HF 2198 (LSB 5964YH (1) 90)

HOUSE FILE 2198

BY  MOHR

A BILL FOR

An Act relating to the open enrollment of truant pupils.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 282.18, subsection 2, paragraph b, Code 2024, is amended to read as follows:
   b.  The board of the receiving district shall enroll the pupil in a school in the receiving district unless the receiving district has insufficient classroom space for the pupil or unless the receiving district has prohibited the pupil from enrolling pursuant to subsection 11A. The board of directors of a receiving district may adopt a policy granting the superintendent of the school district authority to approve open enrollment applications. If the request is granted, the board shall transmit a copy of the form to the parent or guardian and the school district of residence within five days after board action. The parent or guardian may withdraw the request at any time prior to the board’s action on the application. A denial of a request by the board of a receiving district is not subject to appeal.
    Sec. 2.  Section 282.18, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  11A.    a.  If a pupil participating in open enrollment is truant as defined in section 299.8, the receiving district may prohibit the pupil from remaining enrolled in the receiving district and from enrolling in the receiving district in the future. A receiving district shall send notification of the receiving district’s decision to prohibit the pupil from remaining enrolled in the receiving district pursuant to this paragraph to the pupil’s parent or guardian and to the pupil’s sending district.
   b.  The sending district shall enroll the pupil who is prohibited from remaining enrolled in the receiving district pursuant to paragraph “a”.
   c.  This subsection shall not be construed to prohibit the pupil’s parent or guardian from filing a request to transfer pursuant to subsection 2, paragraph “a”, subsequent to the receiving district’s decision to prohibit the pupil from remaining enrolled in the receiving district.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the open enrollment of truant pupils.
   The bill provides that, if a pupil participating in open enrollment is truant, the receiving district may prohibit the pupil from remaining enrolled in the receiving district and from enrolling in the receiving district in the future. The bill requires the receiving district to send notification of the receiving district’s decision to prohibit the pupil from remaining enrolled to the pupil’s parent or guardian and to the pupil’s sending district. Additionally, the bill requires the sending district to enroll the pupil. The bill does not prohibit such a pupil’s parent or guardian from filing a request to open enroll in the future.
   The bill defines “truant” as any child of compulsory attendance age who fails to attend school as provided in Code chapter 299 (compulsory education), or as required by the school board’s attendance policy, without reasonable excuse for the absence.