Bill Text: IA HF2293 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to private instruction by adding reporting requirements and requiring school districts to conduct health and safety visits for children placed under competent private instruction, independent private instruction, or private instruction.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2018-02-08 - Introduced, referred to Human Resources. H.J. 236. [HF2293 Detail]

Download: Iowa-2017-HF2293-Introduced.html

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House File 2293 - Introduced




                                 HOUSE FILE       
                                 BY  HUNTER, T. TAYLOR,
                                     OLDSON, KACENA,
                                     BROWN=POWERS, STAED,
                                     STECKMAN, MASCHER,
                                     LENSING, and KRESSIG

                                      A BILL FOR

  1 An Act relating to private instruction by adding reporting
  2    requirements and requiring school districts to conduct
  3    health and safety visits for children placed under competent
  4    private instruction, independent private instruction, or
  5    private instruction.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5970YH (5) 87
    kh/jh

PAG LIN



  1  1    Section 1.  Section 299.4, subsection 1, Code 2018, is
  1  2 amended to read as follows:
  1  3    1.  The parent, guardian, or legal custodian of a child who
  1  4 is of compulsory attendance age, who places the child under
  1  5 competent private instruction under section 299A.2, independent
  1  6 private instruction, or private instruction under chapter
  1  7 299A, not in an accredited school or a home school assistance
  1  8 program operated by a school district or accredited nonpublic
  1  9 school, shall furnish to the school district of residence a
  1 10 report in duplicate on forms provided in the form and manner
  1 11 prescribed by the public school district, to the district by
  1 12 September 1 of the school year in which the child will be under
  1 13 competent private instruction, independent private instruction,
  1 14 or private instruction. The secretary shall retain and file
  1 15 one copy and forward the other copy to the district's area
  1 16 education agency. The report shall state the name and age of
  1 17 the child, the period of time during which the child has been
  1 18 or will be under competent private instruction, independent
  1 19 private instruction, or private instruction for the year, an
  1 20 outline of the course of study, texts used, and the name and
  1 21 address of the instructor. The parent, guardian, or legal
  1 22 custodian of a child, who is placing the child under competent
  1 23 private instruction, independent private instruction, or
  1 24 private instruction for the first time, shall also provide the
  1 25 district with evidence that the child has had the immunizations
  1 26 required under section 139A.8, and, if the child is elementary
  1 27 school age, a blood lead test in accordance with section
  1 28 135.105D.  The term "outline of course of study" shall include
  1 29 subjects covered, lesson plans, and time spent on the areas of
  1 30 study.
  1 31    Sec. 2.  Section 299A.1, subsection 2, paragraph b,
  1 32 subparagraph (6), Code 2018, is amended to read as follows:
  1 33    (6)  Provides, upon written request from the superintendent
  1 34 of to the superintendent of the school district in which the
  1 35 independent private instruction is provided, or from the
  2  1 director of the department of education of residence of each
  2  2 student enrolled, a report identifying the primary instructor,
  2  3 location, name of the authority responsible for the independent
  2  4 private instruction, and the names of the students enrolled.
  2  5    Sec. 3.  Section 299A.3, Code 2018, is amended to read as
  2  6 follows:
  2  7    299A.3  Private instruction by nonlicensed person.
  2  8    1.  A parent, guardian, or legal custodian of a child of
  2  9 compulsory attendance age providing private instruction to
  2 10 the child shall complete and send, in a timely manner, the
  2 11 report required under section 299.4 to the school district of
  2 12 residence of the child.
  2 13    2.  A parent, guardian, or legal custodian of a child of
  2 14 compulsory attendance age providing private instruction to the
  2 15 child may meet all either of the following requirements:
  2 16    1.  Complete and send, in a timely manner, the report
  2 17 required under section 299.4 to the school district of
  2 18 residence of the child.
  2 19    2.  a.  Ensure that the child under the parent's, guardian's,
  2 20 or legal custodian's instruction is evaluated annually to
  2 21 determine whether the child is making adequate progress, as
  2 22 defined in section 299A.6.
  2 23    3.  b.  Ensure that the results of the child's annual
  2 24 evaluation are reported to the school district of residence
  2 25 of the child and to the department of education by a date not
  2 26 later than June 30 of each year in which the child is under
  2 27 private instruction.
  2 28    Sec. 4.  NEW SECTION.  299A.13  Health and safety visits.
  2 29    1.  The board of directors of a school district shall
  2 30 conduct quarterly home visits to check on the health and safety
  2 31 of children located within the district who are receiving
  2 32 competent private instruction, independent private instruction,
  2 33 or private instruction.
  2 34    2.  Home visits shall take place in the child's residence
  2 35 with the consent of the parent, guardian, or legal custodian
  3  1 and an interview or observation of the child may be conducted.
  3  2 If permission to enter the home to interview or observe the
  3  3 child is refused, the juvenile court or district court upon
  3  4 a showing of probable cause may authorize the person making
  3  5 the home visit to enter the home and interview or observe the
  3  6 child.
  3  7    3.  The superintendent of the school district shall
  3  8 designate a person to carry out the duties assigned to the
  3  9 school district under this section.  The person designated
  3 10 shall be a mandatory reporter, as defined in section 232.69,
  3 11 subsection 1.  The school district may collaborate with the
  3 12 department of human services, including the local, county, and
  3 13 service area officers of the department, in conducting the home
  3 14 visits required under this section.
  3 15    4.  The department of education, in collaboration with the
  3 16 department of human services, shall provide guidelines to
  3 17 school districts for implementation of this section.
  3 18    Sec. 5.  STATE MANDATE FUNDING SPECIFIED.  In accordance
  3 19 with section 25B.2, subsection 3, the state cost of requiring
  3 20 compliance with any state mandate included in this Act shall
  3 21 be paid by a school district from state school foundation aid
  3 22 received by the school district under section 257.16.  This
  3 23 specification of the payment of the state cost shall be deemed
  3 24 to meet all of the state funding=related requirements of
  3 25 section 25B.2, subsection 3, and no additional state funding
  3 26 shall be necessary for the full implementation of this Act
  3 27 by and enforcement of this Act against all affected school
  3 28 districts.
  3 29                           EXPLANATION
  3 30 The inclusion of this explanation does not constitute agreement with
  3 31 the explanation's substance by the members of the general assembly.
  3 32    This bill requires the parent, guardian, or legal custodian
  3 33 who places a child in independent private instruction or
  3 34 private instruction to submit the same report to the school
  3 35 district of residence that is required for a child placed in
  4  1 competent private instruction, and requires school districts
  4  2 to conduct quarterly home visits to check on the health and
  4  3 safety of children placed under competent private instruction,
  4  4 independent private instruction, or private instruction.
  4  5    The parent, guardian, or legal custodian placing a child
  4  6 under independent private instruction or private instruction
  4  7 must furnish, by September 1 of the academic year to the school
  4  8 district of residence, in the form and manner prescribed by the
  4  9 school, a report that includes the name and age of the child,
  4 10 the period of time during which the child has been or will
  4 11 be under private instruction for the year, an outline of the
  4 12 course of study, texts used, and the name and address of the
  4 13 instructor. The criteria for independent private instruction
  4 14 is modified to require that a report be provided to each
  4 15 student's school district of residence.
  4 16    As currently required for persons filing reports for a child
  4 17 placed in competent private instruction, the first time such
  4 18 a report is filed by a person on behalf of a child placed in
  4 19 independent private instruction or private instruction, the
  4 20 person must also provide the district with evidence that the
  4 21 child has had the immunizations required under Code section
  4 22 139A.8, and, if the child is elementary school age, a blood
  4 23 lead test.  The term "outline of course of study" includes
  4 24 subjects covered, lesson plans, and time spent on the areas of
  4 25 study.
  4 26    The home visits shall take place in the child's residence
  4 27 with the consent of the parent, guardian, or legal custodian
  4 28 and an interview or observation of the child may be conducted.
  4 29 If permission to enter the home to interview or observe the
  4 30 child is refused, the juvenile court or district court upon
  4 31 a showing of probable cause may authorize the person making
  4 32 the home visit to enter the home and interview or observe the
  4 33 child.
  4 34    The superintendent of the school district shall designate a
  4 35 person to carry out the duties assigned to the school district.
  5  1 The person designated shall be a mandatory reporter of child
  5  2 abuse. The department of education, in collaboration with
  5  3 the department of human services, shall provide guidelines to
  5  4 school districts for implementation of the home visits for
  5  5 health and safety.
  5  6    The bill may include a state mandate as defined in Code
  5  7 section 25B.3.  The bill requires that the state cost of
  5  8 any state mandate included in the bill be paid by a school
  5  9 district from state school foundation aid received by the
  5 10 school district under Code section 257.16.  The specification
  5 11 is deemed to constitute state compliance with any state mandate
  5 12 funding=related requirements of Code section 25B.2.  The
  5 13 inclusion of this specification is intended to reinstate the
  5 14 requirement of political subdivisions to comply with any state
  5 15 mandates included in the bill.
       LSB 5970YH (5) 87
       kh/jh