Text: H08214 Text: H08216 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2515 as follows: 1 2 #1. Page 3, by striking lines 21 and 22 and 1 3 inserting the following: 1 4 "Sec. . Section 260C.5, subsection 6, Code 2001 1 5 is amended by striking the subsection." 1 6 #2. By striking page 4, line 22 through page 7, 1 7 line 25 and inserting the following: 1 8 "Sec. . Section 260C.38, unnumbered paragraphs 1 9 1 and 3, Code 2001, are amended to read as follows: 1 10 The board of directors may, with the approval of1 11the director of the department of education,enter 1 12 into lease agreements, with or without purchase 1 13 options, not to exceed twenty years in duration, for 1 14 the leasing or rental of buildings for use basically 1 15 as classrooms, laboratories, shops, libraries, and 1 16 study halls for community college purposes, and pay 1 17 for the leasing or rental with funds acquired pursuant 1 18 to section 260C.17, section 260C.18, and section 1 19 260C.22.However, lease agreements extending for less1 20than ten years and for less than twenty-five thousand1 21dollars per year need not be submitted to the director1 22of the department of education for approval.1 23 Before entering into a lease agreement with a 1 24 purchase option for a building to be constructed, or 1 25 placed, upon real estate owned by the community 1 26 college, the board shall first adopt plans and 1 27 specifications for the proposed building which it 1 28 considers suitable for the intended use, and the board 1 29 shall also adopt the proposed terms of the lease 1 30 agreement and purchase option.Upon obtaining the1 31approval of the director of the department of1 32education, if approval of the director is required,1 33theThe board shall invite bids, by advertisement 1 34 published once each week for two consecutive weeks in 1 35 the county where the building is to be located. The 1 36 lease agreement shall be awarded to the lowest 1 37 responsible bidder, or the board may reject all bids 1 38 and readvertise for new bids. 1 39 Sec. . Section 282.18, subsection 2, Code 2001, 1 40 is amended to read as follows: 1 41 2. By January 1 of the preceding school year, the 1 42 parent or guardian shall send notification to the 1 43 district of residence and the receiving district, on 1 44 forms prescribed by the department of education, that 1 45 the parent or guardian intends to enroll the parent's 1 46 or guardian's child in a public school in another 1 47 school district. If a parent or guardian fails to 1 48 file a notification that the parent intends to enroll 1 49 the parent's or guardian's child in a public school in 1 50 another district by the deadline of January 1 of the 2 1 previous year, and one of the criteria defined in 2 2 subsection164 exists for the failure to meet the 2 3 deadline or if the request is to enroll a child in 2 4 kindergarten in a public school in another district, 2 5 the parent or guardian shall be permitted to enroll 2 6 the child in the other district in the same manner as 2 7 if the deadline had been met. 2 8The board of directors of a school district may2 9adopt a policy granting the superintendent of the2 10district authority to approve open enrollment2 11applications that are timely filed. However, the2 12board of directors shall not grant the superintendent2 13authority to deny open enrollment applications, except2 14as provided in subsection 3. The board of the2 15district of residence, or the superintendent with the2 16board's authority to only approve applications, shall2 17take action on the request no later than February 1 of2 18the preceding school year and shall transmit any2 19approved request within five days after board action2 20on the request. The parent or guardian may withdraw2 21the request at any time prior to the start of the2 22school year. The board of the receiving district, or2 23the superintendent with the board's authority to2 24approve applications only, shall take action to2 25approve or disapprove the request no later than March2 261 of the preceding school year.The board of the 2 27 receiving district shall enroll the pupil in a school 2 28 in the receiving district for the following school 2 29 year unless the receiving district does not have 2 30 classroom space for the pupil. If the request is 2 31 granted, the board shall transmit a copy of the form 2 32 to the parent or guardian and the school district of 2 33 residence within five days after board action, but not 2 34 later than March 1 of the preceding school year. The 2 35 parent or guardian may withdraw the request at any 2 36 time prior to the start of the school year. A denial 2 37 of a request by the board of a receiving district is 2 38 not subject to appeal. 2 39 Sec. . Section 282.18, subsection 3, unnumbered 2 40 paragraph 2, Code 2001, is amended to read as follows: 2 41 A parent or guardian, whose request has been denied 2 42 because of a desegregation order or plan, may appeal 2 43 the decision of the superintendent to the board of the 2 44 district in which the request was denied. The board 2 45 may either uphold or overturn the superintendent's 2 46 decision. A decision of the board to uphold the 2 47 denial of the request is subject to appealunder2 48section 290.1to the district court in the county in 2 49 which the primary business office of the district is 2 50 located. 3 1 Sec. . Section 282.18, subsections 4 and 5, 3 2 Code 2001, are amended by striking the subsections and 3 3 inserting in lieu thereof the following: 3 4 4. a. After January 1 of the preceding school 3 5 year and until the third Friday in September of that 3 6 calendar year, the parent or guardian shall send 3 7 notification to the district of residence and the 3 8 receiving district, on forms prescribed by the 3 9 department of education, that good cause, as defined 3 10 in paragraph "b", exists for failure to meet the 3 11 January 1 deadline. The board of the receiving 3 12 district shall take action to approve the request if 3 13 good cause exists. If the request is granted, the 3 14 board shall transmit a copy of the form to the parent 3 15 or guardian and the school district of residence 3 16 within five days after board action. A denial of a 3 17 request by the board of a receiving district is not 3 18 subject to appeal. 3 19 b. For purposes of this section, "good cause" 3 20 means a change in a child's residence due to a change 3 21 in family residence, a change in the state in which 3 22 the family residence is located, a change in a child's 3 23 parents' marital status, a guardianship or custody 3 24 proceeding, placement in foster care, adoption, 3 25 participation in a foreign exchange program, or 3 26 participation in a substance abuse or mental health 3 27 treatment program, a change in the status of a child's 3 28 resident district such as removal of accreditation by 3 29 the state board, surrender of accreditation, or 3 30 permanent closure of a nonpublic school, the failure 3 31 of negotiations for a whole-grade sharing, 3 32 reorganization, dissolution agreement or the rejection 3 33 of a current whole-grade sharing agreement, or 3 34 reorganization plan. If the good cause relates to a 3 35 change in status of a child's school district of 3 36 residence, however, action by a parent or guardian 3 37 must be taken to file the notification within forty- 3 38 five days of the last board action or within thirty 3 39 days of the certification of the election, whichever 3 40 is applicable to the circumstances. 3 41 c. If a resident district believes that a 3 42 receiving district is unreasonable in approving 3 43 applications submitted in accordance with this 3 44 subsection, the resident district may request that the 3 45 department review and take appropriate action. 3 46 5. Open enrollment applications filed after 3 47 January 1 of the preceding school year that do not 3 48 qualify for good cause as provided in subsection 4 3 49 shall be subject to the approval of the board of the 3 50 resident district and the board of the receiving 4 1 district. The parent or guardian shall send 4 2 notification to the district of residence and the 4 3 receiving district that the parent or guardian seeks 4 4 to enroll the parent's or guardian's child in the 4 5 receiving district. A decision of either board to 4 6 deny an application filed under this subsection 4 7 involving repeated acts of harassment of the student 4 8 or serious health condition of the student that the 4 9 resident district cannot adequately address is subject 4 10 to appeal under section 290.1. The state board shall 4 11 exercise broad discretion to achieve just and 4 12 equitable results that are in the best interest of the 4 13 affected child or children. 4 14 Sec. . Section 282.18, subsection 6, Code 2001, 4 15 is amended to read as follows: 4 16 6. A request under this section is for a period of 4 17 not less than one year. If the request is for more 4 18 than one year and the parent or guardian desires to 4 19 have the pupil enroll in a different district, the 4 20 parent or guardian may petition the current receiving 4 21 district by January 1 of the previous school year for 4 22 permission to enroll the pupil in a different district 4 23 for a period of not less than one year. Upon receipt 4 24 of such a request, the current receiving district 4 25 board may act on the request to transfer to the other 4 26 school district at the next regularly scheduled board 4 27 meeting after the receipt of the request. The new 4 28 receiving district shall enroll the pupil in a school 4 29 in the district unless there is insufficient classroom 4 30 space in the district or unless enrollment of the 4 31 pupil would adversely affect the court-ordered or 4 32 voluntary desegregation plan of the district. A 4 33 denial of a request to change district enrollment 4 34 within the approved period is not subject to appeal 4 35 under section 290.1. However, a pupil who has been in 4 36 attendance in another district under this section may 4 37 return to the district of residence and enroll at any 4 38 time, once the parent or guardian has notified the 4 39 district of residence and the receiving district in 4 40 writing of the decision to enroll the pupil in the 4 41 district of residence. 4 42 Sec. . Section 282.18, subsection 14, Code 4 43 2001, is amended to read as follows: 4 44 14. If a pupil, for whom a request to transfer has 4 45 been filed with a district, has been suspended or 4 46 expelled in the district, the pupil shall not be 4 47 permitted to transfer until the pupil has been 4 48 reinstated in the sending district. Once the pupil 4 49 has been reinstated, however, the pupil shall be 4 50 permitted to transfer in the same manner as if the 5 1 pupil had not been suspended or expelled by the 5 2 sending district. If a pupil, for whom a request to 5 3 transfer has been filed with a district, is expelled 5 4 in the district, the pupil shall be permitted to 5 5 transfer to a receiving district under this section if 5 6 the pupil applies for and is reinstated in the sending 5 7 district. However, if the pupil applies for 5 8 reinstatement but is not reinstated in the sending 5 9 district, the receiving district may deny the request 5 10 to transfer. Theparent or guardian of the pupil5 11shall be permitted to appeal thedecision of the 5 12 receiving districtto the director of the department5 13of education. If the director rules in favor of5 14permitting the transfer, the pupil shall be permitted5 15to transfer, but the transfer shall be conditioned5 16upon the expiration of the expulsion period without5 17the pupil incurring a new violationis not subject to 5 18 appeal. 5 19 Sec. . Section 282.18, subsection 16, Code 5 20 2001, is amended by striking the subsection and 5 21 inserting in lieu thereof the following: 5 22 16. An application for open enrollment may be 5 23 granted at any time with approval of the resident and 5 24 receiving districts. 5 25 Sec. ___. Section 282.18, subsection 18, Code 5 26 2001, is amended by striking the subsection." 5 27 #3. Page 18, by striking line 30 and inserting the 5 28 following: 5 29 "Sec. ___. Sections 256.34 and 260C.70, Code 2001, 5 30 are repealed." 5 31 #4. Page 18, by inserting after line 30 the 5 32 following: 5 33 "Sec. 101. WHOLE-GRADE SHARING AGREEMENT DEADLINE 5 34 WAIVER. Notwithstanding sections 282.10 and 282.11, 5 35 the department of education may, at the department's 5 36 discretion, waive any of the deadline requirements of 5 37 sections 282.10 and 282.11, relating to the signing of 5 38 a whole-grade sharing agreement by the boards of two 5 39 or more school districts involved in the agreement and 5 40 the public notice and hearing requirements, if one of 5 41 the districts involved in the agreement has an 5 42 enrollment of less than two hundred. This section is 5 43 repealed July 1, 2002. 5 44 Sec. ___. EFFECTIVE DATE – APPLICABILITY. 5 45 Section 101 of this Act, relating to a waiver for 5 46 whole-grade sharing agreement deadlines, being deemed 5 47 of immediate importance, takes effect upon enactment 5 48 and applies from the date of enactment to June 30, 5 49 2002." 5 50 #5. Title page, line 2, by striking the words "an 6 1 effective date" and inserting the following: 6 2 "effective and applicability dates". 6 3 6 4 6 5 6 6 BRUNKHORST of Bremer 6 7 6 8 6 9 6 10 COHOON of Des Moines 6 11 HF 2515.202 79 6 12 kh/sh
Text: H08214 Text: H08216 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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