During its 2024 session, the Iowa Legislature enacted revisions in Iowa's Compulsory Education law. Here is a brief overview of some of those changes.
1. What is Compulsory Education?
Compulsory education in Iowa refers to the legal requirement under Iowa Code Chapter 299 that minor-age children within a specified age range must attend school and the requirement that while school is in session, a parent/guardians/custodian of compulsory-attendance age children must cause the child to attend a public school, an accredited nonpublic school, or provide them with competent private instruction or independent private instruction in compliance with Iowa’s private instruction law. (299.1)
2. What is compulsory attendance age?
Under section 299.1A, a student is compulsory school attendance age when the student is:
• age 6 through 15 years by Sept. 15 (if a student turns 16 after September 15, the student remains compulsory attendance age for the remainder of the school year).
• age 5 by Sept. 15 and is enrolled in the school district (unless the parent/guardian/ custodian informs the school in writing that the child is being removed from the school).
• age 4 by Sept. 15 and enrolled in the school district’s preschool (unless the parent/guardian/ custodian informs the school in writing that the child is being removed from the preschool).
3. Are there any exceptions for students of compulsory attendance age?
Section 299.2 lists the following exceptions and exemptions:
• have completed public high school graduation requirements
• received a high school equivalency diploma
• have been excused for sufficient reason by a court or judge
• who are attending religious services or receiving religious instruction
• who are attending a private college preparatory school
• who have been determined to be too ill or disabled to benefit from attending school
• who are not required to attend due to a religious exemption
4. What happens when a child is absent from school?
Under 299.12, when a student has missed <10% of the days or hours in a grading period for any reason, excused or unexcused under school policy, the student is “chronically absent,” and the school must send a written notice to the parents and county attorney. Once a child has become “chronically absent,” this status continues for the remainder of the school year.
5. What happens if a child misses 15%?
Under 299.12, when a student has missed 15% or more of the days or hours in a grading period for any reason, excused or unexcused, the parent and child must attend a School Engagement Meeting and agree to the terms of an Absenteeism Prevention Plan, and a school official must monitor their compliance with the plan and contact each of them at least once per week for the remainder of the school year.
The county attorney may file criminal charges against a parent/guardian/custodian and/or a child for failing to attend the school engagement meeting, failing to agree to the terms of the absenteeism prevention plan, or violating a term of the absenteeism prevention plan.
• A first offense is a simple misdemeanor. Conviction is punishable by imprisonment not more than 10 days or a fine not exceeding $100.00. Alternatively, the court may order not more than 40 hours of unpaid community service.
• A second offense is a serious misdemeanor. Conviction is punishable by imprisonment for not more than 20 days or a fine not exceeding $500.00, or both. Alternatively, the court may order unpaid community service.
• A third or subsequent offense is a serious misdemeanor. Conviction is punishable by imprisonment for not more than 30 days or a fine not exceeding $1,000.00, or both. The court may order the person to perform unpaid community service.
6. When is a child truant from school?
Chapter 299 provides that a student is truant when the student is absent from school for any reason, for 20% or more of the required days or hours in a grading period.
7. What can happen when a child is truant?
Under 299.8, a student who becomes truant is subject to the consequences determined by the local school board and to the filing of the above-described criminal charges.
The parent/guardian/custodian also remains subject to the filing of the above-described criminal charges. However, once the child becomes truant, instead of criminal charges, under § 299.6, the county attorney has the option of bringing a civil action against a parent/guardian/custodian who has been unable to cause the student to attend a public school, an accredited nonpublic school, or attend competent private instruction or independent private instruction in the manner required under Chapter 299A. If the court finds that the parent/guardian/custodian failed to cause the child to attend as required, the court shall assess a civil penalty of not less than $100.00 but not more than $1,000.00 for each violation established.
Under 299.6(3), if a parent, guardian, or legal or actual custodian of a child who is truant, has made reasonable efforts to comply with the parent's/guardian's/custodian's duties under 299.1 - 299.5, but has been unable to cause the child to attend school, the parent/guardian/custodian may file an affidavit listing the reasonable efforts made by the parent/guardian/custodian to cause the child's attendance and shall not be criminally liable for the child's non-attendance.
