Text: HSB00731 Text: HSB00733 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 282.18, subsection 2, Code 1995, is 1 2 amended to read as follows: 1 3 2. ByOctober 30February 1 of the preceding school year, 1 4 the parent or guardian shall send notification to the district 1 5 of residence, on forms prescribed by the department of 1 6 education, that the parent or guardian intends to enroll the 1 7 parent's or guardian's child in a public school in another 1 8 school district.The parent or guardian shall describe the1 9reason for enrollment in the receiving district.If a parent 1 10 or guardian fails to file a notification that the parent 1 11 intends to enroll the parent's or guardian's child in a public 1 12 school in another district by the deadline ofOctober 301 13 February 1 of the previous year, and one of the criteria 1 14 defined in subsection 18 exists for the failure to meet the 1 15 deadline or if the request is to enroll a child in 1 16 kindergarten in a public school in another district, the 1 17 parent or guardian shall be permitted to enroll the child in 1 18 the other district in the same manner as if the deadline had 1 19 been met. 1 20 The board of directors of a school district may adopt a 1 21 policy granting the superintendent of the district authority 1 22 to approve open enrollment applications that are timely filed. 1 23 However, the board of directors shall not grant the 1 24 superintendent authority to deny open enrollment applications, 1 25 except as provided in subsection 4. The board of the district 1 26 of residence, or the superintendent with the board's authority 1 27 to only approve applications, shall take action on the request 1 28 no later thanNovember 30March 1 of the preceding school year 1 29 and shall transmit any approved request within five days after 1 30 board action on the request. The parent or guardian may 1 31 withdraw the request at any time prior to the start of the 1 32 school year. The board of the receiving district, or the 1 33 superintendent with the board's authority to approve 1 34 applications only, shall take action to approve or disapprove 1 35 the request no later thanDecember 31April 1 of the preceding 2 1 school year. The board of the receiving district shall enroll 2 2 the pupil in a school in the receiving district for the 2 3 following school year unless the receiving district does not 2 4 have classroom space for the pupil. If the request is 2 5 granted, the board shall transmit a copy of the form to the 2 6 school district of residence within five days after board 2 7 action. 2 8 Sec. 2. Section 282.18, subsections 7, 8 and 18, Code 2 9 1995, are amended to read as follows: 2 10 7. A request under this section is for a period of not 2 11 less than one year. If the request is for more than one year 2 12 and the parent or guardian desires to have the pupil enroll in 2 13 a different district, the parent or guardian may petition the 2 14 current receiving district byOctober 30February 1 of the 2 15 previous school year for permission to enroll the pupil in a 2 16 different district for a period of not less than one year. 2 17 Upon receipt of such a request, the current receiving district 2 18 board may act on the request to transfer to the other school 2 19 district at the next regularly scheduled board meeting after 2 20 the receipt of the request. The new receiving district shall 2 21 enroll the pupil in a school in the district unless there is 2 22 insufficient classroom space in the district or unless 2 23 enrollment of the pupil would adversely affect the court- 2 24 ordered or voluntary desegregation plan of the district. A 2 25 denial of a request to change district enrollment within the 2 26 approved period is subject to appeal under section 290.1. 2 27 However, a pupil who has been in attendance in another 2 28 district under this section may return to the district of 2 29 residence and enroll at any time, once the parent or guardian 2 30 has notified the district of residence and the receiving 2 31 district in writing of the decision to enroll the pupil in the 2 32 district of residence. 2 33 8. A pupil participating in open enrollment shall be 2 34 counted, for state school foundation aid purposes, in the 2 35 pupil's district of residence. A pupil's residence, for 3 1 purposes of this section, means a residence under section 3 2 282.1. The board of directors of the district of residence 3 3 shall pay to the receiving district thelower districtstate 3 4 cost per pupiloffor thetwo districtsprevious school year, 3 5 plus any moneys received for the pupil as a result of the non- 3 6 English speaking weighting under section 280.4, subsection 4, 3 7 foreachthe previous school year multiplied by the state cost 3 8 for the previous year. The district of residence shall also 3 9 transmit the phase III moneys allocated to the district for 3 10 the previous year for the full-time equivalent attendance of 3 11 the pupil, who is the subject of the request, to the receiving 3 12 district specified in the request for transfer. 3 13 18. For purposes of this section, "good cause" means a 3 14 change in a child's residence due to a change in family 3 15 residence, a change in the state in which the family residence 3 16 is located, a change in a child's parents' marital status, a 3 17 guardianship proceeding, placement in foster care, adoption, 3 18 participation in a foreign exchange program, or participation 3 19 in a substance abuse or mental health treatment program, or a 3 20 similar set of circumstances consistent with the definition of 3 21 good cause; a change in the status of a child's resident 3 22 district, such as removal of accreditation by the state board, 3 23 surrender of accreditation, or permanent closure of a 3 24 nonpublic school, the failure of negotiations for a whole- 3 25 grade sharing, reorganization, dissolution agreement or the 3 26 rejection of a current whole-grade sharing agreement, or 3 27 reorganization plan, or a similar set of circumstances 3 28 consistent with the definition of good cause. If the good 3 29 cause relates to a change in status of a child's school 3 30 district of residence, however, action by a parent or guardian 3 31 must be taken to file the notification within forty-five days 3 32 of the last board action or within thirty days of the 3 33 certification of the election, whichever is applicable to the 3 34 circumstances. 3 35 Sec. 3. Section 282.18, subsection 12, Code 1995, is 4 1 amended by striking the subsection. 4 2 EXPLANATION 4 3 This bill changes open enrollment application deadlines, 4 4 eliminates the requirement that parents give a reason for open 4 5 enrolling on the application, permits the board of directors 4 6 of a school district to grant the district superintendent the 4 7 authority to approve, but not deny, open enrollment 4 8 applications timely filed, provides that the amount paid for 4 9 open enrollment students is the state per pupil cost for the 4 10 previous year, strikes a requirement that a pupil attend the 4 11 open enrollment district, and adds the removal or surrender of 4 12 accreditation and the closing of a nonpublic school as good 4 13 cause for making late application for open enrollment. 4 14 The deadline for making application for open enrollment is 4 15 moved from October 30 to February 1. The date by which the 4 16 board of the district of residence must take action on the 4 17 application is moved from November 30 to March 1, and the date 4 18 by which the receiving district must take action on the 4 19 request is moved from December 31 to April 1. 4 20 The board of directors of the district of residence shall 4 21 pay to the receiving district the state cost per pupil for the 4 22 previous school year, rather than the lower of the two 4 23 districts' cost, plus any moneys received for the pupil as a 4 24 result of the non-English speaking weighting under section 4 25 280.4, subsection 4, for the previous school year multiplied 4 26 by the state cost for the previous year. The district of 4 27 residence is also required to transmit to the receiving 4 28 district the phase III moneys allocated to the district of 4 29 residence for the previous year for the full-time equivalent 4 30 attendance of the pupil. 4 31 The definition of "good cause" for purposes permitting a 4 32 parent to submit, and a district to approve, a late 4 33 application is expanded to include the removal of 4 34 accreditation by the state board, the surrender of 4 35 accreditation, and the permanent closure of a nonpublic 5 1 school. 5 2 A provision requiring a child to attend school in the 5 3 district approved under the application process is struck from 5 4 the Code. 5 5 BACKGROUND STATEMENT 5 6 SUBMITTED BY THE AGENCY 5 7 With five years of experience implementing Iowa's open 5 8 enrollment statute, the department is proposing changes 5 9 designed to streamline the open enrollment application and 5 10 implementation process. Many of the provisions in this bill 5 11 are recommendations from an open enrollment task force 5 12 comprised of superintendents, district administrators, and 5 13 department consultants. 5 14 Section 1 moves the application deadline from October 30 to 5 15 February 1. Iowa currently has the earliest open enrollment 5 16 deadline date of any state. This change would cut down on the 5 17 large number of late applications and allow parents to make an 5 18 open enrollment decision after the first semester of the 5 19 school year. 5 20 Section 1 also eliminates the need for parents to give a 5 21 reason for open enrolling. Legal precedent indicates that any 5 22 timely filed open enrollment application cannot be denied. 5 23 Some boards have improperly denied applications because they 5 24 did not like the reason the parent provided on the 5 25 application. In addition, the accuracy of the reasons is 5 26 questionable. 5 27 In addition, section 1 permits a school board to delegate 5 28 to the superintendent the authority to approve timely filed 5 29 applications. Given the current legal precedent, timely filed 5 30 applications cannot be denied. As such, districts can 5 31 streamline the applications process by delegating this 5 32 function to the superintendent. 5 33 Section 2 states that the amount to be paid for open 5 34 enrollment students will be the state per pupil cost for the 5 35 previous year. This would greatly reduce the amount of time 6 1 spent by billing agents as they would no longer have to check 6 2 the per pupil cost of every relevant district. 6 3 Section 2 also adds the removal or surrender of 6 4 accreditation or the closing of a nonpublic school as a good 6 5 cause reason for allowing a late application. This allowed 6 6 exception for late filing is needed given the inability to 6 7 predict the loss of accreditation or the closing of a 6 8 nonpublic school. 6 9 Section 3 strikes the requirement that a pupil attend the 6 10 open enrollment district. This section is no longer 6 11 necessary. It was originally intended to stop parents or 6 12 guardians from requesting open enrollment, sending their child 6 13 to a nonpublic school and keeping the open enrollment option 6 14 open. A prohibition on this type of "place saving" is covered 6 15 by department rule. 6 16 LSB 3375DP 76 6 17 kh/jw/5.1
Text: HSB00731 Text: HSB00733 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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