House File 429 - ReprintedA Bill ForAn Act 1relating to school districts, including authorizing
2the parent or guardian of a student enrolled in a school
3district to enroll the student in another attendance
4center within the same school district in certain specified
5circumstances, requiring school district employees to
6provide notice to the parents or guardians of students
7enrolled in the school district if the employee witnesses
8the student being physically injured, harassed, or bullied,
9and including effective date provisions.
10BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  279.77  Intra-district enrollment.
   21.  A parent or guardian of a student enrolled in a
3school district may enroll the student in another attendance
4center within the same school district that offers classes
5at the student’s grade level in the manner provided in this
6section if, as a result of viewing a recording created by a
7video surveillance system or a report from a school district
8employee, the board of directors of the school district
9determines that any student enrolled in the school district
10has harassed or bullied the student. For purposes of this
11subsection, “harassment” and “bullying” mean the same as defined
12in section 280.28.
   132.  a.  A parent or guardian shall send notification to the
14board of directors of the school district, on forms prescribed
15by the department of education, that the parent or guardian
16intends to enroll the student in another attendance center
17within the same school district that offers classes at the
18student’s grade level.
   19b.  The board of directors of the school district shall
20enroll the student in another attendance center within the same
21school district unless the attendance center has insufficient
22classroom space for the student. The board of directors of a
23school district may adopt a policy granting the superintendent
24of the school district authority to approve requests submitted
25pursuant to this section. If the request is granted, the board
26of directors of the school district shall transmit a copy of
27the form to the parent or guardian within five days after board
28action. The parent or guardian may withdraw the request at any
29time prior to the board of directors’ action on the request.
30A denial of a request by the board of directors is not subject
31to appeal.
   32c.  Each school district shall adopt a policy that defines
33the term “insufficient classroom space” for that district.
   343.  A request under this section is for a period of not
35less than one year. A student who attends school in another
-1-1attendance center pursuant to this section may return to the
2original attendance center and enroll at any time, once the
3parent or guardian has notified the board of directors of
4the school district in writing of the decision to enroll the
5student in the original attendance center.
   64.  If a request filed under this section is for a student
7requiring special education under chapter 256B, the request to
8transfer to another attendance center shall only be granted if
9all of the following conditions are met:
   10a.  The attendance center maintains a special education
11instructional program that is appropriate to meet the student’s
12educational needs and the enrollment of the student in the
13attendance center would not cause the size of the class or
14caseload in that special education instructional program in the
15attendance center to exceed the maximum class size or caseload
16established pursuant to rules adopted by the state board of
17education.
   18b.  If the student would be assigned to a general education
19class, there is sufficient classroom space for the general
20education class to which the student would be assigned.
   215.  If a student, for whom a request to transfer has been
22filed with the board of directors of a school district, has
23been suspended or expelled in the school district, the student
24shall not be permitted to transfer until the student has been
25reinstated. Once the student has been reinstated, however, the
26student shall be permitted to transfer in the same manner as if
27the student had not been suspended or expelled. If a student,
28for whom a request to transfer has been filed with the board
29of directors of a school district, is expelled in the school
30district, the student shall be permitted to transfer under this
31section if the student applies for and is reinstated. However,
32if the student applies for reinstatement but is not reinstated
33in the school district, the board of directors of the school
34district may deny the request to transfer. The decision of
35the board of directors of the school district is not subject
-2-1to appeal.
   26.  A student who is enrolled in another attendance center
3within the same school district pursuant to this section is
4eligible to participate immediately in varsity interscholastic
5athletic contests and athletic competitions as a member of a
6team from the receiving attendance center.
   77.  This section shall not be construed to prohibit a
8school district from allowing the parent or guardian of a
9student enrolled in the school district to enroll the student
10in another attendance center within the same school district
11that offers classes at the student’s grade level pursuant to a
12policy adopted by the board of directors of the school district
13that allows for transfers for reasons in addition to those
14allowed pursuant to this section.
   158.  The state board of education shall adopt rules pursuant
16to chapter 17A to administer this section.
17   Sec. 2.  NEW SECTION.  279.78  Notice to parents or guardians
18related to physical injuries, harassment, or bullying.
   19An employee of a school district shall notify the parents
20or guardians of a student enrolled in the school district in
21writing or by electronic mail within twenty-four hours after
22the employee witnesses, either directly or indirectly by
23viewing a recording created by a video surveillance system, any
24of the following:
   251.  Any student enrolled in the school district physically
26injuring the student.
   272.  Any student enrolled in the school district harassing
28or bullying the student. For purposes of this subsection,
29“harassment” and “bullying” mean the same as defined in section
30280.28.
31   Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate
32importance, takes effect upon enactment.
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