Iowa Admin. Code r. 281-31.3 - Competent private instruction
(1)
By
licensed practitioner. Competent private instruction by a licensed
practitioner complies with this chapter.
a.
Instruction under this subrule may include a home school assistance program. A
home school assistance program is provided by instructional assistance and
supervision to a parent, guardian, or legal custodian providing instruction to
a child through an accredited nonpublic school or public school district by an
appropriately certified or licensed educator.
b. If instruction is provided through a
public school district:
(1) The child will be
enrolled and included in the basic enrollment of the school district.
(2) Iowa Code sections
299A.3 through 299A.7 do not
apply in this circumstance, with the exception of the reporting provision in
Iowa Code section 299A.3(1).
c. If a person is a privately retained
licensed practitioner (who possesses a valid Iowa teaching certificate or
practitioner license, including a substitute teacher's license or a substitute
authorization that is appropriate to the grade level of the student), that
practitioner may provide competent private instruction.
(1) The duties of a licensed teacher who
instructs or provides instructional supervision of a student include the
following:
1. Contact with the student and the
student's parent, guardian, or legal or actual custodian at least twice per 45
days of instruction, during which time the teacher practitioner fulfills the
duties described below. One of every two contacts will be face-to-face with the
student.
2. Consulting with and
advising the student's parent, guardian, or legal or actual custodian as
requested by the student's parent, guardian, or legal or actual custodian or as
deemed necessary in the professional judgment of the practitioner.
3. Providing formal and informal assessments
of the student's progress to the student and the student's parent, guardian, or
legal or actual custodian.
4.
Annually maintaining a diary, record, or log of visitations and assistance
provided.
5. Referring to the
child's district of residence for evaluation a child who the practitioner has
reason to believe may need special education.
(2) A licensed Iowa practitioner who is
employed under this rule will not serve in that capacity on behalf of more than
25 families, or more than 50 children of compulsory attendance age, in an
academic year unless the service is provided pursuant to the teacher's
employment with a nonaccredited nonpublic entity.
A licensed practitioner may seek exemption from the above limitation by submitting a written request to the director of the department of education. Exemptions will be granted when the director is satisfied that the limitation will impose a substantial hardship on the person or the school providing instruction or instructional supervision and that the best interests of all children being served by the practitioner will continue to be met.
(2)
By parent, guardian, or legal
custodian. A parent, guardian, or legal custodian without a current
Iowa teaching license providing competent private instruction for any child of
compulsory age may:
a. Provide a report to the
school district of residence of the child within 30 days of commencing
instruction under this rule, which report demonstrates compliance with Iowa
Code chapter 299A and this chapter.
b. Annually evaluate the child to determine
whether the child is making adequate progress.
c. Report the child's annual evaluation to
the school district of residence of the child and to the department of
education by August 1.
Notes
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