House File 2164 - Enrolled

PAG LIN



  1  1                                         HOUSE FILE 2164
  1  2
  1  3                             AN ACT
  1  4 RELATING TO VOLUNTARY DIVERSITY OR COURT=ORDERED SCHOOL
  1  5    DESEGREGATION PLANS UNDER THE STATE'S OPEN ENROLLMENT LAW.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 282.18, subsection 3, Code 2007, is
  1 10 amended to read as follows:
  1 11    3.  In all districts involved with voluntary or
  1 12 court=ordered desegregation, minority and nonminority pupil
  1 13 ratios shall be maintained according to the desegregation plan
  1 14 or order.  The superintendent of a district subject to a
  1 15 voluntary diversity or court=ordered desegregation plan, as
  1 16 recognized by rule of the state board of education, may deny a
  1 17 request for transfer under this section if the superintendent
  1 18 finds that enrollment or release of a pupil will adversely
  1 19 affect the district's implementation of the desegregation
  1 20 order or diversity plan, unless the transfer is requested by a
  1 21 pupil whose sibling is already participating in open
  1 22 enrollment to another district, or unless the request for
  1 23 transfer is submitted to the district in a timely manner as
  1 24 required under subsection 2 prior to the adoption of a
  1 25 desegregation plan by the district.  If a transfer request
  1 26 would facilitate a voluntary diversity or court=ordered
  1 27 desegregation plan, the district shall give priority to
  1 28 granting the request over other requests.
  1 29    A parent or guardian, whose request has been denied because
  1 30 of a desegregation order or diversity plan, may appeal the
  1 31 decision of the superintendent to the board of the district in
  1 32 which the request was denied.  The board may either uphold or
  1 33 overturn the superintendent's decision.  A decision of the
  1 34 board to uphold the denial of the request is subject to appeal
  1 35 to the district court in the county in which the primary
  2  1 business office of the district is located.  By July 1, 2004,
  2  2 the The state board of education shall adopt rules
  2  3 establishing definitions, guidelines, and a review process for
  2  4 school districts that adopt voluntary desegregation diversity
  2  5 plans.  The guidelines shall include criteria and standards
  2  6 that school districts must follow when developing a voluntary
  2  7 desegregation diversity plan.  The department of education
  2  8 shall provide technical assistance to a school district that
  2  9 is seeking to adopt a voluntary desegregation diversity plan.
  2 10 A school district implementing a voluntary desegregation
  2 11 diversity plan prior to July 1, 2004 2008, shall have until
  2 12 July 1, 2006 2009, to comply with guidelines adopted by the
  2 13 state board pursuant to this section.
  2 14
  2 15
  2 16                                                             
  2 17                               PATRICK J. MURPHY
  2 18                               Speaker of the House
  2 19
  2 20
  2 21                                                             
  2 22                               JOHN P. KIBBIE
  2 23                               President of the Senate
  2 24
  2 25    I hereby certify that this bill originated in the House and
  2 26 is known as House File 2164, Eighty=second General Assembly.
  2 27
  2 28
  2 29                                                             
  2 30                               MARK BRANDSGARD
  2 31                               Chief Clerk of the House
  2 32 Approved                , 2008
  2 33
  2 34
  2 35                            
  3  1 CHESTER J. CULVER
  3  2 Governor