Section 281.31.3. Duties of privately retained licensed practitioners.

         31.3(1) Scope of rule. This rule addresses the duties of a person who is directly retained by the parent, guardian, or legal or actual custodian of a child receiving competent private instruction to provide instruction or instructional supervision for the child. The duties of a person who provides instruction or instructional supervision on behalf of a public school in the form of a home school assistance program are addressed in rule 281—31.4(299,299A).

         31.3(2) Licensing requirements. A person who provides instruction to or instructional supervision of a student receiving competent private instruction shall be either the student’s parent, guardian, or legal or actual custodian or a person who possesses a valid Iowa teaching certificate or practitioner license, including a substitute teacher’s license or a substitute authorization, which is appropriate to the grade level of the student.

         31.3(3) Duties. The duties of a licensed teacher who instructs or provides instructional supervision of a student shall include the following:

            a.               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 shall be face-to-face with the student.

            b.               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.

            c.               Providing formal and informal assessments of the student’s progress to the student and the student’s parent, guardian, or legal or actual custodian.

            d.               Annually maintaining a diary, record, or log of visitations and assistance provided.

            e.               Referring to the child’s district of residence for evaluation a child who the practitioner has reason to believe may be in need of special education.

         31.3(4) Limitations. A licensed Iowa practitioner who is employed under this rule shall 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 shall be granted when the director is satisfied that the limitation will pose 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.