HF 429 (LSB 1448HV (2) 90)

HOUSE FILE 429

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO HF 17)

A BILL FOR

An Act relating to school districts, including authorizing the parent or guardian of a student enrolled in a school district to enroll the student in another attendance center within the same school district in certain specified circumstances, requiring classroom teachers employed by school districts to provide notice to the parents or guardians of students enrolled in the school district if the classroom teacher witnesses the student being physically injured, harassed, or bullied, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  279.77  Intra-district enrollment.
   1.  A parent or guardian of a student enrolled in a school district may enroll the student in another attendance center within the same school district that offers classes at the student’s grade level in the manner provided in this section if the board of directors of the school district reasonably believes that any student enrolled in the school district has harassed or bullied the student. For purposes of this subsection, “harassment” and “bullying” mean the same as defined in section 280.28.
   2.  a.  A parent or guardian shall send notification to the board of directors of the school district, on forms prescribed by the department of education, that the parent or guardian intends to enroll the student in another attendance center within the same school district that offers classes at the student’s grade level.
   b.  The board of directors of the school district shall enroll the student in another attendance center within the same school district unless the attendance center has insufficient classroom space for the student. The board of directors of a school district may adopt a policy granting the superintendent of the school district authority to approve requests submitted pursuant to this section. If the request is granted, the board of directors of the school district shall transmit a copy of the form to the parent or guardian within five days after board action. The parent or guardian may withdraw the request at any time prior to the board of directors’ action on the request. A denial of a request by the board of directors is not subject to appeal.
   c.  Each school district shall adopt a policy that defines the term “insufficient classroom space” for that district.
   3.  A request under this section is for a period of not less than one year. A student who attends school in another attendance center pursuant to this section may return to the original attendance center and enroll at any time, once the parent or guardian has notified the board of directors of the school district in writing of the decision to enroll the student in the original attendance center.
   4.  If a request filed under this section is for a student requiring special education under chapter 256B, the request to transfer to another attendance center shall only be granted if all of the following conditions are met:
   a.  The attendance center maintains a special education instructional program that is appropriate to meet the student’s educational needs and the enrollment of the student in the attendance center would not cause the size of the class or caseload in that special education instructional program in the attendance center to exceed the maximum class size or caseload established pursuant to rules adopted by the state board of education.
   b.  If the student would be assigned to a general education class, there is sufficient classroom space for the general education class to which the student would be assigned.
   5.  If a student, for whom a request to transfer has been filed with the board of directors of a school district, has been suspended or expelled in the school district, the student shall not be permitted to transfer until the student has been reinstated. Once the student has been reinstated, however, the student shall be permitted to transfer in the same manner as if the student had not been suspended or expelled. If a student, for whom a request to transfer has been filed with the board of directors of a school district, is expelled in the school district, the student shall be permitted to transfer under this section if the student applies for and is reinstated. However, if the student applies for reinstatement but is not reinstated in the school district, the board of directors of the school district may deny the request to transfer. The decision of the board of directors of the school district is not subject to appeal.
   6.  A student who is enrolled in another attendance center within the same school district pursuant to this section is eligible to participate immediately in varsity interscholastic athletic contests and athletic competitions as a member of a team from the receiving attendance center.
   7.  This section shall not be construed to prohibit a school district from allowing the parent or guardian of a student enrolled in the school district to enroll the student in another attendance center within the same school district that offers classes at the student’s grade level pursuant to a policy adopted by the board of directors of the school district that allows for transfers for reasons in addition to those allowed pursuant to this section.
   8.  The state board of education shall adopt rules pursuant to chapter 17A to administer this section.
    Sec. 2.  NEW SECTION.  279.78  Notice to parents or guardians related to physical injuries, harassment, or bullying.
   A classroom teacher employed by a school district shall notify the parents or guardians of a student enrolled in the school district in writing or by electronic mail within twenty-four hours after the classroom teacher witnesses any of the following:
   1.  Any student enrolled in the school district physically injuring the student.
   2.  Any student enrolled in the school district harassing or bullying the student. For purposes of this subsection, “harassment” and “bullying” mean the same as defined in section 280.28.
    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
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 school districts, including authorizing the parent or guardian of a student enrolled in a school district to enroll the student in another attendance center within the same school district in certain specified circumstances and requiring classroom teachers employed by school districts to provide notice to the parents or guardians of students enrolled in the school district if the classroom teacher witnesses the student being physically injured, harassed, or bullied.
   The bill enacts new Code section 279.77, which provides that a parent or guardian of a student enrolled in a school district may enroll the student in another attendance center within the same school district that offers classes at the student’s grade level in the manner provided in new Code section 279.77 if the board of directors of the school district reasonably believes that any student enrolled in the school district has harassed or bullied the student. The bill defines “harassment” and “bullying”.
   The bill requires a parent or guardian to send a request to the board of directors indicating that the parent or guardian intends to enroll the student in another attendance center within the same school district. Additionally, the bill requires the board of directors to enroll the student in another attendance center within the same school district unless the attendance center has insufficient classroom space for the student. The bill authorizes the board of directors to adopt a policy granting the superintendent the authority to approve these requests. The bill requires the board of directors to transmit a copy of the form to the parent or guardian within five days after board action. The bill authorizes the parent or guardian to withdraw the request at any time prior to the board of directors’ action on the request.
   The bill provides that these requests are for a period of not less than one year. The bill also provides that a student who attends school in another attendance center pursuant to new Code section 279.77 may return to the original attendance center and enroll at any time, once the parent or guardian has notified the board of directors of the decision to enroll the student in the original attendance center.
   The bill provides that, if a request filed pursuant to new Code section 279.77 is for a student requiring special education, the request to transfer to another attendance center shall only be granted if the attendance center maintains a special education instructional program that is appropriate to meet the student’s educational needs and the enrollment of the student in the attendance center would not cause the size of the class or caseload in that special education instructional program in the attendance center to exceed the maximum class size or caseload established pursuant to rules adopted by the state board of education, and, if the student would be assigned to a general education class, there is sufficient classroom space for the general education class to which the student would be assigned.
   The bill provides that if a student for whom a request to transfer has been filed with the board of directors has been suspended or expelled in the school district, the student shall not be permitted to transfer until the student has been reinstated. The bill also provides that, once the student has been reinstated, the student is permitted to transfer in the same manner as if the student had not been suspended or expelled. The bill establishes that if a student for whom a request to transfer has been filed with the board of directors is expelled, the student shall be permitted to transfer if the student applies for and is reinstated. The bill provides that if the student applies for reinstatement but is not reinstated in the school district, the board of directors may deny the request to transfer.
   The bill provides that a student who is enrolled in another attendance center within the same school district pursuant to new Code section 279.77 is eligible to participate immediately in varsity interscholastic athletic contests and athletic competitions as a member of a team from the receiving attendance center.
   The bill prohibits new Code section 279.77 from being construed to prohibit a school district from allowing the parent or guardian of a student enrolled in the school district to enroll the student in another attendance center within the same school district that offers classes at the student’s grade level pursuant to a policy adopted by the board of directors of the school district that allows for transfers for reasons in addition to those allowed pursuant to the bill. The bill requires the state board of education to adopt rules to administer the new Code section.
   The bill enacts new Code section 279.78, which requires a classroom teacher employed by a school district to notify the parents or guardians of a student enrolled in the school district in writing or by electronic mail within 24 hours after the classroom teacher witnesses any student enrolled in the school district physically injuring, harassing, or bullying the student. 
   The bill takes effect upon enactment.