In the event a child of compulsory attendance age, over age six and under age sixteen, does not attend public school or an accredited nonpublic school the child must receive competent private instruction.
A parent choosing competent private instruction for a student must notify the school district prior to the first day of school on forms provided by the school district. The forms are available in the central administration office. One copy of the completed forms will be kept by the school district and another copy will be forwarded to the area education agency.
The superintendent will determine whether the completed form is in compliance with the law. Specifically, the superintendent will determine whether the individual providing the instruction is either the student's parent, guardian, legal custodian or an Iowa licensed practitioner; whether the licensed practitioner's license is appropriate for the age and grade level of the student; that the student is being instructed a minimum of one hundred and forty-eight days per year; that immunization evidence is provided for students placed under competent private instruction for the first time and that the report is timely filed.
The school district shall report noncompliance with the reporting, immunization, attendance, instructor qualifications, and assessment requirements of the compulsory attendance law to the county attorney of the county of residence of the student's parent, guardian or custodian.
Students receiving competent private instruction are eligible to request open enrollment to another school district. Prior to the request for open enrollment, the student shall request dual enrollment in the resident district. The receiving district shall not bill the resident district unless the receiving district complies with the reporting requirements. If the parent, guardian or custodian fails to comply with the compulsory attendance requirements, the receiving district shall notify the resident district. The resident district shall then report the noncompliance to the county attorney of the county of residence of the parent, guardian or custodian.
The Janesville Consolidated School District recognizes that families with students of compulsory attendance age may select alternative forms of education outside the traditional school setting, including private instruction. The applicable legal requirements for private instruction, including, but not limited to those relating to reporting and evaluations for progress, shall be followed.
Except as otherwise exempted, in the event a child of compulsory attendance age as defined by law does not attend public school or an accredited nonpublic school, the child must receive private instruction. Private instruction means instruction using a plan and a course of study in a setting other than a public or organized accredited nonpublic school.
Private instruction can take the form of competent private instruction and independent private instruction. The Iowa Department of Education recognizes three options for delivery of this form of instruction: two options for delivery of competent private instruction and one option for independent private instruction.
Competent private instruction means either 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 supervision of a licensed practitioner, which results in the student making adequate progress, or private instruction provided by a parent, guardian or legal custodian.
Independent private instruction means private instruction that meets the following criteria: (i) is not accredited, (ii) enrolls not more than four unrelated students, (iii) does not charge tuition, fees, or other remuneration for instruction, (iv) provides private or religious-based instruction as its primary purpose, (v) provides enrolled students with instruction in mathematics, reading and language arts, science, and social studies, (vi) provides, upon written request from the superintendent of the school district in which the independent private instruction is provided, or from the director of the department of education, a report identifying the primary instructor, location, name of the authority responsible for the independent private instruction, and the names of the students enrolled, (vii) is not a nonpublic school and does not provide competent private instruction as defined herein, and (viii) is exempt from all state statutes and administrative rules applicable to a school, a school board, or a school district, except as otherwise provided by law.
It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 299, 299A.
281 I.A.C. 31.
Cross Reference: 501 Student Attendance
502 Student Rights and Responsibilities
504 Student Activities
507.1 Student Health and Immunization Certificates
604.7 Dual Enrollment
604.9 Home School Assistance Program
Approved 10/9/95
Reviewed 11/15/21
Revised 11/15/21
