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Monday, February 4, 2008

Legislative Alert!

There is proposed legislation in study committee right now that, if passed, would make changes to the Iowa Codes regulating competent private instruction. These changes could effect homeschoolers in Iowa. I am going to print the proposed bill out here along with hyperlinks to the study committee members' information pages so that Iowa homeschoolers can contact them if wanted. This bill has been submitted in both the house and the senate so it has two different numbers and is being studied in two separate committees.

First the Senate Study Bill
Bill History for SSB 3011
A study bill for an act relating to alternative educational instruction options including home school assistance programs. 01/15/08 Subcommittee: Wood, Quirmbach, Johnson.
In Education

Senate Study Bill 3011

SENATE/HOUSE FILE
BY (PROPOSED DEPARTMENT OF
EDUCATION BILL)

A BILL FOR

1 An Act relating to alternative educational instruction options
2 including home school assistance programs.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5365XD 82
5 kh/nh/14

PAG LIN

1 1 Section 1. Section 257.6, subsection 1, paragraph a,
1 2 subparagraph (5), Code Supplement 2007, is amended to read as
1 3 follows:
1 4 (5) Resident pupils receiving competent private
1 5 instruction from a licensed practitioner provided through a
1 6 public school district pursuant to chapter 299A shall be
1 7 counted as six=tenths three=tenths of one pupil.
1 8 Sec. 2. Section 299.4, Code Supplement 2007, is amended to
1 9 read as follows:
1 10 299.4 REPORTS AS TO PRIVATE INSTRUCTION.
1 11 The parent, guardian, or legal custodian of a child who is
1 12 of compulsory attendance age, who places the child under
1 13 competent private instruction under either section 299A.2 or
1 14 299A.3, not in an accredited school or a home school
1 15 assistance program operated by a public or accredited
1 16 nonpublic school,
shall furnish a report, in duplicate on
1 17 forms provided by the public school district, a report to the
1 18 district by the earliest starting date specified in section
1 19 279.10, subsection 1. The secretary shall retain and file one
1 20 copy and forward the other copy to the district's area
1 21 education agency. The report shall state the name and age of
1 22 the child, the period of time during which the child has been
1 23 or will be under competent private instruction for the year,
1 24 an outline of the course of study, texts used, and the name
1 25 and address of the instructor. The parent, guardian, or legal
1 26 custodian of a child, who is placing the child under competent
1 27 private instruction for the first time, shall also provide the
1 28 district with evidence that the child has had the
1 29 immunizations required under section 139A.8, and, if the child
1 30 is elementary school age, a blood lead test in accordance with
1 31 section 135.105D. The term "outline of course of study" shall
1 32 include subjects covered, lesson plans, and time spent on the
1 33 areas of study.
1 34 Sec. 3. Section 299A.2, Code 2007, is amended to read as
1 35 follows:
2 1 299A.2 COMPETENT PRIVATE INSTRUCTION BY LICENSED
2 2 PRACTITIONER.
2 3 1. If a licensed practitioner provides competent
2 4 instruction to a child of compulsory attendance age, including
2 5 instruction provided through a home school assistance program,

2 6 the practitioner shall possess a valid license or certificate
2 7 which has been issued by the state board of educational
2 8 examiners under chapter 272 and which is appropriate to the
2 9 ages and grade levels of the children to be taught. Competent
2 10 private instruction may include, but is not limited to, a home
2 11 school assistance program which provides instruction or
2 12 instructional supervision offered through an accredited
2 13 nonpublic school or public school district by a teacher, who
2 14 is employed by the accredited nonpublic school or public
2 15 school district, who assists and supervises a parent,
2 16 guardian, or legal custodian in providing instruction to a
2 17 child. If competent private instruction is provided through a
2 18 public school district, the child shall be enrolled and
2 19 included in the basic enrollment of the school district as
2 20 provided in section 257.6. A licensed practitioner provided
2 21 by a public school district through a home school assistance
2 22 program shall possess an initial license, or a standard,
2 23 master educator, class "A", class "B", class "C", class "D",
2 24 or class "E" license that is appropriate to the ages and grade
2 25 levels of all children under the licensed practitioner's
2 26 supervision, and not a substitute teacher's license or
2 27 substitute teacher authorization.
Sections 299A.3 through
2 28 299A.7 do not apply to competent private instruction provided
2 29 by a licensed practitioner under this section. However, the
2 30 reporting requirement contained in section 299A.3, subsection
2 31 1, shall apply to competent private instruction provided by
2 32 licensed practitioners that is not part of a home school
2 33 assistance program offered through an accredited nonpublic
2 34 school or public school district.
2 35 2. State aid generated under section 257.6, subsection 1,
3 1 paragraph "a", subparagraph (5), shall not be provided to
3 2 individual families accessing the home school assistance
3 3 program.

3 4 EXPLANATION
3 5 This bill makes changes relating to enrollment weighting
3 6 for pupils receiving competent private instruction from a
3 7 licensed practitioner provided through a public school
3 8 district and to requirements for licensed practitioners
3 9 provided by a public school through a home school assistance
3 10 program.
3 11 The bill reduces the weighting for pupils receiving
3 12 competent private instruction from a licensed practitioner
3 13 provided through a school district. For purposes of
3 14 generating state aid, such a pupil is currently counted as
3 15 six=tenths of one pupil, but under the bill is counted as
3 16 three=tenths of one pupil.
3 17 The bill eliminates an exemption from competent private
3 18 instruction reporting requirements for persons who place their
3 19 compulsory=age children under competent private instruction in
3 20 a home school assistance program.
3 21 The bill requires that instruction provided through a home
3 22 school assistance program be provided by a licensed
3 23 practitioner. The bill also requires that licensed
3 24 practitioners provided by school districts through a home
3 25 school assistance program be appropriately licensed, and
3 26 excludes those who hold only a substitute license or
3 27 authorization. Finally, the bill establishes that state aid
3 28 generated by weighting for resident pupils receiving competent
3 29 private instruction from a licensed practitioner provided
3 30 through a public school district shall not be provided to
3 31 individual families accessing the home school assistance
3 32 program.
3 33 LSB 5365XD 82
3 34 kh/nh/14.1


Now the House Study Bill -- exact same wording, just a different committee.

HSB526

A study bill relating to alternative educational instruction options including home school assistance programs. 1-23-08 Subcommittee assigned, Cohoon, Boal, and Mascher. H.J. 103.
In Education
House Study Bill 527


SENATE/HOUSE FILE
BY (PROPOSED DEPARTMENT OF
EDUCATION BILL)

A BILL FOR

1 An Act relating to alternative educational instruction options
2 including home school assistance programs.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5365XD 82
5 kh/nh/14

PAG LIN

1 1 Section 1. Section 257.6, subsection 1, paragraph a,
1 2 subparagraph (5), Code Supplement 2007, is amended to read as
1 3 follows:
1 4 (5) Resident pupils receiving competent private
1 5 instruction from a licensed practitioner provided through a
1 6 public school district pursuant to chapter 299A shall be
1 7 counted as six=tenths three=tenths of one pupil.
1 8 Sec. 2. Section 299.4, Code Supplement 2007, is amended to
1 9 read as follows:
1 10 299.4 REPORTS AS TO PRIVATE INSTRUCTION.
1 11 The parent, guardian, or legal custodian of a child who is
1 12 of compulsory attendance age, who places the child under
1 13 competent private instruction under either section 299A.2 or
1 14 299A.3, not in an accredited school or a home school
1 15 assistance program operated by a public or accredited
1 16 nonpublic school,
shall furnish a report, in duplicate on
1 17 forms provided by the public school district, a report to the
1 18 district by the earliest starting date specified in section
1 19 279.10, subsection 1. The secretary shall retain and file one
1 20 copy and forward the other copy to the district's area
1 21 education agency. The report shall state the name and age of
1 22 the child, the period of time during which the child has been
1 23 or will be under competent private instruction for the year,
1 24 an outline of the course of study, texts used, and the name
1 25 and address of the instructor. The parent, guardian, or legal
1 26 custodian of a child, who is placing the child under competent
1 27 private instruction for the first time, shall also provide the
1 28 district with evidence that the child has had the
1 29 immunizations required under section 139A.8, and, if the child
1 30 is elementary school age, a blood lead test in accordance with
1 31 section 135.105D. The term "outline of course of study" shall
1 32 include subjects covered, lesson plans, and time spent on the
1 33 areas of study.
1 34 Sec. 3. Section 299A.2, Code 2007, is amended to read as
1 35 follows:
2 1 299A.2 COMPETENT PRIVATE INSTRUCTION BY LICENSED
2 2 PRACTITIONER.
2 3 1. If a licensed practitioner provides competent
2 4 instruction to a child of compulsory attendance age, including
2 5 instruction provided through a home school assistance program,

2 6 the practitioner shall possess a valid license or certificate
2 7 which has been issued by the state board of educational
2 8 examiners under chapter 272 and which is appropriate to the
2 9 ages and grade levels of the children to be taught. Competent
2 10 private instruction may include, but is not limited to, a home
2 11 school assistance program which provides instruction or
2 12 instructional supervision offered through an accredited
2 13 nonpublic school or public school district by a teacher, who
2 14 is employed by the accredited nonpublic school or public
2 15 school district, who assists and supervises a parent,
2 16 guardian, or legal custodian in providing instruction to a
2 17 child. If competent private instruction is provided through a
2 18 public school district, the child shall be enrolled and
2 19 included in the basic enrollment of the school district as
2 20 provided in section 257.6. A licensed practitioner provided
2 21 by a public school district through a home school assistance
2 22 program shall possess an initial license, or a standard,
2 23 master educator, class "A", class "B", class "C", class "D",
2 24 or class "E" license that is appropriate to the ages and grade
2 25 levels of all children under the licensed practitioner's
2 26 supervision, and not a substitute teacher's license or
2 27 substitute teacher authorization.
Sections 299A.3 through
2 28 299A.7 do not apply to competent private instruction provided
2 29 by a licensed practitioner under this section. However, the
2 30 reporting requirement contained in section 299A.3, subsection
2 31 1, shall apply to competent private instruction provided by
2 32 licensed practitioners that is not part of a home school
2 33 assistance program offered through an accredited nonpublic
2 34 school or public school district.
2 35 2. State aid generated under section 257.6, subsection 1,
3 1 paragraph "a", subparagraph (5), shall not be provided to
3 2 individual families accessing the home school assistance
3 3 program.

3 4 EXPLANATION
3 5 This bill makes changes relating to enrollment weighting
3 6 for pupils receiving competent private instruction from a
3 7 licensed practitioner provided through a public school
3 8 district and to requirements for licensed practitioners
3 9 provided by a public school through a home school assistance
3 10 program.
3 11 The bill reduces the weighting for pupils receiving
3 12 competent private instruction from a licensed practitioner
3 13 provided through a school district. For purposes of
3 14 generating state aid, such a pupil is currently counted as
3 15 six=tenths of one pupil, but under the bill is counted as
3 16 three=tenths of one pupil.
3 17 The bill eliminates an exemption from competent private
3 18 instruction reporting requirements for persons who place their
3 19 compulsory=age children under competent private instruction in
3 20 a home school assistance program.
3 21 The bill requires that instruction provided through a home
3 22 school assistance program be provided by a licensed
3 23 practitioner. The bill also requires that licensed
3 24 practitioners provided by school districts through a home
3 25 school assistance program be appropriately licensed, and
3 26 excludes those who hold only a substitute license or
3 27 authorization. Finally, the bill establishes that state aid
3 28 generated by weighting for resident pupils receiving competent
3 29 private instruction from a licensed practitioner provided
3 30 through a public school district shall not be provided to
3 31 individual families accessing the home school assistance
3 32 program.
3 33 LSB 5365XD 82
3 34 kh/nh/14.1

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