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Senate File 138 - IntroducedA Bill ForAn Act 1relating to private instruction by adding a reporting
2requirement and requiring school districts to conduct health
3and safety visits for the protection of children placed
4under competent private instruction or private instruction.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 299.4, subsection 1, Code 2017, is
2amended to read as follows:
31. The parent, guardian, or legal custodian of a child
4who is of compulsory attendance age, who places the child
5under competent private instruction under section 299A.2, or
6private instruction under section 299A.3, not in an accredited
7school or a home school assistance program operated by a school
8district or accredited nonpublic school, shall furnish to the
9school district of residence a report in duplicate on forms
10provided in the form and manner prescribed by the public school
11district, to the district by September 1 of the school year in
12which the child will be under competent private instruction
13or private instruction. The secretary shall retain and file
14one copy and forward the other copy to the district’s area
15education agency. The report shall state the name and age
16of the child, the period of time during which the child has
17been or will be under competent private instruction or private
18instruction for the year, an outline of the course of study,
19texts used, and the name and address of the instructor. The
20parent, guardian, or legal custodian of a child, who is placing
21the child under competent private instruction or private
22instruction for the first time, shall also provide the district
23with evidence that the child has had the immunizations required
24under section 139A.8, and, if the child is elementary school
25age, a blood lead test in accordance with section 135.105D.
26 The term “outline of course of study” shall include subjects
27covered, lesson plans, and time spent on the areas of study.
28 Sec. 2. Section 299A.3, Code 2017, is amended to read as
29follows:
30299A.3 Private instruction by nonlicensed person.
311. A parent, guardian, or legal custodian of a child of
32compulsory attendance age providing private instruction to
33the child shall complete and send, in a timely manner, the
34report required under section 299.4 to the school district of
35residence of the child.
-1- 12. A parent, guardian, or legal custodian of a child of
2compulsory attendance age providing private instruction to the
3childmay meet all either of the following requirements:
41. Complete and send, in a timely manner, the report
5required under section 299.4 to the school district of
6residence of the child.
72. a. Ensure that the child under the parent’s, guardian’s,
8or legal custodian’s instruction is evaluated annually to
9determine whether the child is making adequate progress, as
10defined in section 299A.6.
113. b. Ensure that the results of the child’s annual
12evaluation are reported to the school district of residence
13of the child and to the department of education by a date not
14later than June 30 of each year in which the child is under
15private instruction.
16 Sec. 3. NEW SECTION. 299A.13 Health and safety visits.
171. The board of directors of a school district shall
18conduct quarterly home visits to check on the health and safety
19of children located within the district who are receiving
20competent private instruction or private instruction.
212. Home visits shall take place in the child’s residence
22with the consent of the parent, guardian, or legal custodian
23and an interview or observation of the child may be conducted.
24If permission to enter the home to interview or observe the
25child is refused, the juvenile court or district court upon
26a showing of probable cause may authorize the person making
27the home visit to enter the home and interview or observe the
28child.
293. The superintendent of the school district shall
30designate a person to carry out the duties assigned to the
31school district under this section. The person designated
32shall be a mandatory reporter, as defined in section 232.69,
33subsection 1. The school district may collaborate with the
34department of human services, including the local, county, and
35service area officers of the department, in conducting the home
-2-1visits required under this section.
24. The department of education, in collaboration with the
3department of human services, shall provide guidelines to
4school districts for implementation of this section.
5 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance
6with section 25B.2, subsection 3, the state cost of requiring
7compliance with any state mandate included in this Act shall
8be paid by a school district from state school foundation aid
9received by the school district under section 257.16. This
10specification of the payment of the state cost shall be deemed
11to meet all of the state funding-related requirements of
12section 25B.2, subsection 3, and no additional state funding
13shall be necessary for the full implementation of this Act
14by and enforcement of this Act against all affected school
15districts.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill requires the parent, guardian, or legal custodian
20who places a child in private instruction to submit the same
21report to the school district of residence that is required for
22a child placed in competent private instruction, and requires
23school districts to conduct quarterly home visits to check
24on the health and safety of children placed under competent
25private instruction or private instruction.
26The parent, guardian, or legal custodian placing a child
27under private instruction must furnish, by September 1 of the
28academic year to the school district of residence, in the form
29and manner prescribed by the school, a report that includes the
30name and age of the child, the period of time during which the
31child has been or will be under private instruction for the
32year, an outline of the course of study, texts used, and the
33name and address of the instructor.
34As currently required for persons filing reports for a child
35placed in competent private instruction, the first time such
-3-1a report is filed by a person on behalf of a child placed in
2private instruction, the person must also provide the district
3with evidence that the child has had the immunizations required
4under Code section 139A.8, and, if the child is elementary
5school age, a blood lead test. The term “outline of course of
6study” includes subjects covered, lesson plans, and time spent
7on the areas of study.
8The home visits shall take place in the child’s residence
9with the consent of the parent, guardian, or legal custodian
10and an interview or observation of the child may be conducted.
11If permission to enter the home to interview or observe the
12child is refused, the juvenile court or district court upon
13a showing of probable cause may authorize the person making
14the home visit to enter the home and interview or observe the
15child.
16The superintendent of the school district shall designate a
17person to carry out the duties assigned to the school district.
18The person designated shall be a mandatory reporter of child
19abuse. The school district may collaborate with the department
20of human services, including the local, county, and service
21area officers of the department. The department of education,
22in collaboration with the department of human services, shall
23provide guidelines to school districts for implementation of
24the home visits for health and safety.
25The bill may include a state mandate as defined in Code
26section 25B.3. The bill requires that the state cost of
27any state mandate included in the bill be paid by a school
28district from state school foundation aid received by the
29school district under Code section 257.16. The specification
30is deemed to constitute state compliance with any state mandate
31funding-related requirements of Code section 25B.2. The
32inclusion of this specification is intended to reinstate the
33requirement of political subdivisions to comply with any state
34mandates included in the bill.
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2requirement and requiring school districts to conduct health
3and safety visits for the protection of children placed
4under competent private instruction or private instruction.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 299.4, subsection 1, Code 2017, is
2amended to read as follows:
31. The parent, guardian, or legal custodian of a child
4who is of compulsory attendance age, who places the child
5under competent private instruction under section 299A.2, or
6private instruction under section 299A.3, not in an accredited
7school or a home school assistance program operated by a school
8district or accredited nonpublic school, shall furnish to the
9school district of residence a report in duplicate on forms
10provided in the form and manner prescribed by the public school
11district, to the district by September 1 of the school year in
12which the child will be under competent private instruction
13or private instruction. The secretary shall retain and file
14one copy and forward the other copy to the district’s area
15education agency. The report shall state the name and age
16of the child, the period of time during which the child has
17been or will be under competent private instruction or private
18instruction for the year, an outline of the course of study,
19texts used, and the name and address of the instructor. The
20parent, guardian, or legal custodian of a child, who is placing
21the child under competent private instruction or private
22instruction for the first time, shall also provide the district
23with evidence that the child has had the immunizations required
24under section 139A.8, and, if the child is elementary school
25age, a blood lead test in accordance with section 135.105D.
26 The term “outline of course of study” shall include subjects
27covered, lesson plans, and time spent on the areas of study.
28 Sec. 2. Section 299A.3, Code 2017, is amended to read as
29follows:
30299A.3 Private instruction by nonlicensed person.
311. A parent, guardian, or legal custodian of a child of
32compulsory attendance age providing private instruction to
33the child shall complete and send, in a timely manner, the
34report required under section 299.4 to the school district of
35residence of the child.
-1- 12. A parent, guardian, or legal custodian of a child of
2compulsory attendance age providing private instruction to the
3childmay meet all either of the following requirements:
41. Complete and send, in a timely manner, the report
5required under section 299.4 to the school district of
6residence of the child.
72. a. Ensure that the child under the parent’s, guardian’s,
8or legal custodian’s instruction is evaluated annually to
9determine whether the child is making adequate progress, as
10defined in section 299A.6.
113. b. Ensure that the results of the child’s annual
12evaluation are reported to the school district of residence
13of the child and to the department of education by a date not
14later than June 30 of each year in which the child is under
15private instruction.
16 Sec. 3. NEW SECTION. 299A.13 Health and safety visits.
171. The board of directors of a school district shall
18conduct quarterly home visits to check on the health and safety
19of children located within the district who are receiving
20competent private instruction or private instruction.
212. Home visits shall take place in the child’s residence
22with the consent of the parent, guardian, or legal custodian
23and an interview or observation of the child may be conducted.
24If permission to enter the home to interview or observe the
25child is refused, the juvenile court or district court upon
26a showing of probable cause may authorize the person making
27the home visit to enter the home and interview or observe the
28child.
293. The superintendent of the school district shall
30designate a person to carry out the duties assigned to the
31school district under this section. The person designated
32shall be a mandatory reporter, as defined in section 232.69,
33subsection 1. The school district may collaborate with the
34department of human services, including the local, county, and
35service area officers of the department, in conducting the home
-2-1visits required under this section.
24. The department of education, in collaboration with the
3department of human services, shall provide guidelines to
4school districts for implementation of this section.
5 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance
6with section 25B.2, subsection 3, the state cost of requiring
7compliance with any state mandate included in this Act shall
8be paid by a school district from state school foundation aid
9received by the school district under section 257.16. This
10specification of the payment of the state cost shall be deemed
11to meet all of the state funding-related requirements of
12section 25B.2, subsection 3, and no additional state funding
13shall be necessary for the full implementation of this Act
14by and enforcement of this Act against all affected school
15districts.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill requires the parent, guardian, or legal custodian
20who places a child in private instruction to submit the same
21report to the school district of residence that is required for
22a child placed in competent private instruction, and requires
23school districts to conduct quarterly home visits to check
24on the health and safety of children placed under competent
25private instruction or private instruction.
26The parent, guardian, or legal custodian placing a child
27under private instruction must furnish, by September 1 of the
28academic year to the school district of residence, in the form
29and manner prescribed by the school, a report that includes the
30name and age of the child, the period of time during which the
31child has been or will be under private instruction for the
32year, an outline of the course of study, texts used, and the
33name and address of the instructor.
34As currently required for persons filing reports for a child
35placed in competent private instruction, the first time such
-3-1a report is filed by a person on behalf of a child placed in
2private instruction, the person must also provide the district
3with evidence that the child has had the immunizations required
4under Code section 139A.8, and, if the child is elementary
5school age, a blood lead test. The term “outline of course of
6study” includes subjects covered, lesson plans, and time spent
7on the areas of study.
8The home visits shall take place in the child’s residence
9with the consent of the parent, guardian, or legal custodian
10and an interview or observation of the child may be conducted.
11If permission to enter the home to interview or observe the
12child is refused, the juvenile court or district court upon
13a showing of probable cause may authorize the person making
14the home visit to enter the home and interview or observe the
15child.
16The superintendent of the school district shall designate a
17person to carry out the duties assigned to the school district.
18The person designated shall be a mandatory reporter of child
19abuse. The school district may collaborate with the department
20of human services, including the local, county, and service
21area officers of the department. The department of education,
22in collaboration with the department of human services, shall
23provide guidelines to school districts for implementation of
24the home visits for health and safety.
25The bill may include a state mandate as defined in Code
26section 25B.3. The bill requires that the state cost of
27any state mandate included in the bill be paid by a school
28district from state school foundation aid received by the
29school district under Code section 257.16. The specification
30is deemed to constitute state compliance with any state mandate
31funding-related requirements of Code section 25B.2. The
32inclusion of this specification is intended to reinstate the
33requirement of political subdivisions to comply with any state
34mandates included in the bill.
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