Iowa-2017-HF2293-Introduced
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:
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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.
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