SF 2116 (LSB 5869XS (4) 91)

SENATE FILE 2116

BY  EVANS

A BILL FOR

An Act relating to open enrollment, including by modifying provisions related to the open enrollment of pupils who are truant or chronically absent and children receiving educational instruction and course content delivered primarily over the internet, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 282.18, subsection 13, Code 2026, is amended to read as follows:
   13.  a.  If a pupil, for whom a request to transfer has been filed with a district, has been suspended or expelled in the district, the pupil shall not be permitted to transfer until the pupil has been reinstated in the sending district. Once the pupil has been reinstated, however, the pupil shall be permitted to transfer in the same manner as if the pupil had not been suspended or expelled by the sending district. If a pupil, for whom a request to transfer has been filed with a district, is expelled in the district, the pupil shall be permitted to transfer to a receiving district under this section if the pupil applies for and is reinstated in the sending district. However, if the pupil applies for reinstatement but is not reinstated in the sending district, the receiving district may deny the request to transfer. The decision of the receiving district is not subject to appeal.
   b.  (1)  If a pupil, for whom a request to transfer has been filed with a district, is chronically absent as defined in section 299.12, participating in a school engagement meeting under section 299.12, subsection 3, or currently a party to an absenteeism prevention plan entered into under section 299.12, subsection 3, the pupil shall not be permitted to transfer until the pupil is no longer chronically absent, no longer participating in the school engagement meeting, or no longer a party to the absenteeism prevention plan. Once the pupil is no longer chronically absent, no longer participating in the school engagement meeting, and no longer a party to an absenteeism prevention plan, the pupil shall be permitted to transfer in the same manner as if the pupil had not been chronically absent, participating in a school engagement meeting, or a party to an absenteeism prevention plan.
   (2)  Notwithstanding subparagraph (1), a pupil who is chronically absent as defined in section 299.12, participating in a school engagement meeting under section 299.12, subsection 3, or currently a party to an absenteeism prevention plan entered into under section 299.12, subsection 3, and for whom a request to transfer has been filed with a district, may be permitted to transfer if the receiving district approves the request to transfer.
    Sec. 2.  Section 282.18, subsection 17, Code 2026, is amended by striking the subsection.
    Sec. 3.  APPLICABILITY.  This Act applies to applications and notifications related to open enrollment submitted under section 282.18 on or after the effective date of this Act.
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 open enrollment, including by modifying provisions related to the open enrollment of pupils who are truant or chronically absent and children receiving educational instruction and course content delivered primarily over the internet.
   The bill provides that if a pupil, for whom a request to open enroll has been filed with a district, is chronically absent as defined in Code section 299.12 (failure to attend), participating in a school engagement meeting under Code section 299.12, or currently a party to an absenteeism prevention plan entered into under Code section 299.12, the pupil is prohibited from transferring until the pupil is no longer chronically absent, participating in the school engagement meeting, or a party to the absenteeism prevention plan; provided, however, that the bill authorizes such a pupil to transfer if the receiving district approves the request to transfer. Once the pupil is no longer chronically absent, no longer participating in the school engagement meeting, and no longer a party to an absenteeism prevention plan, the pupil is permitted to transfer. Current Code section 282.18(16) provides that an application for open enrollment may be granted at any time with approval of the resident and receiving districts. The bill does not modify this provision.
   Current Code section 282.18(17) provides that the deadlines associated with the submission of open enrollment applications and notifications do not apply to a child whose parent or guardian is filing a notification that the parent or guardian intends to open enroll the child in a public school in another school district for purposes of receiving full-time instruction under Code section 256.43 (online learning program model). The bill strikes this provision. The bill applies to applications and notifications related to open enrollment that are submitted on or after the effective date of the bill. Under current Code section 282.18 (open enrollment), a parent or guardian is required to send notification to the district of residence and the receiving district that the parent or guardian intends to enroll the parent’s or guardian’s child in a public school in another school district by March 1 of the preceding school year for students entering grades 1 through 12, or by September 1 of the current school year for students entering kindergarten or for prekindergarten students enrolled in special education programs and included in the school district’s basic enrollment.