Wednesday, November 22, 2023

Iowa’s Compulsory Education Law, Enforcement, and Truancy

    I strongly recommend that all parents of school-age children become familiar with Iowa’s compulsory education laws and the school district's policies concerning school attendance. Iowa’s compulsory education statute, Iowa Code chapter 299, is available online at https://www.legis.iowa.gov/docs/ico/chapter/299.pdf  School attendance policies are generally available on school district websites in the sections on board policies and student handbooks.

The following blog article covers some of the information contained in Iowa Code chapter 299. 

The basic responsibility of parents, guardians, and custodians for school attendance

The parent, guardian, or custodian (referred to below as “parent”) of a child covered by Iowa’s compulsory education law is responsible for ensuring the child attends school. See Iowa Code § 299.1A. It is the duty of the child’s parent to ensure that the child is enrolled in public school (or private school or is receiving competent private instruction or independent instruction) unless the parent has filed a doctor’s certificate with the secretary of the school district demonstrating that the child is physically or mentally unable to attend school, or the child’s presence at school would be injurious to the health of other pupils. See Iowa Code §§ 256B.6 and 299.5. Parents are responsible for following the school district’s policy concerning the reporting of absences.

Which children are covered?

1. Generally, compulsory education children are between the ages of 6 and 16; more specifically:

2.    A child who reaches age 16 on or after September 15, remains of compulsory age until the end of the regular school calendar.

3. A child who reaches age 5 by September 15 and who is enrolled in a school district shall be considered to be of compulsory attendance age unless the child’s parent (or guardian or custodian) notifies the school district in writing that they intend to remove the child from enrollment in the school district.

4. A child who reaches the age of 4 by September 15 and who is enrolled in the statewide public preschool program is considered to be of compulsory attendance age unless the child’s parent (or guardian or custodian) submits written notice to the school. See Iowa Code § 299.1A.

Responsibilities of school boards of public and nonpublic accredited schools

Iowa’s compulsory education law requires the school board of each public and accredited nonpublic school to:

establish the number of days that students must attend school during the school year (see Iowa Code § 299.1(2);

adopt a policy concerning acceptable reasons for excused absences (see Iowa Code § 299.1(2)) and the number of unexcused absences (or the number of combined excused and unexcused absences) that will subject the student to consequences for truancy;

determine reasonable rules for the punishment of students who are truant (see Iowa Code §  299.9;

maintain the attendance records of students enrolled in their public schools, provided to them by private accredited schools, and by the parents (or guardians or custodians) of compulsory education-age children receiving competent private instruction [within the area covered by the public school district]; 

attempt to find the reason why a student is truant and use every means available to the school to assure that the child attends school; (see Iowa Code 299.5A). 

to refer to the county attorney any parent who refuses to accept the school’s attempt to ensure the child’s attendance or any case in which the school’s efforts to assure the child’s attendance have been otherwise unsuccessful (see Iowa Code 299.5A). 

Consequences of Truancy

A child is truant if the child fails to attend school as required by the school board’s attendance policy. See Iowa Code § 299.8. In addition to not receiving an education and the consequences imposed by the child’s school district, a child of compulsory attendance age who does not attend a public school or an accredited nonpublic school, is not receiving competent private instruction or independent private instruction, and does not attend an alternative school or adult education classes, shall not receive an intermediate or full driver’s license until age eighteen. See Iowa Code § 299.1B.

Under Iowa law, truancy charges may be initiated against any parent who fails to ensure that a student attends school. A first offense is punishable by up to a $100.00 fine or ten days in the county jail. Subsequent offenses are punishable by up to a $500.00 fine or twenty days in the county jail. 

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