Bill Summary – FastDemocracy

Senate Study Bill 1219 - Introduced
                                  SENATE FILE _____
                                  BY (PROPOSED COMMITTEE
                                      ON EDUCATION BILL BY
                                      CHAIRPERSON SINCLAIR)
                            A BILL FOR
An Act relating to private instruction and driver education
  provided by a teaching parent.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 256.11, subsection 17, paragraph c,
 subparagraph (3), Code 2021, is amended to read as follows:
    (3) An online learning platform offered, subject to the
 initial availability of federal funds, by the department in
 collaboration with one or more area education agencies or in
 partnership with school districts and accredited nonpublic
 schools. The online learning platform may deliver distance
 education to students, including students receiving independent
 private instruction as defined in section 299A.1, subsection
 2, paragraph “b”, competent private instruction under section
 299A.2, or private instruction by a nonlicensed person under
 section 299A.3 chapter 299A, provided such students register
 with the school district of residence and the coursework
 offered by the online learning platform is taught and
 supervised by a teacher licensed under chapter 272 who has
 online learning experience and the course content meets the
 requirements established by rule pursuant to section 256.7,
 subsection 32, paragraph “c”. The department and the area
 education agencies operating online learning programs pursuant
 to section 273.16 shall coordinate to ensure the most effective
 use of resources and delivery of services. Federal funds, if
 available, may be used to offset what would otherwise be costs
 to school districts for participation in the program.
    Sec. 2. Section 273.16, subsection 1, Code 2021, is amended
 to read as follows:
    1. Subject to an appropriation of funds by the general
 assembly for this purpose, the area education agencies
 may offer, separately or in collaboration with other area
 education agencies, or in partnership with school districts and
 accredited nonpublic schools, to provide an online learning
 program to deliver distance education to Iowa’s secondary
 students, including students receiving independent private
 instruction as defined in section 299A.1, subsection 2,
 paragraph “b”, competent private instruction under section
 299A.2, or private instruction by a nonlicensed person under
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 section 299A.3 chapter 299A.
    Sec. 3. Section 299A.1, subsection 1, Code 2021, is amended
 to read as follows:
    1. The parent, guardian, or legal custodian of a child
 of compulsory attendance age who places may place the child
 under private instruction shall provide, unless otherwise
 exempted, competent private instruction or independent
 private instruction in accordance with this chapter. A
 parent, guardian, or legal custodian of a child of compulsory
 attendance age who places the child under private instruction
 which that is not competent private instruction or independent
 private instruction, in compliance with this chapter, or
 who otherwise fails to comply with the requirements of this
 chapter, is subject to the provisions of sections 299.1 through
 299.4 and the penalties provided in section 299.6.
    Sec. 4. Section 299A.1, subsection 2, paragraph a, Code
 2021, is amended to read as follows:
    a. “Competent private instruction” means private either of
 the following:
    (1) Private instruction provided on a daily basis for at
 least one hundred forty-eight days during a school year, to be
 met by attendance for at least thirty-seven days each school
 quarter, by or under the supervision of a licensed practitioner
 in the manner provided under section 299A.2, which results in
 the student making adequate progress.
    (2) Private instruction provided by a parent, guardian, or
 legal custodian under section 299A.3.
    Sec. 5. Section 299A.1, subsection 2, paragraph b,
 unnumbered paragraph 1, Code 2021, is amended to read as
 follows:
    “Independent private instruction” means private instruction
 that meets the following criteria:
    Sec. 6. Section 299A.3, Code 2021, is amended to read as
 follows:
    299A.3 Private Competent private instruction by nonlicensed
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 person parent, guardian, or legal custodian.
    A parent, guardian, or legal custodian of a child of
 compulsory attendance age providing competent private
 instruction to the child may meet all of the following
 requirements:
    1. Complete and send, in a timely manner, the report
 required under section 299.4 to the school district of
 residence of the child.
    2. Ensure that the child under the parent’s, guardian’s,
 or legal custodian’s instruction is evaluated annually to
 determine whether the child is making adequate progress, as
 defined in section 299A.6.
    3. Ensure that the results of the child’s annual evaluation
 are reported to the school district of residence of the child
 and to the department of education by a date not later than
 June 30 August 31 of each the year following the school year
 in which the child is was under competent private instruction
 pursuant to this section.
    Sec. 7. Section 299A.4, subsection 1, Code 2021, is amended
 to read as follows:
    1. Each child of compulsory attendance age who is
 receiving competent private instruction shall either be
 evaluated annually by May 1 31, using a nationally recognized
 standardized achievement evaluation or other assessment tool
 developed or recognized by the department of education and
 chosen by the child’s parent, guardian, or legal custodian from
 a list of approved evaluations or assessment tools provided
 by the department of education or be evaluated annually in
 the manner provided in subsection 7. The department shall
 provide information on the cost of and the administration time
 required for each of the approved evaluations. The department
 shall provide, as part of approval procedures for evaluations
 to be used under this section, a mechanism which permits the
 introduction and approval of new or alternate methods of
 educational assessment which meet the requirements of this
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 chapter.
    Sec. 8. Section 299A.6, Code 2021, is amended by adding the
 following new subsection:
    NEW SUBSECTION. 2A. This section shall not be construed to
 require or prohibit testing on any subject matter at intervals
 more frequently or at grade levels other than those set forth
 in section 256.7, subsection 21, paragraph “b”, subparagraph
 (2).
    Sec. 9. Section 321.178A, subsection 2, paragraphs a and c,
 Code 2021, are amended to read as follows:
    a. “Approved course” means a driver education course
 that meets the requirements of section 321.178, subsection
 1, paragraph “a”, or a driver education curriculum approved
 by the department pursuant to rules adopted under chapter
 17A. An approved course or curriculum shall, at a minimum,
 meet the requirements of subsection 3 and be appropriate for
 teaching-parent-directed driver education and related street or
 highway instruction. Driver education materials that meet or
 exceed standards established by the department for an approved
 course in driver education for a public or private school shall
 be approved unless otherwise determined by the department. The
 list of approved courses and curricula shall be posted on the
 department’s internet site.
    c. “Teaching parent” means a parent, guardian, or legal
 custodian of a student who is currently providing competent
 private instruction to the student pursuant to section 299A.2
 or 299A.3 chapter 299A and who provided such instruction to
 the student during the previous year; who has a valid driver’s
 license, other than a motorized bicycle license or a temporary
 restricted license, that permits unaccompanied driving; and
 who has maintained a clear driving record for the previous two
 years. For purposes of this paragraph, “clear driving record”
 means the individual has not been identified as a candidate
 for suspension or revocation of a driver’s license under the
 habitual violator or habitual offender provisions of the
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 department’s regulations; is not subject to a driver’s license
 suspension, revocation, denial, cancellation, disqualification,
 or bar; and has no record of a conviction for a moving traffic
 violation determined to be the cause of a motor vehicle
 accident.
    Sec. 10. Section 321.178A, subsection 3, paragraph a,
 subparagraphs (1), (2), (3), (4), (5), and (6), Code 2021, are
 amended to read as follows:
    (1) Thirty clock hours of classroom instruction.
    (2) Forty Thirty hours of street or highway driving
 including four three hours of driving after sunset and before
 sunrise while accompanied by the a teaching parent or a
 person who is qualified to provide street or highway driving
 instruction pursuant to section 321.178.
    (3) (2) Four hours of classroom instruction Instruction
 concerning substance abuse.
    (4) (3) A minimum of twenty minutes of instruction
 Instruction concerning railroad crossing safety.
    (5) (4) Instruction relating to becoming an organ donor
 under the revised uniform anatomical gift Act as provided in
 chapter 142C.
    (6) (5) Instruction providing an awareness about sharing
 the road with pedestrians, bicycles, and motorcycles.
    Sec. 11. Section 321.178A, subsection 3, paragraph b, Code
 2021, is amended to read as follows:
    b. The content of the course of instruction required under
 this subsection shall be equivalent to that required under
 section 321.178. However, reference and study materials,
 physical classroom requirements, actual classroom hours and
 minutes, and extra vehicle safety equipment required for
 instruction under section 321.178 shall not be required for the
 course of instruction provided under this section.
    Sec. 12. Section 321.178A, subsection 4, paragraphs b, e,
 and g, Code 2021, are amended to read as follows:
    b. Documentation that the student is receiving competent
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 private instruction under section 299A.2 or the name of
 the school district within which the student is receiving
 instruction under section 299A.3 chapter 299A.
    e. Copies of written tests completed by the student or
 lesser documentation as may be required by the department.
    g. A log of completed street or highway driving instruction
 including the dates when the lessons were conducted, the
 student’s and the teaching parent’s name and initials noted
 next to each entry, notes on driving activities including a
 list of driving deficiencies and improvements, and the duration
 of the driving time for each session.
    Sec. 13. Section 321.178A, subsection 5, Code 2021, is
 amended to read as follows:
    5. Intermediate license. Any student who successfully
 completes an approved course as provided in this section,
 passes a driving test to be administered by the department,
 and is otherwise qualified under section 321.180B, subsection
 2, shall be eligible for an intermediate license pursuant to
 section 321.180B. Twenty of the forty thirty hours of street
 or highway driving instruction required under subsection 3,
 paragraph “a”, subparagraph (2) (1), may be used to satisfy the
 requirement of section 321.180B, subsection 2.
    Sec. 14. Section 321.178A, Code 2021, is amended by adding
 the following new subsection:
    NEW SUBSECTION. 7. Applicability. This section shall not
 be construed to require a teaching parent to apply for or seek
 approval of the department separate from the course completion
 and certification requirements of subsection 4.
                           EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
  This bill relates to private instruction by parents,
guardians, and legal custodians and to driver education
provided by a teaching parent.
  Currently, statute provides that a parent, guardian,
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 or legal custodian may place a child in competent private
 instruction under a licensed practitioner; in independent
 private instruction provided by an individual to not more
 than four unrelated students; or private instruction by a
 nonlicensed parent, guardian, or legal custodian.
    “Competent private instruction” is defined in statute to
 mean private instruction provided on a daily basis for at least
 148 days during a school year, to be met by attendance for at
 least 37 days each school quarter, by or under the supervision
 of a licensed practitioner, which results in the student making
 adequate progress.
    Under the bill, private instruction by a parent, guardian,
 or legal custodian is competent private instruction,
 but remains exempt from certain reporting and assessment
 requirements.
    Currently, a parent, guardian, or legal custodian who
 places a child in private instruction by a nonlicensed person
 may ensure that the results of the child’s annual evaluation
 are reported to the school district of residence and to the
 department of education by June 30, which the bill extends to
 August 31 of the year following the school year in which the
 child was under private instruction.
    Currently, each child of compulsory attendance age who is
 receiving competent private instruction shall be evaluated
 annually by May 1, which the bill extends to May 31.
    The bill modifies the Code section establishing requirements
 and responsibilities when a child fails to make adequate
 progress by providing that the Code section shall not be
 construed to require or prohibit testing on any subject matter
 at intervals more frequently or at grade levels other than
 those set forth in Code section 256.7(21)(b)(2), which requires
 annual assessments in mathematics and English language arts for
 students enrolled in grades 3 through 11, and in science for
 students enrolled in grades 5, 8, and 10.
    Currently, for purposes of driver education provided by a
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 teaching parent under Code section 321.178A, “approved course”
 means driver education curriculum approved by the department of
 transportation (DOT). The bill modifies the definition to add
 that the course may also mean a course that meets the classroom
 instruction requirements of Code section 321.178(1)(a), set
 forth by the DOT for students who are receiving instruction
 from a person licensed by the board of educational examiners.
 The bill requires the DOT to list the approved curricula on the
 DOT’s internet site.
    Currently, “teaching parent” means a parent, guardian,
 or legal custodian of a student who is currently providing
 competent private instruction to the student, which the bill
 amends to include the parent, guardian, or legal custodian of a
 student receiving private instruction under Code chapter 299A.
    Currently, an approved course administered by a teaching
 parent must consist of 30 hours of classroom time, which the
 bill eliminates; and 40 hours of street or highway driving,
 which the bill reduces to 30 hours, and must include 4 hours
 of driving after sunset and before sunrise, which the bill
 reduces to 3 hours. The bill also eliminates the number of
 instructional hours currently required concerning substance
 abuse and railroad crossing safety, adds that instruction must
 be provided relating to sharing the road with pedestrians, and
 provides that actual classroom hours and minutes required for
 an