Bill Text: IA SF2011 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to open enrollment and including applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-01 - Subcommittee recommends passage. []. [SF2011 Detail]
Download: Iowa-2023-SF2011-Introduced.html
Senate
File
2011
-
Introduced
SENATE
FILE
2011
BY
COURNOYER
A
BILL
FOR
An
Act
relating
to
open
enrollment
and
including
applicability
1
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
282.18,
subsection
2,
paragraphs
a
and
b,
1
Code
2024,
are
amended
to
read
as
follows:
2
a.
A
By
March
1
of
the
preceding
school
year
for
students
3
entering
grades
one
through
twelve,
or
by
September
1
of
the
4
current
school
year
for
students
entering
kindergarten
or
for
5
prekindergarten
students
enrolled
in
special
education
programs
6
and
included
in
the
school
district’s
basic
enrollment
under
7
section
257.6,
subsection
1,
paragraph
“a”
,
subparagraph
(1),
8
a
parent
or
guardian
shall
send
notification
to
the
district
9
of
residence
and
the
receiving
district,
on
forms
prescribed
10
by
the
department
of
education,
that
the
parent
or
guardian
11
intends
to
enroll
the
parent’s
or
guardian’s
child
in
a
public
12
school
in
another
school
district.
If
a
parent
or
guardian
13
fails
to
file
a
notification
that
the
parent
or
guardian
14
intends
to
enroll
the
parent’s
or
guardian’s
child
in
a
public
15
school
in
another
district
by
the
deadline
specified
in
this
16
paragraph,
the
procedures
of
subsection
3A
apply.
17
b.
The
board
of
the
receiving
district
shall
enroll
the
18
pupil
in
a
school
in
the
receiving
district
for
the
following
19
school
year
unless
the
receiving
district
has
insufficient
20
classroom
space
for
the
pupil.
The
board
of
directors
21
of
a
receiving
district
may
adopt
a
policy
granting
the
22
superintendent
of
the
school
district
authority
to
approve
open
23
enrollment
applications.
If
the
request
is
granted,
the
board
24
shall
transmit
a
copy
of
the
form
to
the
parent
or
guardian
and
25
the
school
district
of
residence
within
five
days
after
board
26
action
,
but
not
later
than
June
1
of
the
preceding
school
year
.
27
The
parent
or
guardian
may
withdraw
the
request
at
any
time
28
prior
to
the
board’s
action
on
the
application
start
of
the
29
school
year
.
A
denial
of
a
request
by
the
board
of
a
receiving
30
district
is
not
subject
to
appeal.
31
Sec.
2.
Section
282.18,
subsection
3,
paragraph
a,
Code
32
2024,
is
amended
to
read
as
follows:
33
a.
The
superintendent
of
a
district
subject
to
court-ordered
34
desegregation
may
deny
a
request
for
transfer
under
this
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section
if
the
superintendent
finds
that
enrollment
or
release
1
of
a
pupil
will
adversely
affect
the
district’s
implementation
2
of
the
desegregation
order,
unless
the
transfer
is
requested
3
by
a
pupil
whose
sibling
is
already
participating
in
open
4
enrollment
to
another
district,
or
unless
the
request
for
5
transfer
is
submitted
to
the
district
in
a
timely
manner
as
6
required
under
subsection
2
prior
to
implementation
of
the
7
desegregation
order
by
the
district.
If
a
transfer
request
8
would
facilitate
implementation
of
a
desegregation
order,
the
9
district
shall
give
priority
to
granting
the
request
over
other
10
requests.
11
Sec.
3.
Section
282.18,
Code
2024,
is
amended
by
adding
the
12
following
new
subsections:
13
NEW
SUBSECTION
.
3A.
a.
After
March
1
of
the
preceding
14
school
year
and
until
the
date
specified
in
section
257.6,
15
subsection
1,
the
parent
or
guardian
shall
send
notification
to
16
the
district
of
residence
and
the
receiving
district,
on
forms
17
prescribed
by
the
department
of
education,
that
good
cause
18
exists
for
failure
to
meet
the
March
1
deadline.
The
board
of
19
directors
of
a
receiving
school
district
may
adopt
a
policy
20
granting
the
superintendent
of
the
school
district
authority
to
21
approve
open
enrollment
applications
submitted
after
the
March
22
1
deadline.
The
board
of
the
receiving
district
shall
take
23
action
to
approve
the
request
if
good
cause
exists.
If
the
24
request
is
granted,
the
board
shall
transmit
a
copy
of
the
form
25
to
the
parent
or
guardian
and
the
school
district
of
residence
26
within
five
days
after
board
action.
A
denial
of
a
request
by
27
the
board
of
a
receiving
district
is
not
subject
to
appeal.
28
b.
If
a
resident
district
believes
that
a
receiving
29
district
is
violating
this
subsection,
the
resident
district
30
may,
within
fifteen
days
after
board
action
by
the
receiving
31
district,
submit
an
appeal
to
the
director
of
the
department
32
of
education.
33
c.
The
director
of
the
department
of
education,
or
the
34
director’s
designee,
shall
attempt
to
mediate
the
dispute
to
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reach
approval
by
both
boards
as
provided
in
subsection
12A.
1
If
approval
is
not
reached
under
mediation,
the
director
or
2
the
director’s
designee
shall
conduct
a
hearing
and
shall
hear
3
testimony
from
both
boards.
Within
ten
days
following
the
4
hearing,
the
director
shall
render
a
decision
upholding
or
5
reversing
the
decision
by
the
board
of
the
receiving
district.
6
Within
five
days
of
the
director’s
decision,
the
board
may
7
appeal
the
decision
of
the
director
to
the
state
board
of
8
education
under
the
procedures
set
forth
in
chapter
290.
9
NEW
SUBSECTION
.
3B.
Open
enrollment
applications
filed
10
after
March
1
of
the
preceding
school
year
that
do
not
qualify
11
for
good
cause
as
provided
in
subsection
3A
shall
be
subject
12
to
the
approval
of
the
board
of
the
resident
district
and
13
the
board
of
the
receiving
district.
The
parent
or
guardian
14
shall
send
notification
to
the
district
of
residence
and
the
15
receiving
district
that
the
parent
or
guardian
seeks
to
enroll
16
the
parent’s
or
guardian’s
child
in
the
receiving
district.
A
17
decision
of
either
board
to
deny
an
application
filed
under
18
this
subsection
involving
repeated
acts
of
harassment
of
the
19
student
or
serious
health
condition
of
the
student
that
the
20
resident
district
cannot
adequately
address
is
subject
to
21
appeal
under
section
290.1.
The
state
board
shall
exercise
22
broad
discretion
to
achieve
just
and
equitable
results
that
are
23
in
the
best
interest
of
the
affected
child
or
children.
24
NEW
SUBSECTION
.
12A.
An
application
for
open
enrollment
25
may
be
granted
at
any
time
with
approval
of
the
resident
and
26
receiving
districts.
27
Sec.
4.
Section
282.18,
subsection
4,
Code
2024,
is
amended
28
to
read
as
follows:
29
4.
A
request
under
this
section
is
for
a
period
of
not
less
30
than
one
year.
If
the
request
is
for
more
than
one
year
and
31
the
parent
or
guardian
desires
to
have
the
pupil
enroll
in
a
32
different
district,
the
parent
or
guardian
may
petition
the
33
current
receiving
district
by
March
1
of
the
previous
school
34
year
for
permission
to
enroll
the
pupil
in
a
different
district
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for
a
period
of
not
less
than
one
year.
Upon
receipt
of
such
a
1
request,
the
current
receiving
district
board
may
act
on
the
2
request
to
transfer
to
the
other
school
district
at
the
next
3
regularly
scheduled
board
meeting
after
the
receipt
of
the
4
request.
The
new
receiving
district
shall
enroll
the
pupil
5
in
the
district
unless
there
is
insufficient
classroom
space
6
in
the
district
or
the
district
is
subject
to
court-ordered
7
desegregation
and
enrollment
of
the
pupil
would
adversely
8
affect
implementation
of
the
desegregation
order.
A
denial
of
9
a
request
to
change
district
enrollment
within
the
approval
10
period
is
not
subject
to
appeal.
A
However,
a
pupil
who
has
11
been
in
attendance
in
another
district
under
this
section
12
may
return
to
the
district
of
residence
and
enroll
at
any
13
time,
once
the
parent
or
guardian
has
notified
the
district
of
14
residence
and
the
receiving
district
in
writing
of
the
decision
15
to
enroll
the
pupil
in
the
district
of
residence.
16
Sec.
5.
Section
282.18,
subsection
9,
paragraph
a,
17
subparagraph
(8),
Code
2024,
is
amended
to
read
as
follows:
18
(8)
If
the
pupil
participates
in
open
enrollment
because
19
of
circumstances
that
meet
the
definition
of
good
cause.
For
20
purposes
of
this
subparagraph
section
,
“good
cause”
means
21
a
change
in
a
child’s
residence
due
to
a
change
in
family
22
residence,
a
change
in
a
child’s
residence
from
the
residence
23
of
one
parent
or
guardian
to
the
residence
of
a
different
24
parent
or
guardian,
a
change
in
the
state
in
which
the
family
25
residence
is
located,
a
change
in
a
child’s
parents’
marital
26
status,
a
guardianship
or
custody
proceeding,
placement
in
27
foster
care,
adoption,
participation
in
a
foreign
exchange
28
program,
initial
placement
of
a
prekindergarten
student
in
29
a
special
education
program
requiring
specially
designed
30
instruction,
or
participation
in
a
substance
use
disorder
or
31
mental
health
treatment
program,
a
change
in
the
status
of
a
32
child’s
resident
district
such
as
removal
of
accreditation
33
by
the
state
board,
surrender
of
accreditation,
or
permanent
34
closure
of
a
nonpublic
school,
revocation
of
a
charter
school
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contract
as
provided
in
section
256E.10
or
256F.8
,
the
failure
1
of
negotiations
for
a
whole
grade
sharing,
reorganization,
2
dissolution
agreement,
or
the
rejection
of
a
current
whole
3
grade
sharing
agreement,
or
reorganization
plan.
4
Sec.
6.
Section
290.1,
Code
2024,
is
amended
to
read
as
5
follows:
6
290.1
Appeal
to
state
board.
7
An
affected
pupil,
or
the
parent
or
guardian
of
an
affected
8
pupil
who
is
a
minor,
who
is
aggrieved
by
a
decision
or
order
9
of
the
board
of
directors
of
a
school
corporation
in
a
matter
10
of
law
or
fact
,
or
a
decision
or
order
of
a
board
of
directors
11
under
section
282.18,
subsection
3B,
may,
within
thirty
days
12
after
the
rendition
of
the
decision
or
the
making
of
the
order,
13
appeal
the
decision
or
order
to
the
state
board
of
education;
14
the
basis
of
the
proceedings
shall
be
an
affidavit
filed
with
15
the
state
board
by
the
party
aggrieved
within
the
time
for
16
taking
the
appeal,
which
affidavit
shall
set
forth
any
error
17
complained
of
in
a
plain
and
concise
manner.
18
Sec.
7.
APPLICABILITY.
This
Act
applies
to
applications
19
and
notifications
related
to
open
enrollment
submitted
under
20
section
282.18
on
or
after
the
effective
date
of
this
Act.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
open
enrollment.
Current
law
25
authorizes
a
parent
or
guardian
to
enroll
the
parent’s
or
26
guardian’s
child
in
a
public
school
in
another
school
district
27
at
any
time,
subject
to
certain
limited
exceptions.
The
bill
28
establishes
that,
in
order
for
a
parent
or
guardian
to
open
29
enroll
the
parent’s
or
guardian’s
child,
the
parent
or
guardian
30
is
required
to
send
a
notification
to
that
effect
to
both
the
31
district
of
residence
and
the
receiving
district
by
March
1
32
of
the
preceding
school
year
for
students
entering
grades
1
33
through
12,
or
by
September
1
of
the
current
school
year
for
34
students
entering
kindergarten
or
for
prekindergarten
students
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enrolled
in
special
education
programs
and
included
in
the
1
school
district’s
basic
enrollment.
The
bill
provides
that,
2
if
a
parent
or
guardian
fails
to
send
the
notification
when
3
required,
the
parent
or
guardian
may
still
be
able
to
open
4
enroll
the
parent’s
or
guardian’s
child
if
“good
cause”,
as
5
defined
in
Code
section
282.18(9)(a)(8),
exists
for
failure
to
6
meet
the
March
1
deadline.
If
good
cause
does
not
exist
for
7
failure
to
meet
the
March
1
deadline,
the
bill
establishes
that
8
open
enrollment
applications
are
subject
to
the
approval
of
the
9
board
of
the
resident
district
and
the
board
of
the
receiving
10
district
and
provides
for
the
right
to
appeal
the
decision
of
11
either
board
to
the
state
board
of
education.
12
The
bill
provides
that
an
application
for
open
enrollment
13
may
be
granted
at
any
time
with
approval
of
the
resident
and
14
receiving
districts.
15
The
bill
establishes
appeal
and
mediation
mechanisms,
16
involving
both
the
department
of
education
and
the
state
board
17
of
education,
to
resolve
disputes
between
school
districts
18
related
to
applications
for
open
enrollment.
19
The
bill
applies
to
applications
and
notifications
related
20
to
open
enrollment
submitted
on
or
after
the
effective
date
of
21
the
bill.
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