House File 2101 - Introduced HOUSE FILE 2101 BY STANERSON , OURTH , ABDUL-SAMAD , ANDERSON , BAXTER , BEARINGER , BERRY , BEST , BRANHAGEN , BROWN-POWERS , COHOON , DAWSON , DOLECHECK , DUNKEL , FORBES , GAINES , GASKILL , GASSMAN , GRASSLEY , HALL , HANSON , HANUSA , HEATON , HEDDENS , ISENHART , JACOBY , JORGENSEN , KAUFMANN , KEARNS , KELLEY , KOESTER , KRESSIG , LENSING , LYKAM , MASCHER , MAXWELL , McCONKEY , H. MILLER , L. MILLER , OLDSON , OLSON , PRICHARD , RUFF , SIECK , STAED , STECKMAN , STUTSMAN , THEDE , WESSEL-KROESCHELL , WINCKLER , and WOLFE A BILL FOR An Act concerning varsity athletics eligibility of students in 1 open enrollment subjected to harassment or bullying. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5677HH (4) 86 je/sc

H.F. 2101 Section 1. Section 282.18, subsection 11, Code 2016, is 1 amended to read as follows: 2 11. A pupil who participates in open enrollment for purposes 3 of attending a grade in grades nine through twelve in a school 4 district other than the district of residence is ineligible to 5 participate in varsity interscholastic athletic contests and 6 athletic competitions during the pupil’s first ninety school 7 days of enrollment in the district except that the pupil may 8 participate immediately in a varsity interscholastic sport if 9 the pupil is entering grade nine for the first time and did 10 not participate in an interscholastic athletic competition for 11 another school or school district during the summer immediately 12 following eighth grade, if the district of residence and the 13 other school district jointly participate in the sport, if the 14 sport in which the pupil wishes to participate is not offered 15 in the district of residence, if the pupil chooses to use open 16 enrollment to attend school in another school district because 17 the district in which the student previously attended school 18 was dissolved and merged with one or more contiguous school 19 districts under section 256.11, subsection 12 , if the pupil 20 participates in open enrollment because the pupil’s district 21 of residence has entered into a whole grade sharing agreement 22 with another district for the pupil’s grade, or if the parent 23 or guardian of the pupil participating in open enrollment is 24 an active member of the armed forces and resides in permanent 25 housing on government property provided by a branch of the 26 armed services , or if the district of residence determines 27 that the pupil was previously subject to a founded incident 28 of harassment or bullying as defined in section 280.28 while 29 attending school in the district of residence . A pupil who 30 has paid tuition and attended school, or has attended school 31 pursuant to a mutual agreement between the two districts, 32 in a district other than the pupil’s district of residence 33 for at least one school year is also eligible to participate 34 immediately in interscholastic athletic contests and athletic 35 -1- LSB 5677HH (4) 86 je/sc 1/ 2

H.F. 2101 competitions under this section , but only as a member of a team 1 from the district that pupil had attended. For purposes of 2 this subsection , “school days of enrollment” does not include 3 enrollment in summer school. For purposes of this subsection , 4 “varsity” means the same as defined in section 256.46 . 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 Current law provides that a high school student who 9 participates in open enrollment in a school district other 10 than the student’s district of residence is ineligible to 11 participate in varsity interscholastic athletic contests and 12 athletic competitions during the student’s first 90 school 13 days of enrollment in the district. However, a student may 14 participate immediately under various exceptions to that 15 requirement. 16 This bill adds an additional exception if a student’s 17 district of residence determines that the student was 18 previously subject to a founded incident of harassment or 19 bullying while attending school in the district of residence. 20 The bill permits such students to participate in varsity 21 interscholastic athletic contests and athletic competitions 22 immediately upon open enrollment. 23 Under Code section 280.28, subsection 2, “harassment” and 24 “bullying” shall be construed to mean any electronic, written, 25 verbal, or physical act or conduct toward a student which is 26 based on any actual or perceived trait or characteristic of 27 the student and which creates an objectively hostile school 28 environment that meets one or more of certain conditions. 29 -2- LSB 5677HH (4) 86 je/sc 2/ 2