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House File 6 - IntroducedA Bill ForAn Act 1relating to voluntary diversity plans under the state’s
2open enrollment law.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 282.18, subsection 3, Code 2019, is
2amended to read as follows:
33. a. The superintendent of a district subject to a
4voluntary diversity or court-ordered desegregation plan, as
5recognized by rule of the state board of education, may deny a
6request for transfer under this section if the superintendent
7finds that enrollment or release of a pupil will adversely
8affect the district’s implementation of the desegregation
9order or diversity plan, unless the transfer is requested
10by a pupil whose sibling is already participating in open
11enrollment to another district, or unless the request for
12transfer is submitted to the district in a timely manner as
13required under subsection 2 prior to implementation of the
14adoption of a desegregation plan order by the district. If a
15transfer request would facilitate implementation of a voluntary
16diversity or court-ordered desegregation plan order, the
17district shall give priority to granting the request over other
18requests.
19b. A parent or guardian, whose request has been denied
20because of the district’s implementation of a the desegregation
21order or diversity plan, may appeal the decision of the
22superintendent to the board of the district in which the
23request was denied. The board may either uphold or overturn
24the superintendent’s decision. A decision of the board
25to uphold the denial of the request is subject to appeal
26to the district court in the county in which the primary
27business office of the district is located. The state board
28of education shall adopt rules establishing definitions,
29guidelines, and a review process for school districts that
30adopt voluntary diversity plans. The guidelines shall include
31criteria and standards that school districts must follow
32when developing a voluntary diversity plan. The department
33of education shall provide technical assistance to a school
34district that is seeking to adopt a voluntary diversity plan.
35A school district implementing a voluntary diversity plan prior
-1-1to July 1, 2008, shall have until July 1, 2009, to comply with
2guidelines adopted by the state board pursuant to this section.
3c. The board of directors of a school district subject
4to voluntary diversity or court-ordered desegregation shall
5develop a policy for implementation of open enrollment in
6the district. The policy shall contain objective criteria
7for determining when a request would adversely impact the
8desegregation order or voluntary diversity plan and criteria
9for prioritizing requests that do not have an adverse impact on
10the order or plan.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill eliminates implementation of a voluntary diversity
15plan as a reason to deny open enrollment of a pupil. Under
16current law, a school district subject to a voluntary diversity
17plan or court-ordered desegregation may deny a request for
18open enrollment of a pupil from one district to another if the
19superintendent finds that the enrollment or release of the
20pupil will adversely affect the district’s implementation of
21the voluntary diversity plan or court-ordered desegregation.
22The bill further eliminates provisions directing the state
23board of education to adopt rules establishing definitions,
24guidelines, and a review process that school districts must
25follow when adopting a voluntary diversity plan and provisions
26requiring the department of education to provide technical
27assistance to school districts seeking to adopt a voluntary
28diversity plan.
29The bill also strikes obsolete language.
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2open enrollment law.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 282.18, subsection 3, Code 2019, is
2amended to read as follows:
33. a. The superintendent of a district subject to a
4voluntary diversity or court-ordered desegregation plan, as
5recognized by rule of the state board of education, may deny a
6request for transfer under this section if the superintendent
7finds that enrollment or release of a pupil will adversely
8affect the district’s implementation of the desegregation
9order or diversity plan, unless the transfer is requested
10by a pupil whose sibling is already participating in open
11enrollment to another district, or unless the request for
12transfer is submitted to the district in a timely manner as
13required under subsection 2 prior to implementation of the
14adoption of a desegregation plan order by the district. If a
15transfer request would facilitate implementation of a voluntary
16diversity or court-ordered desegregation plan order, the
17district shall give priority to granting the request over other
18requests.
19b. A parent or guardian, whose request has been denied
20because of the district’s implementation of a the desegregation
21order or diversity plan, may appeal the decision of the
22superintendent to the board of the district in which the
23request was denied. The board may either uphold or overturn
24the superintendent’s decision. A decision of the board
25to uphold the denial of the request is subject to appeal
26to the district court in the county in which the primary
27business office of the district is located. The state board
28of education shall adopt rules establishing definitions,
29guidelines, and a review process for school districts that
30adopt voluntary diversity plans. The guidelines shall include
31criteria and standards that school districts must follow
32when developing a voluntary diversity plan. The department
33of education shall provide technical assistance to a school
34district that is seeking to adopt a voluntary diversity plan.
35A school district implementing a voluntary diversity plan prior
-1-1to July 1, 2008, shall have until July 1, 2009, to comply with
2guidelines adopted by the state board pursuant to this section.
3c. The board of directors of a school district subject
4to voluntary diversity or court-ordered desegregation shall
5develop a policy for implementation of open enrollment in
6the district. The policy shall contain objective criteria
7for determining when a request would adversely impact the
8desegregation order or voluntary diversity plan and criteria
9for prioritizing requests that do not have an adverse impact on
10the order or plan.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill eliminates implementation of a voluntary diversity
15plan as a reason to deny open enrollment of a pupil. Under
16current law, a school district subject to a voluntary diversity
17plan or court-ordered desegregation may deny a request for
18open enrollment of a pupil from one district to another if the
19superintendent finds that the enrollment or release of the
20pupil will adversely affect the district’s implementation of
21the voluntary diversity plan or court-ordered desegregation.
22The bill further eliminates provisions directing the state
23board of education to adopt rules establishing definitions,
24guidelines, and a review process that school districts must
25follow when adopting a voluntary diversity plan and provisions
26requiring the department of education to provide technical
27assistance to school districts seeking to adopt a voluntary
28diversity plan.
29The bill also strikes obsolete language.
-2-kh/jh