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Senate File 391 - IntroducedA Bill ForAn Act 1relating to independent private instruction and to
2funding for the home school assistance program.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 257.6, subsection 1, paragraph a,
2subparagraph (5), Code 2017, is amended to read as follows:
3(5) Resident pupils receiving competent private instruction
4from a licensed practitioner provided through a public
5school district pursuant to chapter 299A shall be counted as
6three-tenths four-tenths of one pupil. Revenues received by
7a school district attributed to a school district’s weighted
8enrollment pursuant to this subparagraph shall be expended
9for the purpose for which the weighting was assigned under
10this subparagraph. If the school district determines that
11the expenditures associated with providing competent private
12instruction pursuant to chapter 299A are in excess of the
13revenue attributed to the school district’s weighted enrollment
14for such instruction in accordance with this subparagraph,
15the school district may submit a request to the school budget
16review committee for a modified supplemental amount in
17accordance with section 257.31, subsection 5, paragraph “n”.
18A home school assistance program shall not provide moneys
19received pursuant to this subparagraph, nor resources paid
20for with moneys received pursuant to this subparagraph, to
21parents or students utilizing the program. Moneys received by
22a school district pursuant to this subparagraph shall be used
23as provided in section 299A.12.
24 Sec. 2. Section 299.4, subsection 1, Code 2017, is amended
25to read as follows:
261. The parent, guardian, or legal custodian of a child
27who is of compulsory attendance age, who places the child
28under competent private instruction under section 299A.2 or
29in independent private instruction under chapter 299A, not
30in an accredited school or a home school assistance program
31operated by a school district or accredited nonpublic school,
32shall furnish a report in duplicate on forms provided by to
33 the public school district, to in the manner specified by the
34district, by September 1 of the school year in which the child
35will be under competent private instruction or in independent
-1-1private instruction. The secretary shall retain and file one
2copy the report and forward the other a copy to the district’s
3area education agency. The report shall state the name and
4age of the child, the period of time during which the child
5has been or will be under competent private instruction or
6in independent private instruction for the year, an outline
7of the course of study, texts used, and the name and address
8of the instructor. The parent, guardian, or legal custodian
9of a child, who is placing the child under competent private
10instruction or in independent private instruction for the first
11time, shall also provide the district with evidence that the
12child has had the immunizations required under section 139A.8,
13and, if the child is elementary school age, a blood lead test
14in accordance with section 135.105D. The term “outline of
15course of study” shall include subjects covered, lesson plans,
16and time spent on the areas of study.
17 Sec. 3. Section 299A.4, subsections 1, 2, 3, and 4, Code
182017, are amended to read as follows:
191. Each child of compulsory attendance age who is
20receiving competent private instruction or independent private
21instruction shall either be evaluated annually by May 1, using
22a nationally recognized standardized achievement evaluation or
23other assessment tool developed or recognized by the department
24of education and chosen by the child’s parent, guardian,
25or legal custodian from a list of approved evaluations or
26assessment tools provided by the department of education or
27be evaluated annually in the manner provided in subsection
287. The department shall provide information on the cost of
29and the administration time required for each of the approved
30evaluations. The department shall provide, as part of approval
31procedures for evaluations to be used under this section, a
32mechanism which permits the introduction and approval of new
33or alternate methods of educational assessment which meet the
34requirements of this chapter.
352. A child, who is seven years of age and is receiving
-2-1competent private instruction or independent private
2instruction or who is placed under competent private such
3 instruction for the first time, shall be administered an
4evaluation for purposes of obtaining educational baseline data.
53. The director of the department of education, or the
6director’s designee, which may include a school district or an
7area education agency, shall conduct the evaluations required
8under subsections 1 and 2 for children under competent private
9instruction or independent private instruction. Evaluation
10shall occur at a time and a place to be determined by the person
11responsible for conducting the evaluation. Persons conducting
12the evaluations shall make every reasonable effort to conduct
13the evaluations at times and places which are convenient either
14 for the parent, guardian, or legal custodian if the child is
15receiving competent private instruction, or for the authority
16responsible for the independent private instruction if the
17child is receiving independent private instruction.
184. The parent, guardian, or legal custodian of a child
19receiving competent private instruction or independent private
20instruction may be present when the child is evaluated,
21but only if both the parent, guardian, or legal custodian
22and the child are under the supervision of the evaluation
23administrator. The authority responsible for the independent
24private instruction may also be present when the child
25receiving independent private instruction is evaluated, but
26only if the persons present are all under the supervision of
27the evaluation administrator.
28 Sec. 4. Section 299A.4, subsection 7, paragraph a,
29subparagraph (3), Code 2017, is amended to read as follows:
30(3) Completed assessment evaluations, other than the
31annual achievement evaluation, if assessment evaluations are
32administered to a pupil as part of the competent private
33instruction by the parent, guardian, or legal custodian or
34as part of independent private instruction by the authority
35responsible for the independent private instruction.
-3-1 Sec. 5. Section 299A.5, Code 2017, is amended to read as
2follows:
3299A.5 Reporting of evaluation results.
41. The results of evaluations administered to children
5of compulsory attendance age who are under sections 299A.3,
6299A.4, and 299A.9 shall be reported to the following:
7a. For children receivingcompetent private instruction
8or independent private instruction, the evaluation shall be
9reported by the evaluation administrator to the child’s parent,
10guardian, or legal custodian, the and for children receiving
11independent private instruction, to the authority responsible
12for providing the independent private instruction.
13b. Theschool district of residence of the child, and the.
14c. Thedepartment of education.
152. Personally identifiable information relating to or
16contained in the evaluation scores is confidential and shall
17not be released without the prior consent of the child’s
18parent, guardian, or custodian except as otherwise permitted
19by law.
20 Sec. 6. Section 299A.6, Code 2017, is amended to read as
21follows:
22299A.6 Failure to make adequate progress.
231. If the results of evaluations, administered to a child
24of compulsory attendance age who is under competent private
25instruction or receiving independent private instruction,
26indicate that the student child has failed to make adequate
27progress, the parent, guardian, or legal custodian shall
28cause the child to attend an accredited public or nonpublic
29school at the beginning of the next school year unless, before
30the beginning of the next school year, the child retakes a
31different form of the same evaluation, or another evaluation
32from the approved list of tests or assessment tools recognized
33by the department of education, and the results indicate that
34adequate progress has been made, the child has demonstrated
35adequate performance in the opinion of an evaluator and
-4-1documented in a report under section 299A.4, subsection 7, or
2the director of the department of education, or the director’s
3designee, grants approval for competent private instruction or
4independent private instruction to continue under a plan for
5remediation.
62. A child who is required to attend an accredited public or
7nonpublic school under this section shall continue attendance
8at an accredited public or nonpublic school until the child
9achieves adequate progress.
103. For purposes of this chapter, “adequate progress”
11means, for children in all grade levels of competent private
12instruction or independent private instruction, evaluation
13scores which are above the thirtieth percentile, nationally
14normed, in each of the areas of reading, mathematics, and
15language arts, and which indicate either that the child has
16made six months’ progress from the previous evaluation results
17or that the child is at or above grade level for the child’s
18age. For children in grade levels six and above, “adequate
19progress” also means that the child has achieved evaluation
20scores in both science and social studies which are above the
21thirtieth percentile, nationally normed, and which either
22indicate that the child has made six months’ progress from the
23previous evaluation results or that the child is at or above
24grade level for the child’s age.
25 Sec. 7. Section 299A.7, Code 2017, is amended to read as
26follows:
27299A.7 Notice to parents — remediation.
28If a child is placed under competent private instruction
29or is receiving independent private instruction and the
30child fails to make adequate progress under competent private
31instruction, the director of the department of education, or
32the director’s designee, shall notify the parent, guardian,
33or custodian of the child that the child is required to
34attend an accredited public or nonpublic school, unless
35approval for competent private instruction or independent
-5-1private instruction under a remediation plan is granted. The
2director, or the director’s designee, may provisionally approve
3continued competent private instruction or independent private
4instruction under an approved remediation plan designed to
5improve instruction for up to one year.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill establishes reporting and assessment requirements
10for independent private instruction and increases the weighting
11from 0.3 to 0.4 of one pupil for resident pupils receiving
12competent private instruction from a licensed practitioner who
13are enrolled in a school district and receiving services under
14the school district’s home school assistance program.
15The parent, guardian, or legal custodian of a child who
16places the child in independent private instruction must
17furnish a report to the public school district by September 1
18stating the child’s name and age, the period of time the child
19has been or will be in independent private instruction for the
20year, an outline of the course of study, including subjects
21covered, lesson plans, time spent, texts used, and the name
22and address of the instructor; and shall also provide the
23district with evidence that the child has had the required
24immunizations, and, if the child is elementary school age, a
25blood lead test.
26A child in independent private instruction must be
27evaluated for purposes of obtaining educational baseline
28data at age seven and annually by May 1 using a nationally
29recognized standardized achievement evaluation or other
30department-approved assessment tool. Persons conducting the
31evaluations must make every reasonable effort to conduct the
32evaluations at times and places which are convenient for the
33authority responsible for the independent private instruction.
34The parent, guardian, or legal custodian of the child and
35the independent private instruction authority may be present
-6-1when the child is evaluated. Currently, the Code allows
2the submission of alternatives to the annual achievement
3evaluations.
4The evaluation results must be reported to the parent,
5guardian, or legal custodian, and to the authority responsible
6for providing the independent private instruction. If
7the results indicate the child has failed to make adequate
8progress, the parent, guardian, or legal custodian must either
9enroll the child in an accredited public or nonpublic school
10at the beginning of the next school year or retest the child.
11If the results of the retest show adequate progress, the child
12may continue independent private instruction under a plan
13for remediation. Otherwise, the child must continue in an
14accredited school until achieving adequate progress.
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2funding for the home school assistance program.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 257.6, subsection 1, paragraph a,
2subparagraph (5), Code 2017, is amended to read as follows:
3(5) Resident pupils receiving competent private instruction
4from a licensed practitioner provided through a public
5school district pursuant to chapter 299A shall be counted as
6three-tenths four-tenths of one pupil. Revenues received by
7a school district attributed to a school district’s weighted
8enrollment pursuant to this subparagraph shall be expended
9for the purpose for which the weighting was assigned under
10this subparagraph. If the school district determines that
11the expenditures associated with providing competent private
12instruction pursuant to chapter 299A are in excess of the
13revenue attributed to the school district’s weighted enrollment
14for such instruction in accordance with this subparagraph,
15the school district may submit a request to the school budget
16review committee for a modified supplemental amount in
17accordance with section 257.31, subsection 5, paragraph “n”.
18A home school assistance program shall not provide moneys
19received pursuant to this subparagraph, nor resources paid
20for with moneys received pursuant to this subparagraph, to
21parents or students utilizing the program. Moneys received by
22a school district pursuant to this subparagraph shall be used
23as provided in section 299A.12.
24 Sec. 2. Section 299.4, subsection 1, Code 2017, is amended
25to read as follows:
261. The parent, guardian, or legal custodian of a child
27who is of compulsory attendance age, who places the child
28under competent private instruction under section 299A.2 or
29in independent private instruction under chapter 299A, not
30in an accredited school or a home school assistance program
31operated by a school district or accredited nonpublic school,
32shall furnish a report in duplicate on forms provided by to
33 the public school district, to in the manner specified by the
34district, by September 1 of the school year in which the child
35will be under competent private instruction or in independent
-1-1private instruction. The secretary shall retain and file one
2copy the report and forward the other a copy to the district’s
3area education agency. The report shall state the name and
4age of the child, the period of time during which the child
5has been or will be under competent private instruction or
6in independent private instruction for the year, an outline
7of the course of study, texts used, and the name and address
8of the instructor. The parent, guardian, or legal custodian
9of a child, who is placing the child under competent private
10instruction or in independent private instruction for the first
11time, shall also provide the district with evidence that the
12child has had the immunizations required under section 139A.8,
13and, if the child is elementary school age, a blood lead test
14in accordance with section 135.105D. The term “outline of
15course of study” shall include subjects covered, lesson plans,
16and time spent on the areas of study.
17 Sec. 3. Section 299A.4, subsections 1, 2, 3, and 4, Code
182017, are amended to read as follows:
191. Each child of compulsory attendance age who is
20receiving competent private instruction or independent private
21instruction shall either be evaluated annually by May 1, using
22a nationally recognized standardized achievement evaluation or
23other assessment tool developed or recognized by the department
24of education and chosen by the child’s parent, guardian,
25or legal custodian from a list of approved evaluations or
26assessment tools provided by the department of education or
27be evaluated annually in the manner provided in subsection
287. The department shall provide information on the cost of
29and the administration time required for each of the approved
30evaluations. The department shall provide, as part of approval
31procedures for evaluations to be used under this section, a
32mechanism which permits the introduction and approval of new
33or alternate methods of educational assessment which meet the
34requirements of this chapter.
352. A child, who is seven years of age and is receiving
-2-1competent private instruction or independent private
2instruction or who is placed under competent private such
3 instruction for the first time, shall be administered an
4evaluation for purposes of obtaining educational baseline data.
53. The director of the department of education, or the
6director’s designee, which may include a school district or an
7area education agency, shall conduct the evaluations required
8under subsections 1 and 2 for children under competent private
9instruction or independent private instruction. Evaluation
10shall occur at a time and a place to be determined by the person
11responsible for conducting the evaluation. Persons conducting
12the evaluations shall make every reasonable effort to conduct
13the evaluations at times and places which are convenient either
14 for the parent, guardian, or legal custodian if the child is
15receiving competent private instruction, or for the authority
16responsible for the independent private instruction if the
17child is receiving independent private instruction.
184. The parent, guardian, or legal custodian of a child
19receiving competent private instruction or independent private
20instruction may be present when the child is evaluated,
21but only if both the parent, guardian, or legal custodian
22and the child are under the supervision of the evaluation
23administrator. The authority responsible for the independent
24private instruction may also be present when the child
25receiving independent private instruction is evaluated, but
26only if the persons present are all under the supervision of
27the evaluation administrator.
28 Sec. 4. Section 299A.4, subsection 7, paragraph a,
29subparagraph (3), Code 2017, is amended to read as follows:
30(3) Completed assessment evaluations, other than the
31annual achievement evaluation, if assessment evaluations are
32administered to a pupil as part of the competent private
33instruction by the parent, guardian, or legal custodian or
34as part of independent private instruction by the authority
35responsible for the independent private instruction.
-3-1 Sec. 5. Section 299A.5, Code 2017, is amended to read as
2follows:
3299A.5 Reporting of evaluation results.
41. The results of evaluations administered to children
5of compulsory attendance age who are under sections 299A.3,
6299A.4, and 299A.9 shall be reported to the following:
7a. For children receivingcompetent private instruction
8or independent private instruction, the evaluation shall be
9reported by the evaluation administrator to the child’s parent,
10guardian, or legal custodian, the and for children receiving
11independent private instruction, to the authority responsible
12for providing the independent private instruction.
13b. Theschool district of residence of the child, and the.
14c. Thedepartment of education.
152. Personally identifiable information relating to or
16contained in the evaluation scores is confidential and shall
17not be released without the prior consent of the child’s
18parent, guardian, or custodian except as otherwise permitted
19by law.
20 Sec. 6. Section 299A.6, Code 2017, is amended to read as
21follows:
22299A.6 Failure to make adequate progress.
231. If the results of evaluations, administered to a child
24of compulsory attendance age who is under competent private
25instruction or receiving independent private instruction,
26indicate that the student child has failed to make adequate
27progress, the parent, guardian, or legal custodian shall
28cause the child to attend an accredited public or nonpublic
29school at the beginning of the next school year unless, before
30the beginning of the next school year, the child retakes a
31different form of the same evaluation, or another evaluation
32from the approved list of tests or assessment tools recognized
33by the department of education, and the results indicate that
34adequate progress has been made, the child has demonstrated
35adequate performance in the opinion of an evaluator and
-4-1documented in a report under section 299A.4, subsection 7, or
2the director of the department of education, or the director’s
3designee, grants approval for competent private instruction or
4independent private instruction to continue under a plan for
5remediation.
62. A child who is required to attend an accredited public or
7nonpublic school under this section shall continue attendance
8at an accredited public or nonpublic school until the child
9achieves adequate progress.
103. For purposes of this chapter, “adequate progress”
11means, for children in all grade levels of competent private
12instruction or independent private instruction, evaluation
13scores which are above the thirtieth percentile, nationally
14normed, in each of the areas of reading, mathematics, and
15language arts, and which indicate either that the child has
16made six months’ progress from the previous evaluation results
17or that the child is at or above grade level for the child’s
18age. For children in grade levels six and above, “adequate
19progress” also means that the child has achieved evaluation
20scores in both science and social studies which are above the
21thirtieth percentile, nationally normed, and which either
22indicate that the child has made six months’ progress from the
23previous evaluation results or that the child is at or above
24grade level for the child’s age.
25 Sec. 7. Section 299A.7, Code 2017, is amended to read as
26follows:
27299A.7 Notice to parents — remediation.
28If a child is placed under competent private instruction
29or is receiving independent private instruction and the
30child fails to make adequate progress under competent private
31instruction, the director of the department of education, or
32the director’s designee, shall notify the parent, guardian,
33or custodian of the child that the child is required to
34attend an accredited public or nonpublic school, unless
35approval for competent private instruction or independent
-5-1private instruction under a remediation plan is granted. The
2director, or the director’s designee, may provisionally approve
3continued competent private instruction or independent private
4instruction under an approved remediation plan designed to
5improve instruction for up to one year.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill establishes reporting and assessment requirements
10for independent private instruction and increases the weighting
11from 0.3 to 0.4 of one pupil for resident pupils receiving
12competent private instruction from a licensed practitioner who
13are enrolled in a school district and receiving services under
14the school district’s home school assistance program.
15The parent, guardian, or legal custodian of a child who
16places the child in independent private instruction must
17furnish a report to the public school district by September 1
18stating the child’s name and age, the period of time the child
19has been or will be in independent private instruction for the
20year, an outline of the course of study, including subjects
21covered, lesson plans, time spent, texts used, and the name
22and address of the instructor; and shall also provide the
23district with evidence that the child has had the required
24immunizations, and, if the child is elementary school age, a
25blood lead test.
26A child in independent private instruction must be
27evaluated for purposes of obtaining educational baseline
28data at age seven and annually by May 1 using a nationally
29recognized standardized achievement evaluation or other
30department-approved assessment tool. Persons conducting the
31evaluations must make every reasonable effort to conduct the
32evaluations at times and places which are convenient for the
33authority responsible for the independent private instruction.
34The parent, guardian, or legal custodian of the child and
35the independent private instruction authority may be present
-6-1when the child is evaluated. Currently, the Code allows
2the submission of alternatives to the annual achievement
3evaluations.
4The evaluation results must be reported to the parent,
5guardian, or legal custodian, and to the authority responsible
6for providing the independent private instruction. If
7the results indicate the child has failed to make adequate
8progress, the parent, guardian, or legal custodian must either
9enroll the child in an accredited public or nonpublic school
10at the beginning of the next school year or retest the child.
11If the results of the retest show adequate progress, the child
12may continue independent private instruction under a plan
13for remediation. Otherwise, the child must continue in an
14accredited school until achieving adequate progress.
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