House File 368 - IntroducedA Bill ForAn Act 1relating to private instruction.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 261E.8, subsection 2, Code 2017, is
2amended to read as follows:
   32.  Students from accredited nonpublic schools and students
4receiving competent private instruction or independent private
5instruction
under chapter 299A may access the program through
6the school district in which the accredited nonpublic school or
7private institution is located.
8   Sec. 2.  Section 299.1, subsection 1, Code 2017, is amended
9to read as follows:
   101.  Except as provided in section 299.2, the parent,
11guardian, or legal or actual custodian of a child who is of
12compulsory attendance age shall cause the child to attend some
13public school or an accredited nonpublic school, or place
14the child under competent private instruction or independent
15private instruction
in accordance with the provisions of
16chapter 299A, during a school year, as defined under section
17279.10.
18   Sec. 3.  Section 299.1B, Code 2017, is amended to read as
19follows:
   20299.1B  Failure to attend — driver’s license.
   21A person who is of compulsory attendance age who does
22not meet the requirements for an exception under section
23299.2, who
does not attend a public school or an accredited
24nonpublic school, who is not receiving competent private
25instruction or independent private instruction in accordance
26with the provisions of chapter 299A, and who does not attend
27an alternative school or adult education classes, shall not
28receive an intermediate or full driver’s license until age
29eighteen.
30   Sec. 4.  Section 299.4, subsection 1, Code 2017, is amended
31to read as follows:
   321.  The parent, guardian, or legal custodian of a child who
33is of compulsory attendance age, who places the child under
34competent private instruction under either section 299A.2 or
35299A.3
, not in an accredited school or a home school assistance
-1-1program operated by a school district or accredited nonpublic
2school, shall furnish a report in duplicate on forms provided
3by the public school district, to the district by September 1
4of the school year in which the child will be under competent
5private instruction. The secretary shall retain and file
6one copy and forward the other copy to the district’s area
7education agency. The report shall state the name and age of
8the child, the period of time during which the child has been
9or will be under competent private instruction for the year,
10an outline of the course of study, texts used, and the name
11and address of the instructor. The parent, guardian, or legal
12custodian of a child, who is placing the child under competent
13private instruction for the first time, shall also provide the
14district with evidence that the child has had the immunizations
15required under section 139A.8, and, if the child is elementary
16school age, a blood lead test in accordance with section
17135.105D. The term “outline of course of study” shall include
18subjects covered, lesson plans, and time spent on the areas of
19study.
20   Sec. 5.  Section 299.6A, subsection 1, Code 2017, is amended
21to read as follows:
   221.  In lieu of a criminal proceeding under section 299.6,
23a county attorney may bring a civil action against a parent,
24guardian, or legal or actual custodian of a child who is of
25compulsory attendance age, has not completed educational
26requirements, and is truant, if the parent, guardian, or legal
27or actual custodian has failed to cause the child to attend a
28public school or an accredited nonpublic school, or to place
29the child under competent private instruction or independent
30private instruction
in the manner provided in this chapter. If
31the court finds that the parent, guardian, or legal or actual
32custodian has failed to cause the child to attend as required
33in this section, the court shall assess a civil penalty of not
34less than one hundred but not more than one thousand dollars
35for each violation established.
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1   Sec. 6.  Section 299.8, Code 2017, is amended to read as
2follows:
   3299.8  “Truant” defined.
   4Any child of compulsory attendance age who fails to attend
5school as provided in this chapter, or as required by the
6school board’s or school governing body’s attendance policy,
7or who fails to attend competent private instruction or
8independent private instruction
under chapter 299A, without
9reasonable excuse for the absence, shall be deemed to be a
10truant. A finding that a child is truant, however, shall not
11by itself mean that the child is a child in need of assistance
12within the meaning of chapter 232 and shall not be the sole
13basis for a child in need of assistance petition.
14   Sec. 7.  Section 299.11, subsection 1, Code 2017, is amended
15to read as follows:
   161.  The truancy officer may take into custody without
17warrant any apparently truant child and place the child
18in the charge of the school principal, or the principal’s
19designee, designated by the board of directors of the school
20district in which the child resides, or in the charge of any
21nonpublic school or any authority providing competent private
22instruction or independent private instruction as defined in
23section 299A.1, designated by the parent, guardian, or legal
24or actual custodian; but if it is other than a public school,
25the instruction and maintenance of the child shall be without
26expense to the school district. If a child is taken into
27custody under this section, the truancy officer shall make
28every reasonable attempt to immediately notify the parent,
29guardian, or legal or actual custodian of the child’s location.
30   Sec. 8.  Section 299.12, subsection 2, Code 2017, is amended
31to read as follows:
   322.  This section is not applicable to a child who is
33receiving competent private instruction or independent private
34instruction
in accordance with the requirements of chapter
35299A. If a child is not in compliance with the attendance
-3-1requirements established under section 299.1, and has not
2completed educational requirements through the sixth grade,
3and the school has used every means available to assure the
4child does attend, the school truancy officer shall contact
5the child’s parent, guardian, or legal or actual custodian to
6participate in an attendance cooperation meeting. The parties
7to the attendance cooperation meeting may include the child
8and shall include the child’s parent, guardian, or legal or
9actual custodian and the school truancy officer. The school
10truancy officer contacting the participants in the attendance
11cooperation meeting may invite other school officials, a
12designee of the juvenile court, the county attorney or the
13county attorney’s designee, or other persons deemed appropriate
14to participate in the attendance cooperation meeting.
15   Sec. 9.  Section 299A.1, Code 2017, is amended to read as
16follows:
   17299A.1   Competent private Private instruction and independent
18private instruction
.
   191.  The parent, guardian, or legal custodian of a child of
20compulsory attendance age who places the child under private
21instruction shall provide, unless otherwise exempted, competent
22private instruction or independent private instruction in
23accordance with this chapter. A parent, guardian, or legal
24custodian of a child of compulsory attendance age who places
25the child under private instruction which is not competent
26private instruction or independent private instruction,
27or otherwise fails to comply with the requirements of this
28chapter, is subject to the provisions of sections 299.1 through
29299.4 and the penalties provided in section 299.6.
   302.  For purposes of this chapter and chapter 299:
   31a.  “Competent private instruction” means private instruction
32provided on a daily basis for at least one hundred forty-eight
33days during a school year, to be met by attendance for at
34least thirty-seven days each school quarter, by or under the
35supervision of a licensed practitioner in the manner provided
-4-1under section 299A.2, or a parent, guardian, or legal custodian
2under section 299A.3,
which results in the student making
3adequate progress.
   4b.  “Independent private instruction” means instruction that
5meets the following criteria:
   6(1)  Is not accredited.
   7(2)  Enrolls not more than four unrelated students.
   8(3)  Does not charge tuition, fees, or other remuneration for
9instruction.
   10(4)  Provides private or religious-based instruction as its
11primary purpose.
   12(5)  Provides enrolled students with instruction in
13mathematics, reading and language arts, science, and social
14studies.
   15(6)  Provides, upon written request from the superintendent
16of the school district in which the independent private
17instruction is provided, or from the director of the department
18of education, a report identifying the primary instructor,
19location, name of the authority responsible for the independent
20private instruction, and the names of the students enrolled.
   21(7)  Is not a nonpublic school and does not provide competent
22private instruction as defined in this subsection.
   23(8)  Is exempt from all state statutes and administrative
24rules applicable to a school, a school board, or a school
25district, except as otherwise provided in chapter 299 and this
26chapter.
   27c.    b.  “Private instruction” means instruction using a
28plan and a course of study in a setting other than a public or
29organized accredited nonpublic school.
30   Sec. 10.  Section 299A.3, unnumbered paragraph 1, Code 2017,
31is amended to read as follows:
   32A parent, guardian, or legal custodian of a child of
33compulsory attendance age providing competent private
34instruction to the child may shall meet all of the following
35requirements:
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1   Sec. 11.  Section 299A.11, Code 2017, is amended to read as
2follows:
   3299A.11  Student records confidential.
   4Notwithstanding any provision of law or rule to the
5contrary, personal information in records regarding a child
6receiving competent private instruction or independent private
7instruction
pursuant to this chapter, which are maintained,
8created, collected, or assembled by or for a state agency,
9shall be kept confidential in the same manner as personal
10information in student records maintained, created, collected,
11or assembled by or for a school corporation or educational
12institution in accordance with section 22.7, subsection 1.
13   Sec. 12.  Section 321.178, subsection 1, paragraph c, Code
142017, is amended to read as follows:
   15c.  Every public school district in Iowa shall offer
16or make available to all students residing in the school
17district, or Iowa students attending a nonpublic school or
18receiving competent private instruction or independent private
19instruction as defined in section 299A.1,
in the district, an
20approved course in driver education. The receiving district
21shall be the school district responsible for making driver
22education available to a student participating in open
23enrollment under section 282.18. The courses may be offered
24at sites other than at the public school, including nonpublic
25school facilities within the public school districts. An
26approved course offered during the summer months, on Saturdays,
27after regular school hours during the regular terms or partly
28in one term or summer vacation period and partly in the
29succeeding term or summer vacation period, as the case may
30be, shall satisfy the requirements of this section to the
31same extent as an approved course offered during the regular
32school hours of the school term. A student who successfully
33completes and obtains certification in an approved course in
34driver education or an approved course in motorcycle education
35may, upon proof of such fact, be excused from any field test
-6-1which the student would otherwise be required to take in
2demonstrating the student’s ability to operate a motor vehicle.
3A student shall not be excused from any field test if a parent,
4guardian, or instructor requests that a test be administered.
5A final field test prior to a student’s completion of an
6approved course shall be administered by a person qualified
7as a classroom driver education instructor and certified to
8provide street and highway driving instruction. A person
9qualified as a classroom driver education instructor but not
10certified to provide street and highway driving instruction
11may administer the final field test if accompanied by another
12person qualified to provide street and highway driving
13instruction.
14   Sec. 13.  Section 321.180B, subsection 2, paragraph a, Code
152017, is amended to read as follows:
   16a.  The department may issue an intermediate driver’s
17license to a person sixteen or seventeen years of age who
18possesses an instruction permit issued under subsection 1 or
19a comparable instruction permit issued by another state for a
20minimum of twelve months immediately preceding application,
21and who presents an affidavit signed by a parent, guardian, or
22custodian on a form to be provided by the department that the
23permittee has accumulated a total of twenty hours of street
24or highway driving of which two hours were conducted after
25sunset and before sunrise and the street or highway driving was
26with the permittee’s parent, guardian, custodian, instructor,
27a person certified by the department, or a person at least
28twenty-five years of age who had written permission from a
29parent, guardian, or custodian to accompany the permittee, and
30whose driving privileges have not been suspended, revoked,
31or barred under this chapter or chapter 321J during, and who
32has been accident and violation free continuously for, the
33six-month period immediately preceding the application for an
34intermediate license. An applicant for an intermediate license
35must meet the requirements of section 321.186, including
-7-1satisfactory completion of driver education as required in
2section 321.178 or 321.178A, and payment of the required
3license fee before an intermediate license will be issued. A
4person issued an intermediate license must limit the number of
5passengers in the motor vehicle when the intermediate licensee
6is operating the motor vehicle to the number of passenger
7safety belts. In addition, unless waived by the person’s
8parent or guardian at the time the intermediate license is
9issued, for the first six months following issuance of the
10license, a person issued an intermediate license must limit the
11number of unrelated minor passengers in the motor vehicle when
12the intermediate licensee is operating the motor vehicle to
13one, except when the intermediate licensee is accompanied in
14accordance with subsection 1. For purposes of this subsection,
15“unrelated minor passenger” means a passenger who is under
16eighteen years of age and who is not a sibling of the driver, a
17stepsibling of the driver, or a child who resides in the same
18household as the driver. The department shall prescribe the
19form for waiver of the six-month restriction on unrelated minor
20passengers, which may be in an electronic format, and shall
21designate characteristics for the intermediate license that
22shall distinguish between an intermediate license that includes
23the six-month restriction on unrelated minor passengers and
24an intermediate license that does not include the six-month
25restriction on unrelated minor passengers.
26   Sec. 14.  REPEAL.  Section 321.178A, Code 2017, is repealed.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
   30This bill eliminates changes made relating to private
31instruction, including independent private instruction and
32driver education by a teaching parent, made in 2013 Iowa Acts,
33chapter 121, divisions X, XII, and XIII.
   34The bill requires that a parent, guardian, or legal
35custodian of a child of compulsory attendance age placed under
-8-1competent private instruction by a parent, guardian, or legal
2custodian submit to the school district of residence a report
3that states the name and age of the child and the period of
4time the child has been or will be under competent private
5instruction and includes an outline of course study and texts
6used, and the name and address of the instructor, and evidence
7of immunization. The bill also requires the parent, guardian,
8or legal custodian to ensure that the child is evaluated
9annually, and to ensure that the results of the child’s annual
10evaluation are reported to the school districts.
   11The bill eliminates language that establishes an option for
12independent private instruction under Code chapter 299A and
13makes corresponding changes.
   14The bill modifies the definition of “competent private
15instruction” to include instruction by or under the supervision
16of a parent, guardian, or legal custodian.
   17The bill also repeals Code section 321.178A, which allows a
18parent, guardian, or legal custodian who is providing competent
19private instruction to a student to teach the student driver
20education provided the parent, guardian, or legal custodian has
21a valid driver’s license that permits unaccompanied driving and
22has a clear driving record for the previous two years.
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