H.F. 17 Section 1. NEW SECTION . 279.77 Intra-district enrollment. 1 1. A parent or guardian of a student enrolled in a school 2 district may enroll the student in another attendance center 3 within the same school district that offers classes at the 4 student’s grade level in the manner provided in this section 5 if the board of directors of the school district reasonably 6 believes that any employee or contractor of the school 7 district, or any student enrolled in the school district, has 8 committed any crime specified under chapter 708 or 709 against 9 the student. 10 2. a. A parent or guardian shall send notification to the 11 board of directors of the school district, on forms prescribed 12 by the department of education, that the parent or guardian 13 intends to enroll the student in another attendance center 14 within the same school district that offers classes at the 15 student’s grade level. 16 b. The board of directors of the school district shall 17 enroll the student in another attendance center within the same 18 school district unless the attendance center has insufficient 19 classroom space for the student. The board of directors of a 20 school district may adopt a policy granting the superintendent 21 of the school district authority to approve requests submitted 22 pursuant to this section. If the request is granted, the board 23 of directors of the school district shall transmit a copy of 24 the form to the parent or guardian within five days after board 25 action. The parent or guardian may withdraw the request at any 26 time prior to the board of directors’ action on the request. 27 A denial of a request by the board of directors is not subject 28 to appeal. 29 c. Each school district shall adopt a policy that defines 30 the term “insufficient classroom space” for that district. 31 3. A request under this section is for a period of not 32 less than one year. A student who attends school in another 33 attendance center pursuant to this section may return to the 34 original attendance center and enroll at any time, once the 35 -1- LSB 1448YH (2) 90 jda/jh 1/ 5

H.F. 17 parent or guardian has notified the board of directors of 1 the school district in writing of the decision to enroll the 2 student in the original attendance center. 3 4. If a request filed under this section is for a student 4 requiring special education under chapter 256B, the request to 5 transfer to another attendance center shall only be granted if 6 all of the following conditions are met: 7 a. The attendance center maintains a special education 8 instructional program that is appropriate to meet the student’s 9 educational needs and the enrollment of the student in the 10 attendance center would not cause the size of the class or 11 caseload in that special education instructional program in the 12 attendance center to exceed the maximum class size or caseload 13 established pursuant to rules adopted by the state board of 14 education. 15 b. If the student would be assigned to a general education 16 class, there is sufficient classroom space for the general 17 education class to which the student would be assigned. 18 5. If a student, for whom a request to transfer has been 19 filed with the board of directors of a school district, has 20 been suspended or expelled in the school district, the student 21 shall not be permitted to transfer until the student has been 22 reinstated. Once the student has been reinstated, however, the 23 student shall be permitted to transfer in the same manner as if 24 the student had not been suspended or expelled. If a student, 25 for whom a request to transfer has been filed with the board 26 of directors of a school district, is expelled in the school 27 district, the student shall be permitted to transfer under this 28 section if the student applies for and is reinstated. However, 29 if the student applies for reinstatement but is not reinstated 30 in the school district, the board of directors of the school 31 district may deny the request to transfer. The decision of 32 the board of directors of the school district is not subject 33 to appeal. 34 6. A student who is enrolled in another attendance center 35 -2- LSB 1448YH (2) 90 jda/jh 2/ 5

H.F. 17 within the same school district pursuant to this section is 1 eligible to participate immediately in varsity interscholastic 2 athletic contests and athletic competitions as a member of a 3 team from the receiving attendance center. 4 7. This section shall not be construed to prohibit a 5 school district from allowing the parent or guardian of a 6 student enrolled in the school district to enroll the student 7 in another attendance center within the same school district 8 that offers classes at the student’s grade level pursuant to a 9 policy adopted by the board of directors of the school district 10 that allows for transfers for reasons in addition to those 11 allowed pursuant to this section. 12 8. The state board of education shall adopt rules pursuant 13 to chapter 17A to administer this section. 14 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 15 importance, takes effect upon enactment. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill authorizes the parent or guardian of a student 20 enrolled in a school district to enroll the student in another 21 attendance center within the same school district in certain 22 specified circumstances. 23 The bill enacts new Code section 279.77, which provides that 24 a parent or guardian of a student enrolled in a school district 25 may enroll the student in another attendance center within the 26 same school district that offers classes at the student’s grade 27 level in the manner provided in new Code section 279.77 if the 28 board of directors of the school district reasonably believes 29 that any employee or contractor of the school district, or any 30 student enrolled in the school district, has committed any 31 crime specified under Code chapter 708 (assault) or 709 (sexual 32 abuse) against the student. 33 The bill requires a parent or guardian to send a request 34 to the board of directors indicating that the parent or 35 -3- LSB 1448YH (2) 90 jda/jh 3/ 5

H.F. 17 guardian intends to enroll the student in another attendance 1 center within the same school district. Additionally, the 2 bill requires the board of directors to enroll the student 3 in another attendance center within the same school district 4 unless the attendance center has insufficient classroom space 5 for the student. The bill authorizes the board of directors 6 to adopt a policy granting the superintendent the authority 7 to approve these requests. The bill requires the board 8 of directors to transmit a copy of the form to the parent 9 or guardian within five days after board action. The bill 10 authorizes the parent or guardian to withdraw the request 11 at any time prior to the board of directors’ action on the 12 request. 13 The bill provides that these requests are for a period of 14 not less than one year. The bill also provides that a student 15 who attends school in another attendance center pursuant to 16 new Code section 279.77 may return to the original attendance 17 center and enroll at any time, once the parent or guardian has 18 notified the board of directors of the decision to enroll the 19 student in the original attendance center. 20 The bill provides that, if a request filed pursuant to 21 new Code section 279.77 is for a student requiring special 22 education, the request to transfer to another attendance center 23 shall only be granted if the attendance center maintains a 24 special education instructional program that is appropriate to 25 meet the student’s educational needs and the enrollment of the 26 student in the attendance center would not cause the size of 27 the class or caseload in that special education instructional 28 program in the attendance center to exceed the maximum class 29 size or caseload established pursuant to rules adopted by the 30 state board of education, and, if the student would be assigned 31 to a general education class, there is sufficient classroom 32 space for the general education class to which the student 33 would be assigned. 34 The bill provides that if a student for whom a request to 35 -4- LSB 1448YH (2) 90 jda/jh 4/ 5

H.F. 17 transfer has been filed with the board of directors has been 1 suspended or expelled in the school district, the student 2 shall not be permitted to transfer until the student has been 3 reinstated. The bill also provides that, once the student 4 has been reinstated, the student is permitted to transfer in 5 the same manner as if the student had not been suspended or 6 expelled. The bill establishes that if a student for whom a 7 request to transfer has been filed with the board of directors 8 is expelled, the student shall be permitted to transfer if the 9 student applies for and is reinstated. The bill provides that 10 if the student applies for reinstatement but is not reinstated 11 in the school district, the board of directors may deny the 12 request to transfer. 13 The bill provides that a student who is enrolled in 14 another attendance center within the same school district 15 pursuant to new Code section 279.77 is eligible to participate 16 immediately in varsity interscholastic athletic contests and 17 athletic competitions as a member of a team from the receiving 18 attendance center. 19 The bill prohibits new Code section 279.77 from being 20 construed to prohibit a school district from allowing the 21 parent or guardian of a student enrolled in the school district 22 to enroll the student in another attendance center within the 23 same school district that offers classes at the student’s grade 24 level pursuant to a policy adopted by the board of directors of 25 the school district that allows for transfers for reasons in 26 addition to those allowed pursuant to the bill. 27 The bill requires the state board of education to adopt rules 28 to administer the new Code section. The bill takes effect upon 29 enactment. 30 -5- LSB 1448YH (2) 90 jda/jh 5/ 5