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House Study Bill 109 - IntroducedA Bill ForAn Act 1relating to open enrollment of certain students and the
2determination of good cause and including applicability
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 282.18, subsection 2, paragraph a, Code
22021, is amended to read as follows:
3a. By March 1 of the preceding school year for students
4entering grades one through twelve, or by September 1 of the
5current school year for students entering kindergarten or for
6prekindergarten students enrolled in special education programs
7and included in the school district’s basic enrollment under
8section 257.6, subsection 1, paragraph “a”, subparagraph (1),
9the parent or guardian shall send notification to the district
10of residence and the receiving district, on forms prescribed
11by the department of education, that the parent or guardian
12intends to enroll the parent’s or guardian’s child in a public
13school in another school district. If a parent or guardian
14fails to file a notification that the parent intends to enroll
15the parent’s or guardian’s child in a public school in another
16district by the deadline specified in this subsection, the
17procedures of subsection 4 apply.
18 Sec. 2. Section 282.18, subsection 4, paragraph b, Code
192021, is amended to read as follows:
20b. For purposes of this section, “good cause” means a change
21in a child’s residence due to a change in family residence,
22a change in a child’s residence from the residence of one
23parent or guardian to the residence of a different parent or
24guardian, a change in the state in which the family residence
25is located, a change in a child’s parents’ marital status,
26a guardianship or custody proceeding, placement in foster
27care, adoption, participation in a foreign exchange program,
28initial placement of a prekindergarten student in a special
29education program requiring specially designed instruction, or
30participation in a substance abuse or mental health treatment
31program, a change in the status of a child’s resident district
32such as removal of accreditation by the state board, surrender
33of accreditation, or permanent closure of a nonpublic school,
34revocation of a charter school contract as provided in section
35256F.8, the failure of negotiations for a whole grade sharing,
-1-1reorganization, dissolution agreement or the rejection of a
2current whole grade sharing agreement, or reorganization plan.
3If the good cause relates to a change in status of a child’s
4school district of residence, however, action by a parent
5or guardian must be taken to file the notification within
6forty-five days of the last board action or within thirty days
7of the certification of the election, whichever is applicable
8to the circumstances.
9 Sec. 3. Section 282.18, subsection 9, paragraph b, Code
102021, is amended to read as follows:
11b. If a request to transfer is due to a change in family
12residence, a change in a child’s residence from the residence
13of one parent or guardian to the residence of a different
14parent or guardian, change in the state in which the family
15residence is located, a change in a child’s parents’ marital
16status, a guardianship proceeding, placement in foster care,
17adoption, participation in a foreign exchange program, or
18participation in a substance abuse or mental health treatment
19program, and the child who is the subject of the request is
20enrolled in any grade from kindergarten through grade twelve
21or who is a prekindergarten student enrolled in a special
22education program at the time of the request and is not
23currently using any provision of open enrollment, the parent or
24guardian of the child shall have the option to have the child
25remain in the child’s original district of residence under open
26enrollment with no interruption in the child’s kindergarten
27through grade twelve educational program. If a parent or
28guardian exercises this option, the child’s new district of
29residence is not required to pay the amount calculated in
30subsection 7 or 8, as applicable, until the start of the first
31full year of enrollment of the child.
32 Sec. 4. APPLICABILITY. This Act applies to school years
33beginning on or after July 1, 2021.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-2-1the explanation’s substance by the members of the general assembly.
2This bill modifies several provisions related to Iowa’s open
3enrollment law.
4Code section 282.18(2) establishes deadlines for requests
5to open enroll as March 1 of the preceding school year for
6students entering grades one through twelve and as September 1
7of the current school year for students entering kindergarten.
8The bill adds prekindergarten students enrolled in special
9education programs to the group of students subject to the
10September 1 deadline and makes corresponding changes to other
11provisions of Code section 282.18.
12The bill also amends the definition of “good cause” for
13purposes of consideration and approval of open enrollment
14requests that fail to meet statutory deadlines to include
15a change in a child’s residence from the residence of one
16parent or guardian to the residence of a different parent or
17guardian and the initial placement of a prekindergarten student
18in a special education program requiring specially designed
19instruction. The bill also makes corresponding changes
20to other provisions of Code section 282.18 to reflect the
21amendment to the definition of good cause.
22The bill applies to school years beginning on or after July
231, 2021.
-3-md/jh
2determination of good cause and including applicability
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 282.18, subsection 2, paragraph a, Code
22021, is amended to read as follows:
3a. By March 1 of the preceding school year for students
4entering grades one through twelve, or by September 1 of the
5current school year for students entering kindergarten or for
6prekindergarten students enrolled in special education programs
7and included in the school district’s basic enrollment under
8section 257.6, subsection 1, paragraph “a”, subparagraph (1),
9the parent or guardian shall send notification to the district
10of residence and the receiving district, on forms prescribed
11by the department of education, that the parent or guardian
12intends to enroll the parent’s or guardian’s child in a public
13school in another school district. If a parent or guardian
14fails to file a notification that the parent intends to enroll
15the parent’s or guardian’s child in a public school in another
16district by the deadline specified in this subsection, the
17procedures of subsection 4 apply.
18 Sec. 2. Section 282.18, subsection 4, paragraph b, Code
192021, is amended to read as follows:
20b. For purposes of this section, “good cause” means a change
21in a child’s residence due to a change in family residence,
22a change in a child’s residence from the residence of one
23parent or guardian to the residence of a different parent or
24guardian, a change in the state in which the family residence
25is located, a change in a child’s parents’ marital status,
26a guardianship or custody proceeding, placement in foster
27care, adoption, participation in a foreign exchange program,
28initial placement of a prekindergarten student in a special
29education program requiring specially designed instruction, or
30participation in a substance abuse or mental health treatment
31program, a change in the status of a child’s resident district
32such as removal of accreditation by the state board, surrender
33of accreditation, or permanent closure of a nonpublic school,
34revocation of a charter school contract as provided in section
35256F.8, the failure of negotiations for a whole grade sharing,
-1-1reorganization, dissolution agreement or the rejection of a
2current whole grade sharing agreement, or reorganization plan.
3If the good cause relates to a change in status of a child’s
4school district of residence, however, action by a parent
5or guardian must be taken to file the notification within
6forty-five days of the last board action or within thirty days
7of the certification of the election, whichever is applicable
8to the circumstances.
9 Sec. 3. Section 282.18, subsection 9, paragraph b, Code
102021, is amended to read as follows:
11b. If a request to transfer is due to a change in family
12residence, a change in a child’s residence from the residence
13of one parent or guardian to the residence of a different
14parent or guardian, change in the state in which the family
15residence is located, a change in a child’s parents’ marital
16status, a guardianship proceeding, placement in foster care,
17adoption, participation in a foreign exchange program, or
18participation in a substance abuse or mental health treatment
19program, and the child who is the subject of the request is
20enrolled in any grade from kindergarten through grade twelve
21or who is a prekindergarten student enrolled in a special
22education program at the time of the request and is not
23currently using any provision of open enrollment, the parent or
24guardian of the child shall have the option to have the child
25remain in the child’s original district of residence under open
26enrollment with no interruption in the child’s kindergarten
27through grade twelve educational program. If a parent or
28guardian exercises this option, the child’s new district of
29residence is not required to pay the amount calculated in
30subsection 7 or 8, as applicable, until the start of the first
31full year of enrollment of the child.
32 Sec. 4. APPLICABILITY. This Act applies to school years
33beginning on or after July 1, 2021.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-2-1the explanation’s substance by the members of the general assembly.
2This bill modifies several provisions related to Iowa’s open
3enrollment law.
4Code section 282.18(2) establishes deadlines for requests
5to open enroll as March 1 of the preceding school year for
6students entering grades one through twelve and as September 1
7of the current school year for students entering kindergarten.
8The bill adds prekindergarten students enrolled in special
9education programs to the group of students subject to the
10September 1 deadline and makes corresponding changes to other
11provisions of Code section 282.18.
12The bill also amends the definition of “good cause” for
13purposes of consideration and approval of open enrollment
14requests that fail to meet statutory deadlines to include
15a change in a child’s residence from the residence of one
16parent or guardian to the residence of a different parent or
17guardian and the initial placement of a prekindergarten student
18in a special education program requiring specially designed
19instruction. The bill also makes corresponding changes
20to other provisions of Code section 282.18 to reflect the
21amendment to the definition of good cause.
22The bill applies to school years beginning on or after July
231, 2021.
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