House File 2188 - Introduced HOUSE FILE 2188 BY KAUFMANN A BILL FOR An Act relating to classroom placement of multiple birth 1 siblings by school districts. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5804YH (2) 85 kh/rj
H.F. 2188 Section 1. Section 279.11, Code 2014, is amended to read as 1 follows: 2 279.11 Number of schools —— attendance —— terms placement . 3 1. The board of directors shall determine the number of 4 schools to be taught, divide the corporation into such wards or 5 other divisions for school purposes as may be proper, determine 6 the particular school which each child shall attend, determine 7 grade level and classroom assignment for each student, and 8 designate the period each school shall be held beyond the time 9 required by law. 10 2. a. The parent or guardian of multiple birth siblings 11 who are assigned to the same grade level and school by a 12 school district may request in writing that the school place 13 the siblings in the same classroom or in separate classrooms. 14 The request must be made no later than five days before the 15 first day of each school year or within five days after the 16 first day of attendance of students during the school year if 17 the students are enrolled in the school after the school year 18 commences. 19 b. The school may recommend to the parent or guardian the 20 appropriate classroom placement for multiple birth siblings 21 and may provide professional educational advice to assist the 22 parent or guardian with the decision regarding appropriate 23 classroom placement. 24 c. A school shall provide the multiple birth siblings with 25 the classroom placement requested by the parent or guardian. 26 However, a school is not required to place multiple birth 27 siblings in the same classroom if any of the following apply: 28 (1) Factual evidence of performance shows proof that the 29 multiple birth siblings should be separated. 30 (2) The request would require the school district to add 31 an additional class to the grade level of the multiple birth 32 siblings. 33 (3) At the end of the first grading period following the 34 multiple birth siblings’ enrollment in the school, if the 35 -1- LSB 5804YH (2) 85 kh/rj 1/ 3
H.F. 2188 principal of the school, in consultation with the teacher of 1 each classroom in which the multiple birth siblings are placed, 2 determines that the requested classroom placement is disruptive 3 to the school. 4 d. A parent or guardian may appeal the principal’s classroom 5 placement of multiple birth siblings to the board of directors 6 of the school district. During an appeal, the multiple birth 7 siblings shall remain in the classroom chosen by the parent or 8 guardian. 9 e. This section does not affect any of the following: 10 (1) A right or obligation under chapter 256B or under the 11 federal Individuals with Disabilities Education Act, 20 U.S.C. 12 §1400 et seq., regarding the individual placement decisions of 13 the school district. 14 (2) The right of a school district, principal, or teacher to 15 remove a student from a classroom pursuant to school district 16 student discipline policies. 17 f. As used in this subsection, the term “multiple birth 18 siblings” means twins, triplets, quadruplets, or other siblings 19 resulting from a multiple birth. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill authorizes the board of directors of a school 24 district to determine grade level and classroom assignment for 25 each student and authorizes the parent or guardian of multiple 26 birth siblings to request in writing that the school place the 27 siblings in the same classroom or in separate classrooms. The 28 school must provide the classroom placement requested by the 29 parent or guardian, but the bill provides for exceptions. 30 A school is not required to place multiple birth siblings 31 in the same classroom if facts prove the siblings should be 32 separated, or the request would require the school district to 33 add an additional class, or if after the first grading period 34 following the siblings’ enrollment the principal and classroom 35 -2- LSB 5804YH (2) 85 kh/rj 2/ 3
H.F. 2188 teacher or teachers determine that the requested placement is 1 disruptive to the school. 2 The school may make recommendations and provide professional 3 educational advice to the parent or guardian regarding such 4 classroom placement. A parent or guardian may appeal the 5 principal’s classroom placement of the siblings to the school 6 board. During an appeal, the siblings shall remain in the 7 classroom chosen by the parent or guardian. 8 The provisions relating to classroom placement of multiple 9 birth siblings does not affect a right or obligation under 10 Code chapter 256B, relating to special education, or under the 11 federal Individuals with Disabilities Education Act, or the 12 right of a school district, principal, or teacher to remove a 13 student from a classroom pursuant to school district student 14 discipline policies. 15 -3- LSB 5804YH (2) 85 kh/rj 3/ 3