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Senate File 2201

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  1  1    Section 1.  Section 282.18, subsection 2, Code 1995, is
  1  2 amended to read as follows:
  1  3    2.  By October 30 January 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 the
  1  9 reason 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 of October 30
  1 13 January 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 than November 30 February 1 of the preceding school
  1 29 year and shall transmit any approved request within five days
  1 30 after 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 than December 31 March 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 by October 30 January 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 the lower district state
  3  4 cost per pupil of for the two districts previous 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 for each the 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    Sec. 4.  INSTRUCTIONAL SUPPORT FOR REORGANIZED SCHOOL
  4  3 DISTRICTS.  Notwithstanding section 257.18, subsection 3, and
  4  4 section 257.27, a school district participating in an
  4  5 instructional support program on or after July 1, 1995, which
  4  6 reorganizes effective July 1, 1996, may continue to
  4  7 participate in the instructional support program for the
  4  8 budget year beginning July 1, 1996.  The percent of income
  4  9 surtax imposed for the budget year beginning July 1, 1996, by
  4 10 the board of directors of the school district that reorganizes
  4 11 effective July 1, 1996, shall not exceed seventeen percent.  
  4 12 SF 2201
  4 13 kh/cc/26
     

Text: SF02200                           Text: SF02202
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