House File 2498 - IntroducedA Bill ForAn Act 1relating to education, including modifying provisions
2related to open enrollment, teacher librarian endorsements,
3and the placement of children identified as requiring
4special education in competent private instruction.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PRIVATE INSTRUCTION — SPECIAL EDUCATION
3   Section 1.  Section 299A.9, subsection 1, Code 2022, is
4amended to read as follows:
   51.  A child of compulsory attendance age who is identified
6as requiring special education under chapter 256B is eligible
7for placement under competent private instruction with prior
8approval of the placement by the director of special education
9of the area education agency of the child’s district of
10residence
.
11   Sec. 2.  Section 299A.9, Code 2022, is amended by adding the
12following new subsection:
13   NEW SUBSECTION.  3.  The parent, guardian, or legal custodian
14of a child who is identified as requiring special education
15may request dual enrollment pursuant to section 299A.8. The
16appropriate special education services for the child shall be
17determined pursuant to chapter 256B and rules adopted pursuant
18to chapter 256B.
19DIVISION II
20OPEN ENROLLMENT
21   Sec. 3.  Section 282.18, subsection 5, Code 2022, is amended
22to read as follows:
   235.  a.  Open enrollment applications filed after March 1
24of the preceding school year that do not qualify for good
25cause as provided in subsection 4 shall be subject to the
26approval of the board of the resident district and the board
27of the receiving district. The parent or guardian shall send
28notification to the district of residence and the receiving
29district that the parent or guardian seeks to enroll the
30parent’s or guardian’s child in the receiving district.
   31b.  A decision of either board to deny an application filed
32under this subsection involving repeated acts of harassment
33of the student that the resident district cannot adequately
34address, a consistent failure of the resident district to
35reasonably respond to a student’s failure to meet basic
-1-1academic standards after notice provided by a parent or
2guardian, or a serious health condition of the student that
3the resident district cannot adequately address is subject to
4appeal under section 290.1. A decision of either board to
5deny an application filed under this subsection related to the
6sibling or stepsibling of a student described in this paragraph
7is also subject to appeal under section 290.1.

   8c.  The state board shall adopt by rule the criteria
9for determining a resident district’s consistent failure
10to reasonably respond to a student’s failure to meet basic
11academic standards and shall exercise broad discretion to
12achieve just and equitable results that are in the best
13interest of the affected child or children.
14   Sec. 4.  Section 282.18, subsection 11, paragraph a, Code
152022, is amended by adding the following new subparagraph:
16   NEW SUBPARAGRAPH.  (08)  If the pupil participates in
17open enrollment because the pupil’s sibling or stepsibling
18participates in open enrollment as a result of the sibling
19or stepsibling’s appeal under section 282.18, subsection 5,
20paragraph “b”.
21DIVISION III
22TEACHER LIBRARIANS
23   Sec. 5.  Section 256.11, subsection 9, Code 2022, is amended
24to read as follows:
   259.  Beginning July 1, 2006, each school district shall have a
26qualified teacher librarian who shall be licensed by the board
27of educational examiners under chapter 272. Such license shall
28not require the completion of a master’s degree.
The state
29board shall establish in rule a definition of and standards for
30an articulated sequential kindergarten through grade twelve
31media program. A school district that entered into a contract
32with an individual for employment as a media specialist or
33librarian prior to June 1, 2006, shall be considered to be
34in compliance with this subsection until June 30, 2011, if
35the individual is making annual progress toward meeting the
-2-1requirements for a teacher librarian endorsement issued by the
2board of educational examiners under chapter 272. A school
3district that entered into a contract with an individual for
4employment as a media specialist or librarian who holds at
5least a master’s degree in library and information studies
6shall be considered to be in compliance with this subsection
7until the individual leaves the employ of the school district.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
   11This bill relates to education by modifying provisions
12related to open enrollment, teacher librarian endorsements,
13and the placement of children identified as requiring special
14education in competent private instruction.
   15DIVISION I — PRIVATE INSTRUCTION — SPECIAL EDUCATION. The
16bill provides that a child of compulsory attendance age who
17is identified as requiring special education is eligible for
18placement under competent private instruction without prior
19approval of the placement by the director of special education
20of an area education agency. The bill also provides that a
21child who is identified as requiring special education may
22request dual enrollment and the appropriate special education
23services for the child shall be determined pursuant to Code
24chapter 256B (special education).
   25DIVISION II— OPEN ENROLLMENT. Current law provides
26that the decision of the board of a resident school district
27or receiving school district to deny an open enrollment
28application filed after March 1 of the preceding school year
29that involves repeated acts of harassment of the student that
30the resident district cannot adequately address, a consistent
31failure of the resident district to reasonably respond to a
32student’s failure to meet basic academic standards after notice
33provided by a parent or guardian, or a serious health condition
34of the student that the resident district cannot adequately
35address is subject to appeal under Code section 290.1. The
-3-1bill provides that this right of appeal also applies to a
2decision of either board to deny an open enrollment application
3related to the sibling or stepsibling of such a student.
4Additionally, the bill authorizes the sibling or stepsibling of
5such a student, attending a grade in grades 9 through 12, who
6does participate in open enrollment to participate immediately
7in a varsity interscholastic sport.
   8DIVISION III — TEACHER LIBRARIANS. The bill removes the
9requirement that the holder of a teacher librarian endorsement
10have a master’s degree.
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