Read the full stored bill text
House
File
2366
-
Introduced
HOUSE
FILE
2366
BY
GUSTOFF
and
FETT
A
BILL
FOR
An
Act
relating
to
education,
including
by
modifying
provisions
1
related
to
private
instruction
and
dual
enrollment,
and
2
including
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
299.4,
subsection
1,
Code
2026,
is
1
amended
to
read
as
follows:
2
1.
The
parent,
guardian,
or
legal
custodian
of
a
child
3
who
is
of
compulsory
attendance
age,
who
places
the
child
4
under
competent
private
instruction
under
section
299A.2
,
not
5
in
an
accredited
school
or
a
home
school
assistance
program
6
operated
by
a
school
district
or
accredited
nonpublic
school,
7
shall
furnish
a
report
in
duplicate
on
forms
provided
by
the
8
public
school
district,
to
the
district
by
September
1
of
the
9
school
year
in
which
the
child
will
be
under
competent
private
10
instruction.
The
secretary
shall
retain
and
file
one
copy
11
and
forward
the
other
copy
to
the
district’s
area
education
12
agency.
The
report
shall
state
the
name
and
age
of
the
child,
13
the
period
of
time
during
which
the
child
has
been
or
will
be
14
under
competent
private
instruction
for
the
year,
an
outline
15
of
the
course
of
study
,
or
texts
that
will
be
used,
and
the
16
name
and
address
of
the
instructor.
The
parent,
guardian,
or
17
legal
custodian
of
a
child,
who
is
placing
the
child
under
18
competent
private
instruction
for
the
first
time,
shall
also
19
provide
the
district
with
evidence
that
the
child
has
had
the
20
immunizations
required
under
section
139A.8
,
and,
if
the
child
21
is
elementary
school
age,
a
blood
lead
test
in
accordance
with
22
section
135.105D
.
The
term
“outline
of
course
of
study”
shall
23
include
subjects
covered,
lesson
plans,
and
time
spent
on
the
24
areas
of
study.
25
Sec.
2.
Section
299A.1,
subsection
2,
paragraph
b,
Code
26
2026,
is
amended
to
read
as
follows:
27
b.
“Independent
private
instruction”
means
private
28
instruction
that
meets
the
following
criteria:
29
(1)
Is
not
accredited.
30
(2)
Enrolls
not
more
than
four
unrelated
students.
31
(3)
Does
not
charge
tuition,
fees,
or
other
remuneration
for
32
instruction.
33
(4)
(2)
Provides
private
or
religious-based
instruction
as
34
its
primary
purpose.
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(3)
Provides
enrolled
students
in
all
grade
levels
with
1
instruction
in
mathematics,
reading
and
language
arts,
science,
2
and
social
studies.
3
(6)
(4)
Provides,
upon
written
request
from
the
4
superintendent
of
the
school
district
in
which
the
independent
5
private
instruction
is
provided,
or
from
the
director
of
the
6
department
of
education,
a
report
identifying
the
primary
7
instructor,
location,
name
of
the
authority
responsible
for
the
8
independent
private
instruction,
and
the
names
of
the
students
9
enrolled
receiving
the
instruction,
who
need
not
be
related
to
10
the
primary
instructor
.
11
(7)
(5)
Is
not
a
nonpublic
school
and
does
not
provide
12
competent
private
instruction
as
defined
in
this
subsection
.
13
(8)
(6)
Is
exempt
from
all
state
statutes
and
14
administrative
rules
applicable
to
a
school,
a
school
board,
or
15
a
school
district,
except
as
otherwise
provided
in
chapter
299
16
and
this
chapter
.
17
Sec.
3.
Section
299A.8,
subsection
1,
Code
2026,
is
amended
18
to
read
as
follows:
19
1.
If
a
parent,
guardian,
or
legal
custodian
of
a
school-age
20
child
who
is
receiving
competent
private
instruction
under
this
21
chapter
submits
a
request,
the
child
shall
also
be
registered
22
in
a
public
school
for
dual
enrollment
purposes.
If
the
child
23
is
enrolled
in
a
public
school
district
for
dual
enrollment
24
purposes,
the
child
shall
be
permitted
to
participate
in
any
25
academic
activities
in
the
district
and
shall
also
be
permitted
26
to
participate
on
the
same
basis
as
public
school
children
in
27
any
extracurricular
activities
available
to
children
in
the
28
child’s
grade
or
group.
Dual
enrollment
of
a
child
solely
29
for
purposes
of
accessing
the
annual
achievement
evaluation
30
shall
not
constitute
a
dual
enrollment
purpose.
A
child
who
is
31
enrolled
in
a
public
school
for
dual
enrollment
purposes
may
32
receive
any
amount
of
instruction
by
way
of
the
public
school’s
33
academic
programs,
including
offerings
pursuant
to
chapter
34
261E.
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Sec.
4.
Section
299A.10,
Code
2026,
is
amended
to
read
as
1
follows:
2
299A.10
Rulemaking.
3
The
department
of
education
shall
develop
and
recommend
and
4
the
state
board
shall
adopt
rules
to
implement
this
chapter
;
5
provided,
however,
that
the
department
of
education
shall
not
6
develop
or
recommend,
and
the
state
board
shall
not
adopt,
any
7
rule
pertaining
to
independent
private
instruction
.
8
Sec.
5.
NEW
SECTION
.
299A.13
Diplomas
and
credentials.
9
1.
A
diploma
or
credential
issued
by
a
person
who
10
administers
a
program
of
secondary
education
under
competent
11
private
instruction
or
independent
private
instruction
pursuant
12
to
this
chapter
shall
be
deemed
sufficient
to
demonstrate
for
13
all
purposes
that
the
recipient
has
completed
the
program
of
14
secondary
education
and
has
attained
the
equivalent
of
a
high
15
school
diploma.
16
2.
The
state,
a
political
subdivision
of
the
state,
a
17
community
college,
an
institution
of
higher
education
under
18
the
control
of
the
state
board
of
regents,
or
an
accredited
19
private
institution
as
defined
in
section
256.183,
shall
not
20
discriminate
against
any
individual
based
on
the
source
of
the
21
individual’s
diploma
or
credential
and
shall
treat
a
diploma
22
or
credential
awarded
for
completion
of
a
program
of
secondary
23
education
under
competent
private
instruction
or
independent
24
private
instruction
the
same
as
a
high
school
diploma
awarded
25
by
a
school
district
or
accredited
nonpublic
school.
26
Sec.
6.
NEW
SECTION
.
299A.14
Verification
of
enrollment.
27
The
parent,
guardian,
or
legal
custodian
of
a
child
of
28
compulsory
attendance
age
shall
have
the
authority
to
execute
29
any
document
required
by
law
to
verify
any
of
the
following:
30
1.
The
placement
of
a
child
under
competent
private
31
instruction
or
independent
private
instruction.
32
2.
The
child’s
full-time
or
part-time
status
in
competent
33
private
instruction
or
independent
private
instruction.
34
3.
The
grades
the
child
has
obtained
in
competent
private
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instruction
or
independent
private
instruction.
1
4.
Any
other
required
educational
information.
2
Sec.
7.
EFFECTIVE
DATE.
The
following,
being
deemed
of
3
immediate
importance,
take
effect
upon
enactment:
4
1.
The
section
of
this
Act
enacting
section
299A.13.
5
2.
The
section
of
this
Act
enacting
section
299A.14.
6
Sec.
8.
APPLICABILITY.
The
following
applies
to
any
7
diplomas
or
credentials
issued
before,
on,
or
after
the
8
effective
date
of
this
Act:
9
The
section
of
this
Act
enacting
section
299A.13.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
education,
including
by
modifying
14
provisions
related
to
private
instruction
and
dual
enrollment.
15
Current
law
authorizes
the
parent,
guardian,
or
legal
16
custodian
of
a
child
of
compulsory
attendance
age
to
place
17
the
child
under
competent
private
instruction
or
independent
18
private
instruction.
Current
law
requires
a
child’s
parent,
19
guardian,
or
legal
custodian
who
is
placing
the
child
under
20
competent
private
instruction
for
the
first
time
to
provide
21
the
child’s
school
district
of
residence
with
evidence
that
22
the
child
has
had
the
immunizations
required
under
Code
23
section
139A.8
(immunization
of
children),
and,
if
the
child
24
is
elementary
school
age,
a
blood
lead
test.
The
bill
strikes
25
this
requirement.
26
Current
law
requires
a
child’s
parent,
guardian,
or
legal
27
custodian
who
places
the
child
under
competent
private
28
instruction
to
furnish
a
report
to
the
school
district
of
29
residence
by
September
1
of
the
school
year
in
which
the
child
30
will
be
under
competent
private
instruction
that
includes
an
31
outline
of
course
of
study,
among
other
requirements.
An
32
outline
of
course
of
study
must
include
subjects
covered,
33
lesson
plans,
and
time
spent
on
the
areas
of
study.
The
34
bill
requires
this
report
to
state
the
name
and
age
of
the
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child,
the
period
of
time
during
which
the
child
will
be
under
1
competent
private
instruction
for
the
year,
an
outline
of
the
2
course
of
study
or
texts
that
will
be
used,
and
the
name
and
3
address
of
the
instructor.
The
bill
strikes
the
definition
of
4
“outline
of
course
of
study”.
5
Current
law
provides
that
independent
private
instruction
6
is
private
instruction
that,
among
other
criteria,
enrolls
not
7
more
than
four
unrelated
students
and
does
not
charge
tuition
8
or
fees
for
instruction.
The
bill
strikes
these
provisions.
9
The
bill
provides
that
independent
private
instruction
10
is
required
to
provide
students
in
all
grade
levels
with
11
instruction
in
mathematics,
reading
and
language
arts,
science,
12
and
social
studies.
The
bill
also
provides
that
the
students
13
receiving
independent
private
instruction
need
not
be
related
14
to
the
primary
instructor.
15
Pursuant
to
administrative
rule
adopted
by
the
department
of
16
education,
a
child
under
dual
enrollment
must
receive
at
least
17
one-quarter
of
the
child’s
instruction
by
way
of
competent
18
private
instruction
and
no
more
than
three-quarters
by
way
19
of
a
school
district’s
academic
programs.
The
bill
renders
20
the
department’s
administrative
rule
void
by
providing
that
a
21
child
who
is
enrolled
in
a
school
district
for
dual
enrollment
22
purposes
may
receive
any
amount
of
instruction
by
way
of
the
23
school
district’s
academic
programs,
including
offerings
24
pursuant
to
Code
chapter
261E
(senior
year
plus
program).
25
Current
law
requires
the
department
of
education
to
26
develop
and
recommend,
and
requires
the
state
board
of
27
education
to
adopt,
rules
to
implement
Code
chapter
299A
28
(private
instruction).
The
bill
prohibits
the
department
from
29
developing
or
recommending,
and
prohibits
the
state
board
30
from
adopting,
any
rule
pertaining
to
independent
private
31
instruction.
32
The
bill
provides
that
a
diploma
or
credential
issued
by
33
a
person
who
administers
a
program
of
secondary
education
34
under
competent
private
instruction
or
independent
private
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instruction
pursuant
to
Code
chapter
299A
shall
be
deemed
1
sufficient
to
demonstrate
that
the
recipient
has
completed
the
2
program
of
secondary
education
and
has
attained
the
equivalent
3
of
a
high
school
diploma.
This
provision
takes
effect
upon
4
enactment
and
applies
to
any
diplomas
or
credentials
issued
5
before,
on,
or
after
the
new
Code
section’s
effective
date.
6
The
bill
prohibits
the
state,
a
political
subdivision
of
the
7
state,
a
community
college,
institutions
of
higher
education
8
under
the
control
of
the
state
board
of
regents,
or
an
9
accredited
private
institution
from
discriminating
against
any
10
individual
based
on
the
source
of
the
individual’s
diploma
or
11
credential
and
shall
treat
a
diploma
or
credential
awarded
for
12
completion
of
a
program
of
secondary
education
under
competent
13
private
instruction
or
independent
private
instruction
the
14
same
as
a
high
school
diploma
awarded
by
a
school
district
or
15
accredited
nonpublic
school.
This
provision
takes
effect
upon
16
enactment
and
applies
to
any
diplomas
or
credentials
issued
17
before,
on,
or
after
the
new
Code
section’s
effective
date.
18
The
bill
provides
that
the
parent,
guardian,
or
legal
19
custodian
of
a
child
of
compulsory
attendance
age
shall
20
have
the
authority
to
execute
any
document
required
by
law
21
to
verify
the
placement
of
a
child
under
competent
private
22
instruction
or
independent
private
instruction,
the
child’s
23
full-time
or
part-time
status
in
competent
private
instruction
24
or
independent
private
instruction,
the
grades
the
child
has
25
obtained
in
competent
private
instruction
or
independent
26
private
instruction,
or
any
other
required
educational
27
information.
28
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