Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 31 - Private Instruction and Dual Enrollment › Rule 281-31.3 - Competent Private Instruction

Current through Register Vol. 47, No. 3, July 24, 2024
(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.