ISSUE: Sept 8, 2024

New Special Minor's Driving License Questions

A couple of questions have come up regarding the new special driving license.

A provision of the law is that a minor licensee can have up to three residences from which they can drive. This was created to account for joint custody situations and other instances where the limits under the current law do not address. It was asked what happens when a minor spends their summer at a farm with a parent.

The DOT says they can use the Special Minor's License. It allows a minor living or working on a farm to drive up to 25 miles from their residence to do farm work. This would apply to the situation above as long as the minor's summer residence is one of the three residences they have listed.

What is considered to be an "extracurricular activity" that a minor can drive to with the new special minor's restricted license?

Some parents have asked if non-school sanctioned teams like club volleyball, and USSSA baseball teams are considered to be an "extracurricular activity". The DOT says NO.

An extracurricular activity must be affiliated with the school that the minor attends. They point to language in the bill, which requires a minor seeking the new license to have certification from their school that the minor is enrolled for courses of instruction or extracurricular activities before they can get the license. The extracurricular activity must be offered by the school for the minor to be allowed to use their license to drive to it.

Iowa Utility Board decision

After months of testimony, the IUB approved the permit for Summit Carbon Solutions to build a 688-mile liquefied carbon dioxide pipeline through 29 Iowa Counties. The 507-page decision can be found on the IUB website along with all documents related to this petition. Points of interest are:

• Other State Agency Approval - Pages 65 and 477 outline the requirements for Summit to receive agency approval in North Dakota and South Dakota, as well as approval from Minnesota and Nebraska for specific sections of the pipeline, prior to beginning construction in Iowa. (August 23, 2024-- South Dakota Supreme Court sided with landowners over Summit)
• Insurance Coverage -- IUB's decision would require Summit to have at least $100 million insurance policy to cover all damages.
• Land Restoration--IUB will impose requirements over Summit for Agricultural Impact Mitigation Plan
• Public Convenience and Necessity -- IUB utilized a balancing test to determine whether public convenience and necessity are met. Iowa Code 479B.9 which states, "a permit shall not be granted to a pipeline company unless the board determines that the proposed services will promote the public convenience and necessity." (This will likely be sent to a court on appeal and clarification)
• Eminent Domain -- The public use determination will be further discussed. Iowans, farmers or city dwellers, should be protected from eminent domain (unwanted confiscation of property for private gain).
• Ethanol industry-- Protecting our ethanol production and still protecting landowners is essential. There are proven alternative options to carbon capture than building the Summit pipeline.
• There will be several years of court proceedings before a final decision is reached.

New Laws Clarified...

Speed Cameras now fall under new State Regulations

As of July 1, 2024, speed cameras are now operating under a new state law. For a city or county to operate an automated traffic enforcement (ATE) system under the new requirements, they would have to show the speed and safety issues at the camera's location and how utilizing the speed camera is necessary to improving traffic safety at that location. The new law also sets a standard for all speed cameras. Penalties cannot be imposed if a driver is less than 10 miles an hour over the speed limit. The law also sets out a statewide fine schedule.

Public Funds to Religious Groups for Public Benefit

Allows counties or townships to appropriate or loan public funds to religious groups to fund or support programs that would benefit the public such as food banks or homeless shelters. The religious groups are not allowed to require any religious services, participation, or education in order for a person to receive the benefit of the program.

State Identifies $66 Million in Maintenance Needs at Iowa State Parks

Iowa state parks have pending maintenance projects costing a total of almost $67 million, according to a list produced by the Dept. of Natural Resources. As part of the new budget for infrastructure projects, DNR was required to submit to the Legislature a list of maintenance projects identified in the 83 Iowa State Parks. This provision was included in the budget bill after media reports said over $100 million of maintenance was needed within the park system. The list gives Iowans and the Legislature what is needed to improve our state parks system

Mental Health Rate Increases Announced

This past session, the legislature appropriated $2.1 million in increased state funding towards mental health Medicaid rates. This builds on the previous session which appropriated a $13 million increase.

Truancy Bill

The following provides a summary of district responsibilities regarding new truancy laws. The Iowa Department of Education has complete details on their website.

Definitions: 

Chronically absent means any absence from school for more than ten percent of the days or hours in the grading period established by a public school.  

Truant is defined as any child of compulsory attendance age who does not qualify for the specified exemptions listed in Senate File 2435, fails to follow the school board's attendance policy, lacks a reasonable excuse for their absence, and has been absent from school for at least 20% of the days or hours in the grading period. 

• Set board policy that includes: 

• The number of days or hours of required attendance, 

• Reasons considered to be acceptable excuses for absence from school related to absenteeism and truancy. The policy may exceed the requirements in state code. 

•Local truancy determinations and required actions are not applied to a student, who based on local discretion, meets one of the six exemptions:

1. Completed requirements for graduation or obtained a high school equivalency diploma. 

2. Excused for sufficient reason by any court of record or judge.  

3. Attending religious services or receiving religious instructions. 

4. Unable to attend school due to legitimate medical reason(s). 

5. Individualized Education Program (IEP) that affects attendance. 

6. Section 504 plan under the Federal Rehabilitation Act that affects attendance. 

Parent/Guardian Communication 

When a child becomes chronically absent, a school official must notify the county attorney and the child's parent or guardian (or the child if emancipated) by certified mail, including details about the absences and related disciplinary policies. A school official may also send a notice before chronic absenteeism occurs if: 

1. The county attorney and the school's board agree on the number of absences that will trigger the notice. 

2. This number of absences is stated in the school's student handbook. 

Engagement Meetings 

If a child is absent from school for 15% or more of the days or hours in the grading period, a school official must investigate the cause and initiate a school engagement meeting. This meeting aims to identify attendance barriers and interventions to improve attendance. A school official can also hold this meeting before reaching the 15% absence threshold. The meeting must include the child, their parent/guardian, and a school official. 

During the meeting, participants will create and sign an absenteeism prevention plan, detailing the causes of absences and each participant's responsibilities. The school official will monitor compliance with the plan, contacting participants weekly for the rest of the school year. If participants fail to create a plan or if the child/parent/guardian does not comply with the plan or participate in the meeting, the county attorney may take legal action.