INDEPENDENT PRIVATE INSTRUCTION
AAUW Iowa, July 2014
AAUW Mission: AAUW advances equity for women and girls through education,
advocacy, philanthropy, and research.
AAUW Iowa and Education Standards
The AAUW Iowa Public Policy Program advocates for “Standards for home, charter,
and private schools that are consistent with standards for public schools.” and
“Maintaining high licensure standards for educators and administrators”.
Home Schooling Options in Iowa
1. Independent Private Instruction, a new category of home schooling in Iowa, was
approved in 2013 as part of the Education Reform Bill HF215.
2. Iowa’s previous home schooling provision which is still an option, known as
“Competent Private Instruction”, allows parents to provide schooling for their
own children at home.
3. The new category, Independent Private Instruction, allows a person to provide
schooling to not only her own children but up to four other unrelated children.
The person providing the instruction to her own or unrelated children does not
have to hold any type of education license or have any preparation as a teacher.
Independent Private Instruction
1. During the 2013 legislative session, the education reform bill HF 215 was quietly
amended to include a new “Independent Private Instruction” category. (See bill
history information).
2. Ironically, in a bill focused on higher standards and increased expectations for
public schools and licensed educators, the legislature:
a. allowed parents to “teach” their children and up to four unrelated students.
b. allowed parents to instruct children at home without notifying the district they
are doing so.
c. exempted Independent Private Instruction from all state education laws and
rules, except truancy and attendance. It is a mystery how attendance can be
monitored by education officials when parents are not required to report the
names of children receiving instruction through Independent Private
Instruction. A district could be totally unaware of the existence of the child.
d. allowed district officials to inquire about missing students, but they are not
required to do so, which only works if the officials are even aware that the
students live in the attendance area. They may not even know to ask.
e. said district official have no right to request information about instructional
content or to set standards for that content.
f. did not require annual assessments of progress, or any type of assessments.
g. said students could not dual enroll for academics or extracurricular activities.
h. said the district may, but is not required to, request the name of the primary
instructor.
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i. said the students may not be issued a diploma.
j. exempts children from immunization and health screening requirements.
Concerns About Independent Private Instruction
1. Iowa has rigorous licensure requirements and ethical standards for educators in
both public and private schools. No one is allowed to teach in schools without
being properly licensed in the assigned teaching area. Yet a person providing
Independent Private Instruction for her own or unrelated children functions for all
practical purposes as a teacher without meeting any of the licensure requirements
for educators. Medical, legal and other professional practitioners in Iowa are
not allowed to practice without proper training and they must be licensed by the
state
2. The Independent Private Instruction category does not establish even minimal
standards for content of instruction, assessment of progress, qualifications of the
instructor, or for assuring the safety and welfare of the students.
3. There is no way to evaluate or compare the effectiveness of IPI with other
education systems because of the lack of required curriculum, assessment, or
reporting of data to Iowa education officials.
4. It is unacceptable for Iowa, long viewed as an educational leader, to allow some
students to potentially receive a substandard, if any, education and for children to
possibly be in situations in which abuse or neglect could occur. Those working in
schools undergo background checks and licensed educators are mandatory
reporters of child abuse or neglect. None of those protections are in place for
children under Independent Private Instruction. Under this home schooling
category, the providers are unsupervised.
5. Iowa’s goal of “world class schools” should be for every student. Independent
Private Instruction falls far short of this goal and the legislature should work to
correct this error.
HF215 Education Reform Bill Explanation and History
“A bill for an act relating to and providing for education reform involving student,
teacher, and administrator programs and activities under the purview of the department of
education, the state board of education, the college student aid commission, school
districts, and accredited nonpublic schools; providing for independent private instruction
for students; providing for private instruction for students; concerning driver education
by a teaching parent; making appropriations and providing for the establishment and
retention of certain fees; and including effective date provisions. (Formerly HSB 4)
Various effective dates, see bill.”
HF215 Bill History--partial
 January 15, 2013 HSB4 introduced on (predecessor to HF215)
 January 15, 2013 House Education Committee
 February 13, 2103 voted out of House Education Committee
 February 18, 2013 Amendment H1021 filed by Cecil Dolecheck (Ringgold County,
House District 24) to insert Division XII Independent Private Instruction, pages
58-64 of HF 215 (HJ 307) (Amendment H1022 related to drivers education
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instruction by parents was introduced at the same time by Matt Windschitl, House
District 17, Harrison County)
February 19, 2013 Amendment H1021 adopted in House (HJ 322)
February 19, 2013 HF 215 adopted in House 52-44 (HJ 332)
February 20, 2013 bill referred to Senate Education Committee (SJ 300)
May 22, 2013 Conference Committee report on HF215 which included Division
XII Independent Private Instruction, pages 74-80, adopted in House (HJ 1088)
and Senate (SJ 1040)
May 22, 2013 HF215 passed House, 95-0 (HJ 1088)
May 22, 2013 HF215 passed Senate, 40-10 (SJ 1040)
May 31, 2013 HF215 sent to governor (HJ 1113)
June 13, 2013 HF215 signed by governor –final form 72 page bill
Department of Education Rules Related to Independent Private Instruction
The Iowa Department of Education was required to write rules to implement the new law.
On October 16, 2013, pursuant to the authority of Iowa Code section 299A.10 and 2013
Iowa Acts, House File 215 and House File 454, the State Board of Education filed notice
to amend Chapter 31, Competent Private Instruction, Independent Private Instruction, and
Dual Enrollment, Iowa Administrative Code. The amendments became effective on
January 15, 2014.
One of the amendments addresses special education for students receiving Independent
Private Instruction:
“A parent, as defined in Iowa Administrative Code rule 281—41.30(256B,34CFR300)
who elects independent private instruction for the parent’s child shall be deemed to have
waived special education services. Approval from the area education agency’s director of
special education is not required before a child requiring special education receives
independent private instruction.”
31.10(4) also specifies that special education services are not available to the student.
Complete information is available in the Private Instruction Handbook, 2014-15, Iowa
Department of Education.
From the Private Instruction Handbook, 2014-15, Iowa Department of Education,
pages 7 and 8:
16. What is independent private instruction?
Independent Private Instruction (IPI) means 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
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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 name of the students enrolled.
7.
Is not a nonpublic school and does not provide competent private instruction
as defined in Iowa Code section 299A.1 and these rules.
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
Iowa Code chapters 299 and 299A.
17. May any child receive IPI?
Generally, yes.
18. How do I enroll my child in IPI?
To enroll a child in IPI for the first time there is no form required. A parent, guardian, or
legal or actual custodian choosing IPI is advised to inform the district that they will be
choosing this option.
719. What are the district’s responsibilities in regard to IPI?
The superintendent of district of residence of the student enrolled in independent private
instruction may but is not required to request a report from a parent, guardian, or legal or
actual custodian identifying the primary instructor, location, name of the authority
responsible for the independent private instruction, and the name of the students enrolled.
The district must still comply with requirements of truancy law. Unless otherwise
mentioned, a district may not provide a child receiving IPI with public school
services, such as most dual enrollment services.
20. Is a family still under compulsory attendance law?
Yes. A family who chooses IPI meets the requirements of the compulsory attendance law.
Iowa Code section 299.1.
21. How a family is held accountable for student progress?
IPI instructors are responsible for accountability of their own students’ progress. This is
not reported to the district or the Department of Education.
22. How does a district know that an IPI family is teaching the four required content
areas (mathematics, science, reading and language arts, and social studies)? The
district does not have a right to request this information.
23. How does a district know that a family is also “teaching” not more than four
unrelated students?
The district may but is not required to request a report from a parent, guardian, or legal or
actual custodian identifying the primary instructor, location, name of the authority
responsible for the independent private instruction, and the name of the students enrolled.
24. Are diplomas available for children who are home schooled under IPI?
The Iowa Department of Education cannot issue diplomas, and the district of residence
may not be compelled to issue a diploma.
25. Are children who receive IPI exempt from the immunization requirements?
Yes, a child who receives IPI is exempt from all state statutes except as otherwise
provided in Iowa Code Chapters 299 and 299A.
26. Are children who receive IPI exempt from the new health screening
requirements?
Yes, a child who receives IPI is exempt from all state statutes except as otherwise
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provided in Iowa Code Chapters 299 and 299A.
27. May a child who has been identified as requiring special education programs or
services receive IPI?
Yes. No permission from the AEA director of special education is required and no special
education services will be provided by either the school district or the AEA.
Standards And Requirements For Licensed Iowa Educators:
1. Section 282 of the Iowa Administrative Code contains 79 pages of requirements
for licensure of personnel to work as various types of educators in Iowa schools.
2. The IOWA BOARD OF EDUCATIONAL EXAMINERS LICENSURE
HANDBOOK, January 15, 2013 includes information about licensure
requirements, background checks, Chapter 25 Code of Professional Conduct and
Ethics, and Chapter 26 Code of Rights and Responsibilities.
3. From CHAPTER 25 CODE OF PROFESSIONAL CONDUCT AND
ETHICS;
25.3(6) Standard VI unethical practice toward other members of the profession,
parents, students, and the community.
o. Performing services beyond the authorized scope of practice for which the
individual is licensed or prepared or performing services without holding a valid
license. (emphasis added)
4. Background checks are required for those who work in public schools in
Iowa (information from Board of Educational Examiners Handbook):
1. When did background checks begin?
October 1, 2000 for initial licensure July 1, 2006 for renewals
2. Who will be required to have a background check?
All initial applicants have a total background check, including a criminal history
check and the three registries and all renewal applicants go through an
abbreviated background check which includes the three registries; teachers,
coaches, administrators, paraeducators, anyone from out-of-state, substitutes, and
behind-the-wheel authorizations.
3. What exactly is a background check?
For a full background check a person signs a waiver allowing the Iowa State
Division of Criminal Investigations and the Federal Bureau of Investigation to
conduct a background check. An FBI fingerprint card is submitted and sent to the
FBI lab. For the abbreviated background check the child abuse registry, sex
offender registry, and the dependent adult abuse registry are all checked. The
results of all the state and national criminal background checks are sent to the
Board of Educational Examiners for review.
4.If someone had an Iowa license, let it expire, and then decided to re-activate
or renew the license, will a background check be required? Yes, all renews do
the abbreviated background check.
5. How much does it cost?
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The total cost (as of July 1, 2009) for initial applications is $65, but if an applicant
is fingerprinted in the Board of Educational Examiners office, the cost is $52
instead of the regular $65. These fees are in addition to the regular license and
evaluation fees. There is no fee for a background check on a renewal application.
6. Can the information found on either the DCI or the FBI be shared with a
local school district?
No. Iowa law prohibits the Board, or any authorized agency, to share this
information with a third party.
7. Should local school districts conduct their own background checks? Yes.
The Board of Educational Examiners conducts background checks for licensure
only. Federal law allows school districts to conduct background checks, for
example, for hiring purposes.
8.Is it true that the results from the FBI fingerprints may take four to eight
weeks?
Yes. In some instances, it may take longer.
9. How will that affect the licensure application?
The DCI check is completed within a few days. However, the FBI results take
longer.
10. Who reviews the criminal history records?
The Board's investigator, Executive Director, and the Board's legal counsel
review them.
No background checks are required for those who provide home schooling.
Legislation to Rescind Independent Private Instruction
Representative Sharon Steckman introduced a bill, HF 2308, on February 18, 2014 to
rescind Independent Private Instruction language.(HJ 269)
House File 2308 - Introduced HOUSE FILE 2308 BY STECKMAN , RUFF , HALL ,
DAWSON , WINCKLER , HUNTER , MASCHER , HANSON , COHOON , GAINES ,
WOOD , ABDUL-SAMAD , ANDERSON , LENSING , KEARNS , THEDE ,
BEARINGER , and MURPHY
H.F. 2308 Explanation
This bill eliminates changes made relating to private instruction, including independent
private instruction and driver education by a teaching parent, made in 2013 Iowa Acts,
chapter 121, divisions X, XII, and XIII. 3. The bill requires that a parent, guardian, or
legal custodian of a child of compulsory attendance age placed under competent private
instruction by a parent, guardian, or legal custodian submit to the school district of
residence a report that states the name and age of the child and the period of time the
child has been or will be under competent private instruction and includes an outline of
course study and texts used, and the name and address of the instructor, and evidence of
immunization. The bill also requires the parent, guardian, or legal custodian to ensure that
the child is evaluated annually, and to ensure that the results of the child’s annual
evaluation are reported to the school districts. The bill eliminates language that
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establishes an option for independent private instruction under Code chapter 299A and
makes corresponding changes. The bill modifies the definition of “competent private
instruction” to include instruction by or under the supervision of a parent, guardian, or
legal custodian. The bill also repeals Code section 321.178A, which allows a parent,
guardian, or legal custodian who is providing competent private instruction to a student to
teach the student driver education provided the parent, guardian, or legal custodian has a
valid driver’s license that permits unaccompanied driving and has a clear driving record
for the previous two years.
The bill did not make it out of the Education Committee.
Opponents And Supporters Of Repeal Of Independent Private Instruction
Rep. Sharon Steckman reported getting about 500 calls from home-schoolers in
opposition to HF 2308. Lobbyists for the Network of Iowa Christian Home Educators and
the IA Educational Freedom Alliance registered in opposition.
As reported in the Des Moines Register, on March 18, 2014 U. S. Sen. Ted Cruz
from Texas said when addressing about 800 Iowa home-schoolers and their
children in Des Moines for an “Iowa Christian Home Educators” event,
“Congratulation. You won a major victory here.” and “Every single child
deserves an opportunity to have an excellent education.”
At the same event, Iowa House Speaker Craig Paulson, whose own children were
home schooled, said, “Now Iowa, one of the last states to legalize home
schooling, has some of the best home-schooling laws in the nations.”
Also at the event, Brenna Findley, legal counsel for Governor Branstad who was
home schooled in 1991 during Branstad’s third term as governor, said, “I never
would’ve thought I would be the legal counsel for the same governor and that last
year I would have the privilege of watching this groundbreaking home schooling
law signed into law 23 years later.”
The Iowa State Education Association (ISEA) lobbyists were registered in support of HF
2308, which would have repealed the Independent Private Instruction category of home
schooling.
The Des Moines Register has published several articles and editorials critical of
Independent Private Instruction and has called for its repeal.
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