11299A.2, or private instruction by a nonlicensed person under
12section 299A.3
 chapter 299A, provided such students register
13with the school district of residence and the coursework
14offered by the online learning platform is taught and
15supervised by a teacher licensed under chapter 272 who has
16online learning experience and the course content meets the
17requirements established by rule pursuant to section 256.7,
18subsection 32, paragraph “c”. The department and the area
19education agencies operating online learning programs pursuant
20to section 273.16 shall coordinate to ensure the most effective
21use of resources and delivery of services. Federal funds, if
22available, may be used to offset what would otherwise be costs
23to school districts for participation in the program.
24   Sec. 2.  Section 273.16, subsection 1, Code 2021, is amended
25to read as follows:
   261.  Subject to an appropriation of funds by the general
27assembly for this purpose, the area education agencies
28may offer, separately or in collaboration with other area
29education agencies, or in partnership with school districts and
30accredited nonpublic schools, to provide an online learning
31program to deliver distance education to Iowa’s secondary
32students, including students receiving independent private
33instruction as defined in section 299A.1, subsection 2,
34paragraph “b”,
competent private instruction under section
35299A.2, or private instruction by a nonlicensed person under
-1-1section 299A.3
 chapter 299A.
2   Sec. 3.  Section 299A.1, subsection 1, Code 2021, is amended
3to read as follows:
   41.  The parent, guardian, or legal custodian of a child
5of compulsory attendance age who places may place the child
6under private instruction shall provide, unless otherwise
7exempted,
competent private instruction or independent
8private instruction in accordance with this chapter. A
9parent, guardian, or legal custodian of a child of compulsory
10attendance age who places the child under private instruction
11which that is not competent private instruction or independent
12private instruction,
 in compliance with this chapter, or
 13who otherwise fails to comply with the requirements of this
14chapter, is subject to the provisions of sections 299.1 through
15299.4 and the penalties provided in section 299.6.
16   Sec. 4.  Section 299A.1, subsection 2, paragraph a, Code
172021, is amended to read as follows:
   18a.  “Competent private instruction” means private either of
19the following:

   20(1)   Privateinstruction provided on a daily basis for at
21least one hundred forty-eight days during a school year, to be
22met by attendance for at least thirty-seven days each school
23quarter, by or under the supervision of a licensed practitioner
24in the manner provided under section 299A.2, which results in
25the student making adequate progress.
   26(2)  Private instruction provided by a parent, guardian, or
27legal custodian under section 299A.3.
28   Sec. 5.  Section 299A.1, subsection 2, paragraph b,
29unnumbered paragraph 1, Code 2021, is amended to read as
30follows:
   31“Independent private instruction” means private instruction
32that meets the following criteria:
33   Sec. 6.  Section 299A.3, Code 2021, is amended to read as
34follows:
   35299A.3  Private Competent private instruction by nonlicensed
-2-1person
 parent, guardian, or legal custodian.
   2A parent, guardian, or legal custodian of a child of
3compulsory attendance age providing competent private
4instruction to the child may meet all of the following
5requirements:
   61.  Complete and send, in a timely manner, the report
7required under section 299.4 to the school district of
8residence of the child.
   92.  Ensure that the child under the parent’s, guardian’s,
10or legal custodian’s instruction is evaluated annually to
11determine whether the child is making adequate progress, as
12defined in section 299A.6.
   133.  Ensure that the results of the child’s annual evaluation
14are reported to the school district of residence of the child
15and to the department of education by a date not later than
16June 30 August 1 of each the year following the school year
17 in which the child is was under competent private instruction
 18pursuant to this section.
19   Sec. 7.  Section 299A.4, subsection 1, Code 2021, is amended
20to read as follows:
   211.  Each child of compulsory attendance age who is
22receiving competent private instruction shall either be
23evaluated annually by May 1 31, using a nationally recognized
24standardized achievement evaluation or other assessment tool
25developed or recognized by the department of education and
26chosen by the child’s parent, guardian, or legal custodian from
27a list of approved evaluations or assessment tools provided
28by the department of education or be evaluated annually in
29the manner provided in subsection 7. The department shall
30provide information on the cost of and the administration time
31required for each of the approved evaluations. The department
32shall provide, as part of approval procedures for evaluations
33to be used under this section, a mechanism which permits the
34introduction and approval of new or alternate methods of
35educational assessment which meet the requirements of this
-3-1chapter.
2   Sec. 8.  Section 299A.6, Code 2021, is amended by adding the
3following new subsection:
4   NEW SUBSECTION.  2A.  This section shall not be construed to
5require or prohibit testing on any subject matter at intervals
6more frequently or at grade levels other than those set forth
7in section 256.7, subsection 21, paragraph “b”, subparagraph
8(2).
9   Sec. 9.  Section 321.178, subsection 1, paragraph a,
10subparagraph (4), Code 2021, is amended to read as follows:
   11(4)  Instruction providing an awareness about sharing
12the road with pedestrians, bicycles, and motorcycles. The
13instruction course shall be first approved by the state
14department of transportation. Instructional materials creating
15an awareness about sharing the road with pedestrians, bicycles,
16 and motorcycles shall also be distributed during the course of
17instruction.
18   Sec. 10.  Section 321.178A, subsection 2, paragraph c, Code
192021, is amended to read as follows:
   20c.  “Teaching parent” means a parent, guardian, or legal
21custodian of a student who is currently providing competent
22 private instruction to the student pursuant to section 299A.2
23 or 299A.3
 chapter 299A and who provided such instruction to
24the student during the previous year; who has a valid driver’s
25license, other than a motorized bicycle license or a temporary
26restricted license, that permits unaccompanied driving; and
27who has maintained a clear driving record for the previous two
28years. For purposes of this paragraph, “clear driving record”
29means the individual has not been identified as a candidate
30for suspension or revocation of a driver’s license under the
31habitual violator or habitual offender provisions of the
32department’s regulations; is not subject to a driver’s license
33suspension, revocation, denial, cancellation, disqualification,
34or bar; and has no record of a conviction for a moving traffic
35violation determined to be the cause of a motor vehicle
-4-1accident.
2   Sec. 11.  Section 321.178A, subsection 3, paragraph a,
3subparagraphs (1), (2), (3), (4), (5), and (6), Code 2021, are
4amended to read as follows:
   5(1)  Thirty clock hours of classroom instruction.
   6(2)  Forty Thirty hours of street or highway driving
7including four three hours of driving after sunset and before
8sunrise while accompanied by the a teaching parent or a
9person who is qualified to provide street or highway driving
10instruction pursuant to section 321.178
.
   11(3)    (2)  Four hours of classroom instruction Instruction
12 concerning substance abuse.
   13(4)    (3)  A minimum of twenty minutes of instruction
14
 Instruction concerning railroad crossing safety.
   15(5)    (4)  Instruction relating to becoming an organ donor
16under the revised uniform anatomical gift Act as provided in
17chapter 142C.
   18(6)    (5)  Instruction providing an awareness about sharing
19the road with pedestrians, bicycles, and motorcycles.
20   Sec. 12.  Section 321.178A, subsection 3, paragraph b, Code
212021, is amended to read as follows:
   22b.  The content of the course of instruction required under
23this subsection shall be equivalent to that required under
24section 321.178. However, reference and study materials,
25physical classroom requirements, actual classroom hours and
26minutes,
and extra vehicle safety equipment required for
27instruction under section 321.178 shall not be required for the
28course of instruction provided under this section.
29   Sec. 13.  Section 321.178A, subsection 4, paragraphs b, e,
30and g, Code 2021, are amended to read as follows:
   31b.  Documentation that the student is receiving competent
32 private instruction under section 299A.2 or the name of
33the school district within which the student is receiving
34instruction under section 299A.3
 chapter 299A.
   35e.  Copies of written tests completed by the student or
-5-1lesser documentation as may be required by the department
.
   2g.  A log of completed street or highway driving instruction
3including the dates when the lessons were conducted, the
4student’s and the teaching parent’s name and initials noted
5next to each entry,
notes on driving activities including a
6list of driving deficiencies and improvements, and the duration
7of the driving time for each session.
8   Sec. 14.  Section 321.178A, subsection 5, Code 2021, is
9amended to read as follows:
   105.  Intermediate license.  Any student who successfully
11completes an approved course as provided in this section,
12passes a driving test to be administered by the department,
13and is otherwise qualified under section 321.180B, subsection
142, shall be eligible for an intermediate license pursuant to
15section 321.180B. Twenty of the forty thirty hours of street
16or highway driving instruction required under subsection 3,
17paragraph “a”, subparagraph (2) (1), may be used to satisfy the
18requirement of section 321.180B, subsection 2.
19   Sec. 15.  Section 321.178A, Code 2021, is amended by adding
20the following new subsection:
21   NEW SUBSECTION.  7.  Applicability.  This section shall not
22be construed to require a teaching parent to apply for or seek
23approval of the department separate from the course completion
24and certification requirements of subsection 4.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
   28This bill relates to private instruction by parents,
29guardians, and legal custodians and to driver education
30provided by a teaching parent.
   31Currently, statute provides that a parent, guardian,
32or legal custodian may place a child in competent private
33instruction under a licensed practitioner; in independent
34private instruction provided by an individual to not more
35than four unrelated students; or private instruction by a
-6-1nonlicensed parent, guardian, or legal custodian.
   2“Competent private instruction” is defined in statute to
3mean private instruction provided on a daily basis for at least
4148 days during a school year, to be met by attendance for at
5least 37 days each school quarter, by or under the supervision
6of a licensed practitioner, which results in the student making
7adequate progress.
   8Under the bill, private instruction by a parent, guardian,
9or legal custodian is competent private instruction,
10but remains exempt from certain reporting and assessment
11requirements.
   12Currently, a parent, guardian, or legal custodian who
13places a child in private instruction by a nonlicensed person
14may ensure that the results of the child’s annual evaluation
15are reported to the school district of residence and to the
16department of education by June 30, which the bill extends to
17August 1 of the year following the school year in which the
18child was under private instruction.
   19Currently, each child of compulsory attendance age who is
20receiving competent private instruction shall be evaluated
21annually by May 1, which the bill extends to May 31.
   22The bill modifies the Code section establishing requirements
23and responsibilities when a child fails to make adequate
24progress by providing that the Code section shall not be
25construed to require or prohibit testing on any subject matter
26at intervals more frequently or at grade levels other than
27those set forth in Code section 256.7(21)(b)(2), which requires
28annual assessments in mathematics and English language arts for
29students enrolled in grades 3 through 11, and in science for
30students enrolled in grades 5, 8, and 10.
   31Currently, “teaching parent” means a parent, guardian,
32or legal custodian of a student who is currently providing
33competent private instruction to the student, which the bill
34amends to include the parent, guardian, or legal custodian of a
35student receiving private instruction under Code chapter 299A.
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   1Currently, an approved course administered by a teaching
2parent must consist of 30 hours of classroom time, which the
3bill eliminates; and 40 hours of street or highway driving,
4which the bill reduces to 30 hours, and must include 4 hours
5of driving after sunset and before sunrise, which the bill
6reduces to 3 hours. The bill also eliminates the number of
7instructional hours currently required concerning substance
8abuse and railroad crossing safety, adds that regular driver
9education instruction and instruction by a teaching parent must
10include sharing the road with pedestrians, and provides that
11actual classroom hours and minutes required for an approved
12driver education course shall not be required for driver
13education provided by a teaching parent.
   14Currently, the teaching parent must provide evidence
15showing the student’s completion of the requirements for an
16intermediate license. The evidence includes documentation
17that the student is receiving competent private instruction,
18which under the bill includes documentation that the student
19is receiving private instruction under Code chapter 299A, or
20the name of the school district within which the student is
21receiving instruction. Under the bill, the option to provide
22the name of the school district is stricken. Evidence also
23includes copies of written tests completed by the student,
24and the bill adds that in place of these copies, the DOT
25may require lesser documentation. The bill also strikes a
26requirement that the student’s and teaching parent’s name and
27initials be noted next to each entry on a log of completed
28street or highway driving instruction.
   29The bill also provides that Code section 321.178A shall not
30be construed to require a teaching parent to apply for or seek
31approval of the DOT separate from the course completion and
32certification established in the Code section.
   33The bill makes conforming changes.
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