House File 429 - Reprinted HOUSE FILE 429 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HF 17) (As Amended and Passed by the House March 22, 2023 ) A BILL FOR An Act relating to school districts, including authorizing 1 the parent or guardian of a student enrolled in a school 2 district to enroll the student in another attendance 3 center within the same school district in certain specified 4 circumstances, requiring school district employees to 5 provide notice to the parents or guardians of students 6 enrolled in the school district if the employee witnesses 7 the student being physically injured, harassed, or bullied, 8 and including effective date provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 HF 429 (3) 90 jda/jh/md

H.F. 429 Section 1. NEW SECTION . 279.77 Intra-district enrollment. 1 1. A parent or guardian of a student enrolled in a 2 school district may enroll the student in another attendance 3 center within the same school district that offers classes 4 at the student’s grade level in the manner provided in this 5 section if, as a result of viewing a recording created by a 6 video surveillance system or a report from a school district 7 employee, the board of directors of the school district 8 determines that any student enrolled in the school district 9 has harassed or bullied the student. For purposes of this 10 subsection, “harassment” and “bullying” mean the same as defined 11 in section 280.28. 12 2. a. A parent or guardian shall send notification to the 13 board of directors of the school district, on forms prescribed 14 by the department of education, that the parent or guardian 15 intends to enroll the student in another attendance center 16 within the same school district that offers classes at the 17 student’s grade level. 18 b. The board of directors of the school district shall 19 enroll the student in another attendance center within the same 20 school district unless the attendance center has insufficient 21 classroom space for the student. The board of directors of a 22 school district may adopt a policy granting the superintendent 23 of the school district authority to approve requests submitted 24 pursuant to this section. If the request is granted, the board 25 of directors of the school district shall transmit a copy of 26 the form to the parent or guardian within five days after board 27 action. The parent or guardian may withdraw the request at any 28 time prior to the board of directors’ action on the request. 29 A denial of a request by the board of directors is not subject 30 to appeal. 31 c. Each school district shall adopt a policy that defines 32 the term “insufficient classroom space” for that district. 33 3. A request under this section is for a period of not 34 less than one year. A student who attends school in another 35 -1- HF 429 (3) 90 jda/jh/md 1/ 3

H.F. 429 attendance center pursuant to this section may return to the 1 original attendance center and enroll at any time, once the 2 parent or guardian has notified the board of directors of 3 the school district in writing of the decision to enroll the 4 student in the original attendance center. 5 4. If a request filed under this section is for a student 6 requiring special education under chapter 256B, the request to 7 transfer to another attendance center shall only be granted if 8 all of the following conditions are met: 9 a. The attendance center maintains a special education 10 instructional program that is appropriate to meet the student’s 11 educational needs and the enrollment of the student in the 12 attendance center would not cause the size of the class or 13 caseload in that special education instructional program in the 14 attendance center to exceed the maximum class size or caseload 15 established pursuant to rules adopted by the state board of 16 education. 17 b. If the student would be assigned to a general education 18 class, there is sufficient classroom space for the general 19 education class to which the student would be assigned. 20 5. If a student, for whom a request to transfer has been 21 filed with the board of directors of a school district, has 22 been suspended or expelled in the school district, the student 23 shall not be permitted to transfer until the student has been 24 reinstated. Once the student has been reinstated, however, the 25 student shall be permitted to transfer in the same manner as if 26 the student had not been suspended or expelled. If a student, 27 for whom a request to transfer has been filed with the board 28 of directors of a school district, is expelled in the school 29 district, the student shall be permitted to transfer under this 30 section if the student applies for and is reinstated. However, 31 if the student applies for reinstatement but is not reinstated 32 in the school district, the board of directors of the school 33 district may deny the request to transfer. The decision of 34 the board of directors of the school district is not subject 35 -2- HF 429 (3) 90 jda/jh/md 2/ 3

H.F. 429 to appeal. 1 6. A student who is enrolled in another attendance center 2 within the same school district pursuant to this section is 3 eligible to participate immediately in varsity interscholastic 4 athletic contests and athletic competitions as a member of a 5 team from the receiving attendance center. 6 7. This section shall not be construed to prohibit a 7 school district from allowing the parent or guardian of a 8 student enrolled in the school district to enroll the student 9 in another attendance center within the same school district 10 that offers classes at the student’s grade level pursuant to a 11 policy adopted by the board of directors of the school district 12 that allows for transfers for reasons in addition to those 13 allowed pursuant to this section. 14 8. The state board of education shall adopt rules pursuant 15 to chapter 17A to administer this section. 16 Sec. 2. NEW SECTION . 279.78 Notice to parents or guardians 17 related to physical injuries, harassment, or bullying. 18 An employee of a school district shall notify the parents 19 or guardians of a student enrolled in the school district in 20 writing or by electronic mail within twenty-four hours after 21 the employee witnesses, either directly or indirectly by 22 viewing a recording created by a video surveillance system, any 23 of the following: 24 1. Any student enrolled in the school district physically 25 injuring the student. 26 2. Any student enrolled in the school district harassing 27 or bullying the student. For purposes of this subsection, 28 “harassment” and “bullying” mean the same as defined in section 29 280.28. 30 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 31 importance, takes effect upon enactment. 32 -3- HF 429 (3) 90 jda/jh/md 3/ 3