Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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68 11 2. a. By March 1 of the preceding school year for

68 12 students entering grades one through twelve, or by September 1

68 13 of the current school year for students entering kindergarten,

68 14 the parent or guardian shall send notification to the district

68 15 of residence and the receiving district, on forms prescribed

68 16 by the department of education, that the parent or guardian

68 17 intends to enroll the parent's or guardian's child in a public

68 18 school in another school district. If a parent or guardian

68 19 fails to file a notification that the parent intends to enroll

68 20 the parent's or guardian's child in a public school in another

68 21 district by the deadline specified in this subsection, the

68 22 procedures of subsection 4 apply.

68 23 b. The board of the receiving district shall enroll the

68 24 pupil in a school in the receiving district for the following

68 25 school year unless the receiving district does not have

68 26 classroom space for the pupil. The board of directors of a

68 27 receiving district may adopt a policy granting the

68 28 superintendent of the school district authority to approve

68 29 open enrollment applications. If the request is granted, the

68 30 board shall transmit a copy of the form to the parent or

68 31 guardian and the school district of residence within five days

68 32 after board action, but not later than June 1 of the preceding

68 33 school year. The parent or guardian may withdraw the request

68 34 at any time prior to the start of the school year. A denial

68 35 of a request by the board of a receiving district is not
Senate File 449 - Introduced continued
69 1 subject to appeal.

69 2 c. Every school district shall adopt a policy which



69 3 defines the term "insufficient classroom space" for that

69 4 district.

69 5 3. a. The superintendent of a district subject to a

69 6 voluntary diversity or court=ordered desegregation plan, as

69 7 recognized by rule of the state board of education, may deny a

69 8 request for transfer under this section if the superintendent

69 9 finds that enrollment or release of a pupil will adversely

69 10 affect the district's implementation of the desegregation

69 11 order or diversity plan, unless the transfer is requested by a

69 12 pupil whose sibling is already participating in open

69 13 enrollment to another district, or unless the request for

69 14 transfer is submitted to the district in a timely manner as

69 15 required under subsection 2 prior to the adoption of a

69 16 desegregation plan by the district. If a transfer request

69 17 would facilitate a voluntary diversity or court=ordered

69 18 desegregation plan, the district shall give priority to

69 19 granting the request over other requests.

69 20 b. A parent or guardian, whose request has been denied

69 21 because of a desegregation order or diversity plan, may appeal

69 22 the decision of the superintendent to the board of the

69 23 district in which the request was denied. The board may

69 24 either uphold or overturn the superintendent's decision. A

69 25 decision of the board to uphold the denial of the request is

69 26 subject to appeal to the district court in the county in which

69 27 the primary business office of the district is located. The

69 28 state board of education shall adopt rules establishing

69 29 definitions, guidelines, and a review process for school

69 30 districts that adopt voluntary diversity plans. The

69 31 guidelines shall include criteria and standards that school

69 32 districts must follow when developing a voluntary diversity

69 33 plan. The department of education shall provide technical

69 34 assistance to a school district that is seeking to adopt a

69 35 voluntary diversity plan. A school district implementing a

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70 1 voluntary diversity plan prior to July 1, 2008, shall have

70 2 until July 1, 2009, to comply with guidelines adopted by the

70 3 state board pursuant to this section.

70 4 c. The board of directors of a school district subject to



70 5 voluntary diversity or court=ordered desegregation shall

70 6 develop a policy for implementation of open enrollment in the

70 7 district. The policy shall contain objective criteria for

70 8 determining when a request would adversely impact the

70 9 desegregation order or voluntary diversity plan and criteria

70 10 for prioritizing requests that do not have an adverse impact

70 11 on the order or plan.

70 12 4. a. After March 1 of the preceding school year and

70 13 until the date specified in section 257.6, subsection 1, the

70 14 parent or guardian shall send notification to the district of

70 15 residence and the receiving district, on forms prescribed by

70 16 the department of education, that good cause, as defined in

70 17 paragraph "b", exists for failure to meet the March 1

70 18 deadline. The board of directors of a receiving school

70 19 district may adopt a policy granting the superintendent of the

70 20 school district authority to approve open enrollment

70 21 applications submitted after the March 1 deadline. The board

70 22 of the receiving district shall take action to approve the

70 23 request if good cause exists. If the request is granted, the

70 24 board shall transmit a copy of the form to the parent or

70 25 guardian and the school district of residence within five days

70 26 after board action. A denial of a request by the board of a

70 27 receiving district is not subject to appeal.

70 28 b. For purposes of this section, "good cause" means a

70 29 change in a child's residence due to a change in family

70 30 residence, a change in the state in which the family residence

70 31 is located, a change in a child's parents' marital status, a

70 32 guardianship or custody proceeding, placement in foster care,

70 33 adoption, participation in a foreign exchange program, or

70 34 participation in a substance abuse or mental health treatment

70 35 program, a change in the status of a child's resident district
Senate File 449 - Introduced continued
71 1 such as removal of accreditation by the state board, surrender

71 2 of accreditation, or permanent closure of a nonpublic school,

71 3 revocation of a charter school contract as provided in section

71 4 256F.8, the failure of negotiations for a whole grade sharing,

71 5 reorganization, dissolution agreement or the rejection of a

71 6 current whole grade sharing agreement, or reorganization plan.

71 7 If the good cause relates to a change in status of a child's

71 8 school district of residence, however, action by a parent or

71 9 guardian must be taken to file the notification within

71 10 forty=five days of the last board action or within thirty days

71 11 of the certification of the election, whichever is applicable

71 12 to the circumstances.

71 13 c. If a resident district believes that a receiving

71 14 district is violating this subsection, the resident district

71 15 may, within fifteen days after board action by the receiving

71 16 district, submit an appeal to the director of the department

71 17 of education.

71 18 d. The director, or the director's designee, shall attempt

71 19 to mediate the dispute to reach approval by both boards as

71 20 provided in subsection 16 14. If approval is not reached

71 21 under mediation, the director or the director's designee shall

71 22 conduct a hearing and shall hear testimony from both boards.

71 23 Within ten days following the hearing, the director shall

71 24 render a decision upholding or reversing the decision by the

71 25 board of the receiving district. Within five days of the

71 26 director's decision, the board may appeal the decision of the

71 27 director to the state board of education under the procedures

71 28 set forth in chapter 290.

71 29 5. Open enrollment applications filed after March 1 of the

71 30 preceding school year that do not qualify for good cause as

71 31 provided in subsection 4 shall be subject to the approval of

71 32 the board of the resident district and the board of the

71 33 receiving district. The parent or guardian shall send

71 34 notification to the district of residence and the receiving

71 35 district that the parent or guardian seeks to enroll the
Senate File 449 - Introduced continued
72 1 parent's or guardian's child in the receiving district. A

72 2 decision of either board to deny an application filed under

72 3 this subsection involving repeated acts of harassment of the

72 4 student or serious health condition of the student that the

72 5 resident district cannot adequately address is subject to

72 6 appeal under section 290.1. The state board shall exercise

72 7 broad discretion to achieve just and equitable results that

72 8 are in the best interest of the affected child or children.

72 9 6. A request under this section is for a period of not

72 10 less than one year. If the request is for more than one year

72 11 and the parent or guardian desires to have the pupil enroll in

72 12 a different district, the parent or guardian may petition the

72 13 current receiving district by March 1 of the previous school

72 14 year for permission to enroll the pupil in a different

72 15 district for a period of not less than one year. Upon receipt

72 16 of such a request, the current receiving district board may

72 17 act on the request to transfer to the other school district at

72 18 the next regularly scheduled board meeting after the receipt

72 19 of the request. The new receiving district shall enroll the

72 20 pupil in a school in the district unless there is insufficient

72 21 classroom space in the district or unless enrollment of the

72 22 pupil would adversely affect the court=ordered or voluntary

72 23 desegregation plan of the district. A denial of a request to

72 24 change district enrollment within the approved period is not

72 25 subject to appeal. However, a pupil who has been in

72 26 attendance in another district under this section may return

72 27 to the district of residence and enroll at any time, once the

72 28 parent or guardian has notified the district of residence and

72 29 the receiving district in writing of the decision to enroll

72 30 the pupil in the district of residence.

72 31 7. A pupil participating in open enrollment shall be

72 32 counted, for state school foundation aid purposes, in the

72 33 pupil's district of residence. A pupil's residence, for

72 34 purposes of this section, means a residence under section

72 35 282.1. The board of directors of the district of residence
Senate File 449 - Introduced continued
73 1 shall pay to the receiving district the state cost per pupil

73 2 for the previous school year, plus any moneys received for the

73 3 pupil as a result of the non=English speaking weighting under

73 4 section 280.4, subsection 3, for the previous school year

73 5 multiplied by the state cost per pupil for the previous year.

73 6 If the pupil participating in open enrollment is also an

73 7 eligible pupil under section 261E.6, the receiving district

73 8 shall pay the tuition reimbursement amount to an eligible

73 9 postsecondary institution as provided in section 261E.7.

73 10 8. If a request filed under this section is for a child

73 11 requiring special education under chapter 256B, the request to

73 12 transfer to the other district shall only be granted if the

73 13 receiving district maintains a special education instructional

73 14 program which is appropriate to meet the child's educational

73 15 needs and the enrollment of the child in the receiving

73 16 district's program would not cause the size of the class in

73 17 that special education instructional program in the receiving

73 18 district to exceed the maximum class size in rules adopted by

73 19 the state board of education for that program. For children

73 20 requiring special education, the board of directors of the

73 21 district of residence shall pay to the receiving district the

73 22 actual costs incurred in providing the appropriate special

73 23 education.

73 24 9. a. If a parent or guardian of a child, who is

73 25 participating in open enrollment under this section, moves to

73 26 a different school district during the course of either

73 27 district's academic year, the child's first district of

73 28 residence shall be responsible for payment of the cost per

73 29 pupil plus weightings or special education costs to the

73 30 receiving school district for the balance of the school year

73 31 in which the move took place. The new district of residence

73 32 shall be responsible for the payments during succeeding years.

73 33 b. If a request to transfer is due to a change in family

73 34 residence, change in the state in which the family residence

73 35 is located, a change in a child's parents' marital status, a
Senate File 449 - Introduced continued
74 1 guardianship proceeding, placement in foster care, adoption,

74 2 participation in a foreign exchange program, or participation

74 3 in a substance abuse or mental health treatment program, and

74 4 the child who is the subject of the request is enrolled in any

74 5 grade from kindergarten through grade twelve at the time of

74 6 the request and is not currently using any provision of open

74 7 enrollment, the parent or guardian of the child shall have the

74 8 option to have the child remain in the child's original

74 9 district of residence under open enrollment with no

74 10 interruption in the child's kindergarten through grade twelve

74 11 educational program. If a parent or guardian exercises this

74 12 option, the child's new district of residence is not required

74 13 to pay the amount calculated in subsection 7 until the start

74 14 of the first full year of enrollment of the child.

74 15 c. Quarterly payments shall be made to the receiving

74 16 district.

74 17 d. If the transfer of a pupil from one district to another

74 18 results in a transfer from one area education agency to

74 19 another, the sending district shall forward a copy of the

74 20 request to the sending district's area education agency. The

74 21 receiving district shall forward a copy of the request to the

74 22 receiving district's area education agency. Any moneys

74 23 received by the area education agency of the sending district

74 24 for the pupil who is the subject of the request shall be

74 25 forwarded to the receiving district's area education agency.

74 26 e. A district of residence may apply to the school budget

74 27 review committee if a student was not included in the resident

74 28 district's enrollment count during the fall of the year

74 29 preceding the student's transfer under open enrollment.

74 30 10. Notwithstanding section 285.1 relating to

74 31 transportation of nonresident pupils, the parent or guardian

74 32 is responsible for transporting the pupil without

74 33 reimbursement to and from a point on a regular school bus

74 34 route of the receiving district. However, a receiving

74 35 district may send school vehicles into the district of
Senate File 449 - Introduced continued
75 1 residence of the pupil using the open enrollment option under

75 2 this section, for the purpose of transporting the pupil to and

75 3 from school in the receiving district, if the boards of both

75 4 the sending and receiving districts agree to this arrangement.

75 5 If the pupil meets the economic eligibility requirements

75 6 established by the department and state board of education,

75 7 the sending district is responsible for providing

75 8 transportation or paying the pro rata cost of the

75 9 transportation to a parent or guardian for transporting the

75 10 pupil to and from a point on a regular school bus route of a

75 11 contiguous receiving district unless the cost of providing

75 12 transportation or the pro rata cost of the transportation to a

75 13 parent or guardian exceeds the average transportation cost per

75 14 pupil transported for the previous school year in the

75 15 district. If the cost exceeds the average transportation cost

75 16 per pupil transported for the previous school year, the

75 17 sending district shall only be responsible for that average

75 18 per pupil amount. A sending district which provides

75 19 transportation for a pupil to a contiguous receiving district

75 20 under this subsection may withhold from the district cost per

75 21 pupil amount, that is to be paid to the receiving district, an

75 22 amount which represents the average or pro rata cost per pupil

75 23 for transportation, whichever is less.

75 24 11. Every school district shall adopt a policy which


75 25 defines the term "insufficient classroom space" for that

75 26 district.

75 27 12. The board of directors of a school district subject to



75 28 voluntary or court=ordered desegregation shall develop a

75 29 policy for implementation of open enrollment in the district.

75 30 The policy shall contain objective criteria for determining

75 31 when a request would adversely impact the desegregation order

75 32 or plan and criteria for prioritizing requests that do not

75 33 have an adverse impact on the order or plan.

75 34 13. 11. A pupil who participates in open enrollment for

75 35 purposes of attending a grade in grades nine through twelve in
Senate File 449 - Introduced continued

76 1 a school district other than the district of residence is

76 2 ineligible to participate in varsity interscholastic athletic

76 3 contests and athletic competitions during the pupil's first

76 4 ninety school days of enrollment in the district except that

76 5 the pupil may participate immediately in a varsity

76 6 interscholastic sport if the pupil is entering grade nine for

76 7 the first time and did not participate in an interscholastic

76 8 athletic competition for another school or school district

76 9 during the summer immediately following eighth grade, if the

76 10 district of residence and the other school district jointly

76 11 participate in the sport, if the sport in which the pupil

76 12 wishes to participate is not offered in the district of

76 13 residence, if the pupil chooses to use open enrollment to

76 14 attend school in another school district because the district

76 15 in which the student previously attended school was dissolved

76 16 and merged with one or more contiguous school districts under

76 17 section 256.11, subsection 12, if the pupil participates in

76 18 open enrollment because the pupil's district of residence has

76 19 entered into a whole grade sharing agreement with another

76 20 district for the pupil's grade, or if the parent or guardian

76 21 of the pupil participating in open enrollment is an active

76 22 member of the armed forces and resides in permanent housing on

76 23 government property provided by a branch of the armed

76 24 services. A pupil who has paid tuition and attended school,

76 25 or has attended school pursuant to a mutual agreement between

76 26 the two districts, in a district other than the pupil's

76 27 district of residence for at least one school year is also

76 28 eligible to participate immediately in interscholastic

76 29 athletic contests and athletic competitions under this

76 30 section, but only as a member of a team from the district that

76 31 pupil had attended. For purposes of this subsection, "school

76 32 days of enrollment" does not include enrollment in summer

76 33 school. For purposes of this subsection, "varsity" means the

76 34 same as defined in section 256.46.

76 35 14. 12. If a pupil, for whom a request to transfer has
Senate File 449 - Introduced continued
77 1 been filed with a district, has been suspended or expelled in

77 2 the district, the pupil shall not be permitted to transfer

77 3 until the pupil has been reinstated in the sending district.

77 4 Once the pupil has been reinstated, however, the pupil shall

77 5 be permitted to transfer in the same manner as if the pupil

77 6 had not been suspended or expelled by the sending district.

77 7 If a pupil, for whom a request to transfer has been filed with

77 8 a district, is expelled in the district, the pupil shall be

77 9 permitted to transfer to a receiving district under this

77 10 section if the pupil applies for and is reinstated in the

77 11 sending district. However, if the pupil applies for

77 12 reinstatement but is not reinstated in the sending district,

77 13 the receiving district may deny the request to transfer. The

77 14 decision of the receiving district is not subject to appeal.

77 15 15. 13. If a request under this section is for transfer

77 16 to a laboratory school, as described in chapter 265, the

77 17 student, who is the subject of the request, shall not be

77 18 included in the basic enrollment of the student's district of

77 19 residence, and the laboratory school shall report the

77 20 enrollment of the student directly to the department of

77 21 education, unless the number of students from the district

77 22 attending the laboratory school during the current school

77 23 year, as a result of open enrollment under this section,

77 24 exceeds the number of students enrolled in the laboratory

77 25 school from that district during the 1989=1990 school year.

77 26 If the number of students enrolled in the laboratory school

77 27 from a district during the current year exceeds the number of

77 28 students enrolled from that district during the 1989=1990




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