House File 2498 - Introduced HOUSE FILE 2498 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 705) A BILL FOR An Act relating to education, including modifying provisions 1 related to open enrollment, teacher librarian endorsements, 2 and the placement of children identified as requiring 3 special education in competent private instruction. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6168HV (1) 89 jda/jh

H.F. 2498 DIVISION I 1 PRIVATE INSTRUCTION —— SPECIAL EDUCATION 2 Section 1. Section 299A.9, subsection 1, Code 2022, is 3 amended to read as follows: 4 1. A child of compulsory attendance age who is identified 5 as requiring special education under chapter 256B is eligible 6 for placement under competent private instruction with prior 7 approval of the placement by the director of special education 8 of the area education agency of the child’s district of 9 residence . 10 Sec. 2. Section 299A.9, Code 2022, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 3. The parent, guardian, or legal custodian 13 of a child who is identified as requiring special education 14 may request dual enrollment pursuant to section 299A.8. The 15 appropriate special education services for the child shall be 16 determined pursuant to chapter 256B and rules adopted pursuant 17 to chapter 256B. 18 DIVISION II 19 OPEN ENROLLMENT 20 Sec. 3. Section 282.18, subsection 5, Code 2022, is amended 21 to read as follows: 22 5. a. Open enrollment applications filed after March 1 23 of the preceding school year that do not qualify for good 24 cause as provided in subsection 4 shall be subject to the 25 approval of the board of the resident district and the board 26 of the receiving district. The parent or guardian shall send 27 notification to the district of residence and the receiving 28 district that the parent or guardian seeks to enroll the 29 parent’s or guardian’s child in the receiving district. 30 b. A decision of either board to deny an application filed 31 under this subsection involving repeated acts of harassment 32 of the student that the resident district cannot adequately 33 address, a consistent failure of the resident district to 34 reasonably respond to a student’s failure to meet basic 35 -1- LSB 6168HV (1) 89 jda/jh 1/ 4

H.F. 2498 academic standards after notice provided by a parent or 1 guardian, or a serious health condition of the student that 2 the resident district cannot adequately address is subject to 3 appeal under section 290.1 . A decision of either board to 4 deny an application filed under this subsection related to the 5 sibling or stepsibling of a student described in this paragraph 6 is also subject to appeal under section 290.1. 7 c. The state board shall adopt by rule the criteria 8 for determining a resident district’s consistent failure 9 to reasonably respond to a student’s failure to meet basic 10 academic standards and shall exercise broad discretion to 11 achieve just and equitable results that are in the best 12 interest of the affected child or children. 13 Sec. 4. Section 282.18, subsection 11, paragraph a, Code 14 2022, is amended by adding the following new subparagraph: 15 NEW SUBPARAGRAPH . (08) If the pupil participates in 16 open enrollment because the pupil’s sibling or stepsibling 17 participates in open enrollment as a result of the sibling 18 or stepsibling’s appeal under section 282.18, subsection 5, 19 paragraph “b” . 20 DIVISION III 21 TEACHER LIBRARIANS 22 Sec. 5. Section 256.11, subsection 9, Code 2022, is amended 23 to read as follows: 24 9. Beginning July 1, 2006, each school district shall have a 25 qualified teacher librarian who shall be licensed by the board 26 of educational examiners under chapter 272 . Such license shall 27 not require the completion of a master’s degree. The state 28 board shall establish in rule a definition of and standards for 29 an articulated sequential kindergarten through grade twelve 30 media program. A school district that entered into a contract 31 with an individual for employment as a media specialist or 32 librarian prior to June 1, 2006, shall be considered to be 33 in compliance with this subsection until June 30, 2011, if 34 the individual is making annual progress toward meeting the 35 -2- LSB 6168HV (1) 89 jda/jh 2/ 4

H.F. 2498 requirements for a teacher librarian endorsement issued by the 1 board of educational examiners under chapter 272 . A school 2 district that entered into a contract with an individual for 3 employment as a media specialist or librarian who holds at 4 least a master’s degree in library and information studies 5 shall be considered to be in compliance with this subsection 6 until the individual leaves the employ of the school district. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to education by modifying provisions 11 related to open enrollment, teacher librarian endorsements, 12 and the placement of children identified as requiring special 13 education in competent private instruction. 14 DIVISION I —— PRIVATE INSTRUCTION —— SPECIAL EDUCATION. The 15 bill provides that a child of compulsory attendance age who 16 is identified as requiring special education is eligible for 17 placement under competent private instruction without prior 18 approval of the placement by the director of special education 19 of an area education agency. The bill also provides that a 20 child who is identified as requiring special education may 21 request dual enrollment and the appropriate special education 22 services for the child shall be determined pursuant to Code 23 chapter 256B (special education). 24 DIVISION II—— OPEN ENROLLMENT. Current law provides 25 that the decision of the board of a resident school district 26 or receiving school district to deny an open enrollment 27 application filed after March 1 of the preceding school year 28 that involves repeated acts of harassment of the student that 29 the resident district cannot adequately address, a consistent 30 failure of the resident district to reasonably respond to a 31 student’s failure to meet basic academic standards after notice 32 provided by a parent or guardian, or a serious health condition 33 of the student that the resident district cannot adequately 34 address is subject to appeal under Code section 290.1. The 35 -3- LSB 6168HV (1) 89 jda/jh 3/ 4

H.F. 2498 bill provides that this right of appeal also applies to a 1 decision of either board to deny an open enrollment application 2 related to the sibling or stepsibling of such a student. 3 Additionally, the bill authorizes the sibling or stepsibling of 4 such a student, attending a grade in grades 9 through 12, who 5 does participate in open enrollment to participate immediately 6 in a varsity interscholastic sport. 7 DIVISION III —— TEACHER LIBRARIANS. The bill removes the 8 requirement that the holder of a teacher librarian endorsement 9 have a master’s degree. 10 -4- LSB 6168HV (1) 89 jda/jh 4/ 4