House File 2164 - Introduced
HOUSE FILE
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO HSB 530)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to voluntary diversity or court=ordered school
2 desegregation plans under the state's open enrollment law.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5331HV 82
5 kh/rj/24
PAG LIN
1 1 Section 1. Section 282.18, subsection 3, Code 2007, is
1 2 amended to read as follows:
1 3 3. In all districts involved with voluntary or
1 4 court=ordered desegregation, minority and nonminority pupil
1 5 ratios shall be maintained according to the desegregation plan
1 6 or order. The superintendent of a district subject to a
1 7 voluntary diversity or court=ordered desegregation plan, as
1 8 recognized by rule of the state board of education, may deny a
1 9 request for transfer under this section if the superintendent
1 10 finds that enrollment or release of a pupil will adversely
1 11 affect the district's implementation of the desegregation
1 12 order or diversity plan, unless the transfer is requested by a
1 13 pupil whose sibling is already participating in open
1 14 enrollment to another district, or unless the request for
1 15 transfer is submitted to the district in a timely manner as
1 16 required under subsection 2 prior to the adoption of a
1 17 desegregation plan by the district. If a transfer request
1 18 would facilitate a voluntary diversity or court=ordered
1 19 desegregation plan, the district shall give priority to
1 20 granting the request over other requests.
1 21 A parent or guardian, whose request has been denied because
1 22 of a desegregation order or diversity plan, may appeal the
1 23 decision of the superintendent to the board of the district in
1 24 which the request was denied. The board may either uphold or
1 25 overturn the superintendent's decision. A decision of the
1 26 board to uphold the denial of the request is subject to appeal
1 27 to the district court in the county in which the primary
1 28 business office of the district is located. By July 1, 2004,
1 29 the The state board of education shall adopt rules
1 30 establishing definitions, guidelines, and a review process for
1 31 school districts that adopt voluntary desegregation diversity
1 32 plans. The guidelines shall include criteria and standards
1 33 that school districts must follow when developing a voluntary
1 34 desegregation diversity plan. The department of education
1 35 shall provide technical assistance to a school district that
2 1 is seeking to adopt a voluntary desegregation diversity plan.
2 2 A school district implementing a voluntary desegregation
2 3 diversity plan prior to July 1, 2004 2008, shall have until
2 4 July 1, 2006 2009, to comply with guidelines adopted by the
2 5 state board pursuant to this section.
2 6 EXPLANATION
2 7 This bill eliminates a reference to minority and
2 8 nonminority pupil ratios maintained according to a voluntary
2 9 desegregation plan or order under the state's open enrollment
2 10 law. The bill requires that the state board of education
2 11 adopt administrative rules establishing definitions,
2 12 guidelines, and a review process for voluntary diversity
2 13 plans, and gives school districts implementing a plan prior to
2 14 July 1, 2008, until July 1, 2009, to comply with the new
2 15 guidelines adopted by the state board. The bill also requires
2 16 departmental rules to recognize court=ordered desegregation
2 17 plans.
2 18 The bill is drafted in response to the U.S. Supreme Court's
2 19 decision in Parents Involved in Community Schools v. Seattle
2 20 School District No. 1 et al., No. 05=908, (together with
2 21 Meredith, Custodial Parent and Next Friend of McDonald v.
2 22 Jefferson County Bd. of Ed et al., No. 05=915,) decided June
2 23 28, 2007. In its decision, the court stated that the court
2 24 has condemned as illegitimate a plan whose objective is
2 25 directed only to racial imbalance, without "any pedagogic
2 26 concept of the level of diversity needed to attain the
2 27 asserted educational benefits." The court reiterated that it
2 28 is permissible to "consider the school's racial makeup" as one
2 29 aspect in adopting "general policies to encourage a diverse
2 30 student body." The court offered a number of measures which
2 31 may be used to offer equal educational opportunity to all.
2 32 LSB 5331HV 82
2 33 kh/rj/24