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House Journal: Page 786: Wednesday, March 13, 2002

28 receiving district shall enroll the pupil in a school
29 in the district unless there is insufficient classroom
30 space in the district or unless enrollment of the
31 pupil would adversely affect the court-ordered or
32 voluntary desegregation plan of the district. A
33 denial of a request to change district enrollment
34 within the approved period is not subject to appeal
35 under section 290.1. However, a pupil who has been in
36 attendance in another district under this section may
37 return to the district of residence and enroll at any
38 time, once the parent or guardian has notified the
39 district of residence and the receiving district in
40 writing of the decision to enroll the pupil in the
41 district of residence.
42 Sec. . Section 282.18, subsection 14, Code
43 2001, is amended to read as follows:
44 14. If a pupil, for whom a request to transfer has
45 been filed with a district, has been suspended or
46 expelled in the district, the pupil shall not be
47 permitted to transfer until the pupil has been
48 reinstated in the sending district. Once the pupil
49 has been reinstated, however, the pupil shall be
50 permitted to transfer in the same manner as if the

Page 5

1 pupil had not been suspended or expelled by the
2 sending district. If a pupil, for whom a request to
3 transfer has been filed with a district, is expelled
4 in the district, the pupil shall be permitted to
5 transfer to a receiving district under this section if
6 the pupil applies for and is reinstated in the sending
7 district. However, if the pupil applies for
8 reinstatement but is not reinstated in the sending
9 district, the receiving district may deny the request
10 to transfer. The parent or guardian of the pupil
11 shall be permitted to appeal the decision of the
12 receiving district to the director of the department
13 of education. If the director rules in favor of
14 permitting the transfer, the pupil shall be permitted
15 to transfer, but the transfer shall be conditioned
16 upon the expiration of the expulsion period without
17 the pupil incurring a new violation is not subject to
18 appeal.
19 Sec. . Section 282.18, subsection 16, Code
20 2001, is amended by striking the subsection and
21 inserting in lieu thereof the following:
22 16. An application for open enrollment may be
23 granted at any time with approval of the resident and
24 receiving districts.
25 Sec. ___. Section 282.18, subsection 18, Code
26 2001, is amended by striking the subsection."


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