299A.1 Competent private instruction and independent private instruction.
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1. The parent, guardian, or legal custodian of a child of compulsory attendance age may place the child under 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 that is not 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.
2. For purposes of this chapter and chapter 299:
a. “Competent private instruction” means 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.
b. “Independent private instruction” means private instruction that meets the following criteria:
(1)Is not accredited.
(2)Enrolls not more than four unrelated students.
(3)Does not charge tuition, fees, or other remuneration for instruction.
(4)Provides private or religious-based instruction as its primary purpose.
(5)Provides enrolled students with instruction in mathematics, reading and language arts, science, and social studies.
(6)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.
(7)Is not a nonpublic school and does not provide competent private instruction as defined in this subsection.
(8)Is exempt from all state statutes and administrative rules applicable to a school, a school board, or a school district, except as otherwise provided in chapter 299 and this chapter.
c. “Private instruction” means instruction using a plan and a course of study in a setting other than a public or organized accredited nonpublic school.
91 Acts, ch 200, §20; 2013 Acts, ch 121, §87, 97; 2021 Acts, ch 88, §3 – 5
Referred to in §299.11, 321.178, 321.194, 422.12