Text: SF00187 Text: SF00189 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 282.18, subsections 3, 6, and 12, Code 1 2 2003, are amended to read as follows: 1 3 3. In all districts involved withvoluntary orcourt- 1 4 ordered desegregation, minority and nonminority pupil ratios 1 5 shall be maintained according to the desegregation plan or 1 6 order. The superintendent of a district subject tovoluntary1 7orcourt-ordered desegregation may deny a request for transfer 1 8 under this section if the superintendent finds that enrollment 1 9 or release of a pupil will adversely affect the district's 1 10 implementation of the desegregation order or plan, unless the 1 11 transfer is requested by a pupil whose sibling is already 1 12 participating in open enrollment to another district. If a 1 13 transfer request would facilitate avoluntary orcourt-ordered 1 14 desegregation plan, the district shall give priority to 1 15 granting the request over other requests. 1 16 A parent or guardian, whose request has been denied because 1 17 of a court-ordered desegregation order or plan, may appeal the 1 18 decision of the superintendent to the board of the district in 1 19 which the request was denied. The board may either uphold or 1 20 overturn the superintendent's decision. A decision of the 1 21 board to uphold the denial of the request is subject to appeal 1 22 to the district court in the county in which the primary 1 23 business office of the district is located. 1 24 6. A request under this section is for a period of not 1 25 less than one year. If the request is for more than one year 1 26 and the parent or guardian desires to have the pupil enroll in 1 27 a different district, the parent or guardian may petition the 1 28 current receiving district by January 1 of the previous school 1 29 year for permission to enroll the pupil in a different 1 30 district for a period of not less than one year. Upon receipt 1 31 of such a request, the current receiving district board may 1 32 act on the request to transfer to the other school district at 1 33 the next regularly scheduled board meeting after the receipt 1 34 of the request. The new receiving district shall enroll the 1 35 pupil in a school in the district unless there is insufficient 2 1 classroom space in the district or unless enrollment of the 2 2 pupil would adversely affect the court-orderedor voluntary2 3 desegregation plan of the district. A denial of a request to 2 4 change district enrollment within the approved period is not 2 5 subject to appeal. However, a pupil who has been in 2 6 attendance in another district under this section may return 2 7 to the district of residence and enroll at any time, once the 2 8 parent or guardian has notified the district of residence and 2 9 the receiving district in writing of the decision to enroll 2 10 the pupil in the district of residence. 2 11 12. The board of directors of a school district subject to 2 12voluntary orcourt-ordered desegregation shall develop a 2 13 policy for implementation of open enrollment in the district. 2 14 The policy shall contain objective criteria for determining 2 15 when a request would adversely impact the desegregation order 2 16 or plan and criteria for prioritizing requests that do not 2 17 have an adverse impact on the order or plan. 2 18 Sec. 2. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY 2 19 PROVISIONS. This Act, being deemed of immediate importance, 2 20 takes effect upon enactment and applies retroactively to July 2 21 1, 2002, for open enrollment transfer requests received by a 2 22 school district on or after July 1, 2002. 2 23 EXPLANATION 2 24 This bill eliminates language that permits or requires a 2 25 school district to approve, deny, or prioritize a request for 2 26 open enrollment based on the effect the request would have on 2 27 a voluntary desegregation order or plan adopted by the 2 28 district. The bill eliminates related language authorizing a 2 29 parent or guardian to appeal a superintendent's decision to 2 30 deny to the school board when the superintendent's denial is 2 31 based upon the effect the transfer would have on the voluntary 2 32 desegregation plan. The bill also eliminates a requirement 2 33 that a school board that is subject to voluntary desegregation 2 34 adopt an open enrollment implementation policy. 2 35 The bill takes effect upon enactment and applies 3 1 retroactively to July 1, 2002, for open enrollment transfer 3 2 requests received by a school district on or after July 1, 3 3 2002. 3 4 LSB 2336XS 80 3 5 kh/pj/5
Text: SF00187 Text: SF00189 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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