299.1D Absences related to courses in religious instruction.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Section 299.1 shall not apply to a child while the child is attending a course in religious instruction that is provided by a private organization if all of the following requirements are satisfied:

a. The child’s parent, guardian, or legal or actual custodian of the child, if the child is not an emancipated minor, or the child, if the child is an emancipated minor, must submit a notification to the public school or accredited nonpublic school informing the school that the child will attend a course in religious instruction during the school day.

b. The course in religious instruction must not require the child to be absent from school for more than five hours per week.

c. The private organization that provides the course in religious instruction must maintain attendance records and must make the attendance records available to the school district or accredited nonpublic school to verify when the child is attending a course in religious instruction.

d. Transportation related to the course in religious instruction must be provided by the private organization, the child’s parent, guardian, or legal or actual custodian, or the child.

e. The private organization must make provisions for and assume liability for the child while the child is attending the course in religious instruction.

f. The school district or accredited nonpublic school must not expend any moneys related to the course in religious instruction, not including de minimis administrative costs associated with processing notifications received under paragraph “a” and tracking the child’s attendance to ensure compliance with this section.

g. The course in religious instruction must not be held on school district property unless authorized by the board of directors of the school district pursuant to section 297.9.

h. The child must agree to make up any school work that the child does not complete while attending the course in religious instruction.

2. Each school district and each accredited nonpublic school shall, upon the request of a child’s parent, guardian, or legal or actual custodian, if the child is not an emancipated minor, or the child, if the child is an emancipated minor, excuse the child from attendance for at least one hour per week, but for not more than five hours per week, so that the child can attend a course in religious instruction if all of the requirements under subsection 1 are satisfied.

3. A child’s parent, guardian, or legal or actual custodian of the child, if the child is not an emancipated minor, or the child, if the child is an emancipated minor, who alleges that a school district has violated this section may bring a civil action for injunctive relief and actual damages against the school district. If the child’s parent, guardian, or legal or actual custodian, or the child, is the prevailing party in a civil action instituted pursuant to this subsection, the court shall award reasonable court costs and attorney fees to the child’s parent, guardian, or legal or actual custodian, or the child, as applicable.

Referred to in §299.1, 299.2, 299.6, 299.11, 299.12, 299A.1

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