ARC 0652D

ARC 0652D

EDUCATION DEPARTMENT[281]

Notice of Intended Action

Proposing rulemaking related to private instruction and dual enrollment
and providing an opportunity for public comment

    The State Board of Education hereby proposes to amend Chapter 31, “Private Instruction and Dual Enrollment,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code section 299A.10.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, 2026 Iowa Acts, House File 2754.

Purpose and Summary

    This proposed rulemaking implements sections 98 and 99 of 2026 Iowa Acts, House File 2754. The Department of Education published a Regulatory Analysis, the public comment period of which closed on August 25, 2026. 

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on August 5, 2026. A public hearing was held on the following date(s):

     ?   August 25, 2026

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 7—Chapter 2504.

Public Comment

     Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the State Board no later than 4:30 p.m. on November 3, 2026. Comments should be directed to:

Public Hearing

     A public hearing at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the State Board and advise of specific needs.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Adopt the following new subrules  31.7(8) and  31.7(9):

    31.7(8) Recognition of attainment in private instruction. Recognition of attainment in private instruction, including recognition of diplomas and transcripts, is governed by Iowa Code section 299A.13 as enacted by 2026 Iowa Acts, House File 2754, section 98.

    31.7(9) Verification of enrollment or participation. The rights of a parent, guardian, or legal custodian of a child of compulsory education age who is receiving competent or private instruction are governed by Iowa Code section 299A.14 as enacted by 2026 Iowa Acts, House File 2754, section 99.