Text: HF02068 Text: HF02070 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 282.18, subsection 2, Code Supplement 1 2 1997, is amended to read as follows: 1 3 2.By January 1 of the preceding school year, theThe 1 4 parent or guardian shall send notification to the district of 1 5 residence, on forms prescribed by the department of education, 1 6 that the parent or guardian intends to enroll the parent's or 1 7 guardian's child in a public school in another school 1 8 district.If a parent or guardian fails to file a1 9notification that the parent intends to enroll the parent's or1 10guardian's child in a public school in another district by the1 11deadline of January 1 of the previous year, and one of the1 12criteria defined in subsection 16 exists for the failure to1 13meet the deadline or if the request is to enroll a child in1 14kindergarten in a public school in another district, the1 15parent or guardian shall be permitted to enroll the child in1 16the other district in the same manner as if the deadline had1 17been met.1 18 The board of directors of a school district may adopt a 1 19 policy granting the superintendent of the district authority 1 20 to approve open enrollment applicationsthat are timely filed. 1 21 However, the board of directors shall not grant the 1 22 superintendent authority to deny open enrollment applications, 1 23 except as provided in subsection 3. The board of the district 1 24 of residence, or the superintendent with the board's authority 1 25 to only approve applications, shall take action on the request 1 26no later than February 1 of the preceding school yearno later 1 27 than the next regularly scheduled board meeting and shall 1 28 transmit any approved request within five days after board 1 29 action on the request. The parent or guardian may withdraw 1 30 the request at any timeprior to the start of the school year. 1 31 The board of the receiving district, or the superintendent 1 32 with the board's authority to approve applications only, shall 1 33 take action to approve or disapprove the requestno later than1 34March 1 of the preceding school yearas soon as practicable 1 35 after receipt of the request. The board of the receiving 2 1 district shall enroll the pupil in a school in the receiving 2 2 districtfor the following school yearat a time mutually 2 3 agreed upon by the parent or guardian and the board unless the 2 4 receiving district does not have classroom space for the 2 5 pupil. If the request is granted, the board shall transmit a 2 6 copy of the form to the school district of residence within 2 7 five days after board action. 2 8 Sec. 2. Section 282.18, subsections 4 and 16, Code 2 9 Supplement 1997, are amended by striking the subsections. 2 10 Sec. 3. Section 282.18, subsections 6 and 7, Code 2 11 Supplement 1997, are amended to read as follows: 2 12 6.A request under this section is for a period of not2 13less than one year.Ifthe request is for more than one year2 14and thea parent or guardian desires to have the pupil enroll 2 15 in adifferentdistrict other than the district applied to 2 16 under subsection 2, the parent or guardian may petition the 2 17 current receiving districtby January 1 of the previous school2 18yearfor permission to enroll the pupil in adifferent2 19 districtfor a period of not less than one yearother than the 2 20 current receiving district. Upon receipt of such a request, 2 21 the current receiving district board may act on the request to 2 22 transfer to the other school district at the next regularly 2 23 scheduled board meeting after the receipt of the request. The 2 24 new receiving district shall enroll the pupil in a school in 2 25 the district unless there is insufficient classroom space in 2 26 the district or unless enrollment of the pupil would adversely 2 27 affect the court-ordered or voluntary desegregation plan of 2 28 the district. A denial of a request to change district 2 29 enrollmentwithin the approved periodis subject to appeal 2 30 under section 290.1. However, a pupil who has been in 2 31 attendance in another district under this section may return 2 32 to the district of residence and enroll at any time, once the 2 33 parent or guardian has notified the district of residence and 2 34 the receiving district in writing of the decision to enroll 2 35 the pupil in the district of residence. 3 1 7. A pupil participating in open enrollment shall be 3 2 counted, for state school foundation aid purposes, in the 3 3 pupil's district of residence. A pupil's residence, for 3 4 purposes of this section, means a residence under section 3 5 282.1. The board of directors of the district of residence 3 6 shall pay to the receiving district the state cost per pupil 3 7 for the previous school year, plus any moneys received for the 3 8 pupil as a result of the non-English speaking weighting under 3 9 section 280.4, subsection 3, for the previous school year 3 10 multiplied by the state cost per pupil for the previous year. 3 11 The district of residence shall also transmit the phase III 3 12 moneys allocated to the district for the previous year for the 3 13 full-time equivalent attendance of the pupil, who is the 3 14 subject of the request, to the receiving district specified in 3 15 the request for transfer. However, the district of residence 3 16 shall pay to the receiving district only that percentage of 3 17 the amounts identified in this subsection equal to the number 3 18 of days the pupil was enrolled in the receiving district 3 19 during the school year divided by the number of days the pupil 3 20 was enrolled in the district of residence and in the receiving 3 21 district during the school year. 3 22 Sec. 4. Section 282.18, subsection 9, unnumbered paragraph 3 23 1, Code Supplement 1997, is amended to read as follows: 3 24 If a parent or guardian of a child, who is participating in 3 25 open enrollment under this section, moves to a different 3 26 school district during the course of either district's 3 27 academic year, the child's first district of residence shall 3 28 be responsible for payment of the prorated cost per pupil plus 3 29 weightings or special education costs to the receiving school 3 30 district for the balance of the school year in which the move 3 31 took place. The new district of residence shall be 3 32 responsible for the payments during succeeding years. 3 33 Sec. 5. Section 282.18, subsection 9, unnumbered paragraph 3 34 2, Code Supplement 1997, is amended by striking the unnumbered 3 35 paragraph. 4 1 Sec. 6. Section 282.18, subsection 9, unnumbered paragraph 4 2 4, Code Supplement 1997, is amended to read as follows: 4 3 If the transfer of a pupil from one district to another 4 4 results in a transfer from one area education agency to 4 5 another, the sending district shall forward a copy of the 4 6 request to the sending district's area education agency. The 4 7 receiving district shall forward a copy of the request to the 4 8 receiving district's area education agency. Any moneys 4 9 received by the area education agency of the sending district 4 10 for the pupil who is the subject of the request shall be 4 11 forwarded to the receiving district's area education agency. 4 12 However, the sending district's area education agency shall 4 13 pay to the receiving district's area education agency only 4 14 that percentage of the amounts identified in this subsection 4 15 equal to the number of days the pupil was enrolled in the 4 16 receiving district during the school year divided by the 4 17 number of days the pupil was enrolled in the sending district 4 18 and in the receiving district during the school year. 4 19 Sec. 7. Section 282.18, subsection 9, unnumbered paragraph 4 20 5, Code Supplement 1997, is amended by striking the unnumbered 4 21 paragraph. 4 22 Sec. 8. Section 282.18, subsection 13, Code Supplement 4 23 1997, is amended to read as follows: 4 24 13. A pupil who participates in open enrollment for 4 25 purposes of attending a grade in grades ten through twelve in 4 26 a school district other than the district of residence is 4 27 ineligible to participate in interscholastic athletic contests 4 28 and athletic competitions during the pupil's first ninety 4 29 school days of enrollment in the district except that the 4 30 pupil may participate immediately in an interscholastic sport 4 31 if the district of residence and the other school district 4 32 jointly participate in the sport, if the sport in which the 4 33 pupil wishes to participate is not offered in the district of 4 34 residence, if the pupil chooses to use open enrollment to 4 35 attend school in another school district because the district 5 1 in which the student previously attended school was dissolved 5 2 and merged with one or more contiguous school districts under 5 3 section 256.11, subsection 12, if the pupil participates in 5 4 open enrollment because the pupil's district of residence has 5 5 entered into a whole grade sharing agreement with another 5 6 district for the pupil's grade, or if the parent or guardian 5 7 of the pupil participating in open enrollment is an active 5 8 member of the armed forces and resides in permanent housing on 5 9 government property provided by a branch of the armed 5 10 services.A pupil who has paid tuition and attended school,5 11or has attended school pursuant to a mutual agreement between5 12the two districts, in a district other than the pupil's5 13district of residence for at least one school year prior to5 14March 10, 1989, is also eligible to participate immediately in5 15interscholastic athletic contests and athletic competitions5 16under this section, but only as a member of a team from the5 17district that pupil had attended.For purposes of this 5 18 subsection, "school days of enrollment" do not include 5 19 enrollment in summer school. 5 20 EXPLANATION 5 21 This bill strikes references to open enrollment calendar 5 22 deadlines and the references to good cause related to denial 5 23 of an open enrollment request, and replaces the calendar dates 5 24 with time frames by which school districts or school district 5 25 superintendents must act on a request for open enrollment. 5 26 Current Code section 282.18 provides that a parent or 5 27 guardian must provide notification to the school district of 5 28 residence by January 1, the district of residence must act by 5 29 February 1, and the receiving district must act by March 1. 5 30 Under the bill, a parent or guardian may provide notification 5 31 at any time and, unless the receiving district does not have 5 32 the classroom space or the district of residence is involved 5 33 in voluntary or court-ordered desegregation, the pupil shall 5 34 be enrolled at a time mutually agreed upon by the parent or 5 35 guardian and the school board of the receiving district. 6 1 Moneys paid by a district of residence and the area 6 2 education agency that serves the district, to a receiving 6 3 district and the area education agency that serves the 6 4 receiving district, shall be prorated. 6 5 The bill also strikes obsolete Code language related to an 6 6 open-enrolled pupil's immediate participation in 6 7 interscholastic athletic contests and competitions. 6 8 LSB 3051YH 77 6 9 kh/sc/14
Text: HF02068 Text: HF02070 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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