Senate File 188
SENATE FILE
BY SIEVERS
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to participation in open enrollment in school
2 districts subject to voluntary desegregation and providing
3 effective date and retroactive applicability provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2336XS 80
6 kh/pj/5
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 with voluntary or court=
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 to voluntary
1 7 or court=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 a voluntary or court=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=ordered or voluntary
2 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 12 voluntary or court=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