167.013.  FPE school defined — regular instruction, requirements — daily log. — 1.  For purposes of state law ^*regarding this section and sections 161.670, 162.996, 166.700, 167.012, 167.031, 167.061, 167.600, 167.619, 210.167, 210.211, 211.031, and 452.375^*, a "Family Paced Education (FPE) school" or "FPE school" is a school, whether incorporated or unincorporated, that:

  (1)  Has as its primary purpose the provision of private or religious-based instruction;

  (2)  Enrolls children between the ages of seven years and the compulsory attendance age for the school district in which the FPE school is located, of which no more than four are unrelated by affinity or consanguinity in the third degree;

  (3)  Does not charge or receive consideration in the form of tuition, fees, or other remuneration in a genuine and fair exchange for provision of instruction; and

  (4)  May enroll children who participate in the program established in sections 135.712 to 135.719 and sections 166.700 to 166.720.

  2.  Except as otherwise provided in this subsection, as evidence that a child is receiving regular instruction, the child's parent, guardian, or other person having control or custody of the child shall:

  (1)  Maintain the following records:

  (a)  a.  A plan book, diary, or other written record indicating subjects taught and activities engaged in;

  b.  A portfolio of samples of the child's academic work; and

  c.  A record of evaluations of the child's academic progress; or

  (b)  Other written or credible evidence equivalent to subparagraphs a. to c. of paragraph (a) of this subdivision; and

  (2)  Offer at least one thousand hours of instruction, at least six hundred hours of which shall be in reading, language arts, mathematics, social studies, science, or academic courses that are related to such subject areas and consonant with the child's age and ability.  At least four hundred of the six hundred hours shall occur at the regular FPE school location;

  (3)  The requirements of this subsection shall not apply to any pupil sixteen years of age or older.

  3.  The production of a daily log by a parent, guardian, or other person having control or custody of a child showing that an FPE school has a course of instruction that satisfies the requirements of this section and section 167.031 or, in the case of a pupil sixteen years of age or older who attended a metropolitan school district the previous year, a written statement that the pupil is attending an FPE school in compliance with section 167.031 shall be a defense to any prosecution under section 167.031 and to any charge or action for educational neglect brought under chapter 210.  FPE school education enforcement and records pursuant to this section, and sections 210.167 and 211.031, shall be subject to review only by the local prosecuting attorney.