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House File 17 - IntroducedA Bill ForAn Act 1authorizing the parent or guardian of a student enrolled
2in a school district to enroll the student in another
3attendance center within the same school district in certain
4specified circumstances and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 279.77 Intra-district enrollment.
21. A parent or guardian of a student enrolled in a school
3district may enroll the student in another attendance center
4within the same school district that offers classes at the
5student’s grade level in the manner provided in this section
6if the board of directors of the school district reasonably
7believes that any employee or contractor of the school
8district, or any student enrolled in the school district, has
9committed any crime specified under chapter 708 or 709 against
10the student.
112. a. A parent or guardian shall send notification to the
12board of directors of the school district, on forms prescribed
13by the department of education, that the parent or guardian
14intends to enroll the student in another attendance center
15within the same school district that offers classes at the
16student’s grade level.
17b. The board of directors of the school district shall
18enroll the student in another attendance center within the same
19school district unless the attendance center has insufficient
20classroom space for the student. The board of directors of a
21school district may adopt a policy granting the superintendent
22of the school district authority to approve requests submitted
23pursuant to this section. If the request is granted, the board
24of directors of the school district shall transmit a copy of
25the form to the parent or guardian within five days after board
26action. The parent or guardian may withdraw the request at any
27time prior to the board of directors’ action on the request.
28A denial of a request by the board of directors is not subject
29to appeal.
30c. Each school district shall adopt a policy that defines
31the term “insufficient classroom space” for that district.
323. A request under this section is for a period of not
33less than one year. A student who attends school in another
34attendance center pursuant to this section may return to the
35original attendance center and enroll at any time, once the
-1-1parent or guardian has notified the board of directors of
2the school district in writing of the decision to enroll the
3student in the original attendance center.
44. If a request filed under this section is for a student
5requiring special education under chapter 256B, the request to
6transfer to another attendance center shall only be granted if
7all of the following conditions are met:
8a. The attendance center maintains a special education
9instructional program that is appropriate to meet the student’s
10educational needs and the enrollment of the student in the
11attendance center would not cause the size of the class or
12caseload in that special education instructional program in the
13attendance center to exceed the maximum class size or caseload
14established pursuant to rules adopted by the state board of
15education.
16b. If the student would be assigned to a general education
17class, there is sufficient classroom space for the general
18education class to which the student would be assigned.
195. If a student, for whom a request to transfer has been
20filed with the board of directors of a school district, has
21been suspended or expelled in the school district, the student
22shall not be permitted to transfer until the student has been
23reinstated. Once the student has been reinstated, however, the
24student shall be permitted to transfer in the same manner as if
25the student had not been suspended or expelled. If a student,
26for whom a request to transfer has been filed with the board
27of directors of a school district, is expelled in the school
28district, the student shall be permitted to transfer under this
29section if the student applies for and is reinstated. However,
30if the student applies for reinstatement but is not reinstated
31in the school district, the board of directors of the school
32district may deny the request to transfer. The decision of
33the board of directors of the school district is not subject
34to appeal.
356. A student who is enrolled in another attendance center
-2-1within the same school district pursuant to this section is
2eligible to participate immediately in varsity interscholastic
3athletic contests and athletic competitions as a member of a
4team from the receiving attendance center.
57. This section shall not be construed to prohibit a
6school district from allowing the parent or guardian of a
7student enrolled in the school district to enroll the student
8in another attendance center within the same school district
9that offers classes at the student’s grade level pursuant to a
10policy adopted by the board of directors of the school district
11that allows for transfers for reasons in addition to those
12allowed pursuant to this section.
138. The state board of education shall adopt rules pursuant
14to chapter 17A to administer this section.
15 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
16importance, takes effect upon enactment.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill authorizes the parent or guardian of a student
21enrolled in a school district to enroll the student in another
22attendance center within the same school district in certain
23specified circumstances.
24The bill enacts new Code section 279.77, which provides that
25a parent or guardian of a student enrolled in a school district
26may enroll the student in another attendance center within the
27same school district that offers classes at the student’s grade
28level in the manner provided in new Code section 279.77 if the
29board of directors of the school district reasonably believes
30that any employee or contractor of the school district, or any
31student enrolled in the school district, has committed any
32crime specified under Code chapter 708 (assault) or 709 (sexual
33abuse) against the student.
34The bill requires a parent or guardian to send a request
35to the board of directors indicating that the parent or
-3-1guardian intends to enroll the student in another attendance
2center within the same school district. Additionally, the
3bill requires the board of directors to enroll the student
4in another attendance center within the same school district
5unless the attendance center has insufficient classroom space
6for the student. The bill authorizes the board of directors
7to adopt a policy granting the superintendent the authority
8to approve these requests. The bill requires the board
9of directors to transmit a copy of the form to the parent
10or guardian within five days after board action. The bill
11authorizes the parent or guardian to withdraw the request
12at any time prior to the board of directors’ action on the
13request.
14The bill provides that these requests are for a period of
15not less than one year. The bill also provides that a student
16who attends school in another attendance center pursuant to
17new Code section 279.77 may return to the original attendance
18center and enroll at any time, once the parent or guardian has
19notified the board of directors of the decision to enroll the
20student in the original attendance center.
21The bill provides that, if a request filed pursuant to
22new Code section 279.77 is for a student requiring special
23education, the request to transfer to another attendance center
24shall only be granted if the attendance center maintains a
25special education instructional program that is appropriate to
26meet the student’s educational needs and the enrollment of the
27student in the attendance center would not cause the size of
28the class or caseload in that special education instructional
29program in the attendance center to exceed the maximum class
30size or caseload established pursuant to rules adopted by the
31state board of education, and, if the student would be assigned
32to a general education class, there is sufficient classroom
33space for the general education class to which the student
34would be assigned.
35The bill provides that if a student for whom a request to
-4-1transfer has been filed with the board of directors has been
2suspended or expelled in the school district, the student
3shall not be permitted to transfer until the student has been
4reinstated. The bill also provides that, once the student
5has been reinstated, the student is permitted to transfer in
6the same manner as if the student had not been suspended or
7expelled. The bill establishes that if a student for whom a
8request to transfer has been filed with the board of directors
9is expelled, the student shall be permitted to transfer if the
10student applies for and is reinstated. The bill provides that
11if the student applies for reinstatement but is not reinstated
12in the school district, the board of directors may deny the
13request to transfer.
14The bill provides that a student who is enrolled in
15another attendance center within the same school district
16pursuant to new Code section 279.77 is eligible to participate
17immediately in varsity interscholastic athletic contests and
18athletic competitions as a member of a team from the receiving
19attendance center.
20The bill prohibits new Code section 279.77 from being
21construed to prohibit a school district from allowing the
22parent or guardian of a student enrolled in the school district
23to enroll the student in another attendance center within the
24same school district that offers classes at the student’s grade
25level pursuant to a policy adopted by the board of directors of
26the school district that allows for transfers for reasons in
27addition to those allowed pursuant to the bill.
28The bill requires the state board of education to adopt rules
29to administer the new Code section. The bill takes effect upon
30enactment.
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2in a school district to enroll the student in another
3attendance center within the same school district in certain
4specified circumstances and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 279.77 Intra-district enrollment.
21. A parent or guardian of a student enrolled in a school
3district may enroll the student in another attendance center
4within the same school district that offers classes at the
5student’s grade level in the manner provided in this section
6if the board of directors of the school district reasonably
7believes that any employee or contractor of the school
8district, or any student enrolled in the school district, has
9committed any crime specified under chapter 708 or 709 against
10the student.
112. a. A parent or guardian shall send notification to the
12board of directors of the school district, on forms prescribed
13by the department of education, that the parent or guardian
14intends to enroll the student in another attendance center
15within the same school district that offers classes at the
16student’s grade level.
17b. The board of directors of the school district shall
18enroll the student in another attendance center within the same
19school district unless the attendance center has insufficient
20classroom space for the student. The board of directors of a
21school district may adopt a policy granting the superintendent
22of the school district authority to approve requests submitted
23pursuant to this section. If the request is granted, the board
24of directors of the school district shall transmit a copy of
25the form to the parent or guardian within five days after board
26action. The parent or guardian may withdraw the request at any
27time prior to the board of directors’ action on the request.
28A denial of a request by the board of directors is not subject
29to appeal.
30c. Each school district shall adopt a policy that defines
31the term “insufficient classroom space” for that district.
323. A request under this section is for a period of not
33less than one year. A student who attends school in another
34attendance center pursuant to this section may return to the
35original attendance center and enroll at any time, once the
-1-1parent or guardian has notified the board of directors of
2the school district in writing of the decision to enroll the
3student in the original attendance center.
44. If a request filed under this section is for a student
5requiring special education under chapter 256B, the request to
6transfer to another attendance center shall only be granted if
7all of the following conditions are met:
8a. The attendance center maintains a special education
9instructional program that is appropriate to meet the student’s
10educational needs and the enrollment of the student in the
11attendance center would not cause the size of the class or
12caseload in that special education instructional program in the
13attendance center to exceed the maximum class size or caseload
14established pursuant to rules adopted by the state board of
15education.
16b. If the student would be assigned to a general education
17class, there is sufficient classroom space for the general
18education class to which the student would be assigned.
195. If a student, for whom a request to transfer has been
20filed with the board of directors of a school district, has
21been suspended or expelled in the school district, the student
22shall not be permitted to transfer until the student has been
23reinstated. Once the student has been reinstated, however, the
24student shall be permitted to transfer in the same manner as if
25the student had not been suspended or expelled. If a student,
26for whom a request to transfer has been filed with the board
27of directors of a school district, is expelled in the school
28district, the student shall be permitted to transfer under this
29section if the student applies for and is reinstated. However,
30if the student applies for reinstatement but is not reinstated
31in the school district, the board of directors of the school
32district may deny the request to transfer. The decision of
33the board of directors of the school district is not subject
34to appeal.
356. A student who is enrolled in another attendance center
-2-1within the same school district pursuant to this section is
2eligible to participate immediately in varsity interscholastic
3athletic contests and athletic competitions as a member of a
4team from the receiving attendance center.
57. This section shall not be construed to prohibit a
6school district from allowing the parent or guardian of a
7student enrolled in the school district to enroll the student
8in another attendance center within the same school district
9that offers classes at the student’s grade level pursuant to a
10policy adopted by the board of directors of the school district
11that allows for transfers for reasons in addition to those
12allowed pursuant to this section.
138. The state board of education shall adopt rules pursuant
14to chapter 17A to administer this section.
15 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
16importance, takes effect upon enactment.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill authorizes the parent or guardian of a student
21enrolled in a school district to enroll the student in another
22attendance center within the same school district in certain
23specified circumstances.
24The bill enacts new Code section 279.77, which provides that
25a parent or guardian of a student enrolled in a school district
26may enroll the student in another attendance center within the
27same school district that offers classes at the student’s grade
28level in the manner provided in new Code section 279.77 if the
29board of directors of the school district reasonably believes
30that any employee or contractor of the school district, or any
31student enrolled in the school district, has committed any
32crime specified under Code chapter 708 (assault) or 709 (sexual
33abuse) against the student.
34The bill requires a parent or guardian to send a request
35to the board of directors indicating that the parent or
-3-1guardian intends to enroll the student in another attendance
2center within the same school district. Additionally, the
3bill requires the board of directors to enroll the student
4in another attendance center within the same school district
5unless the attendance center has insufficient classroom space
6for the student. The bill authorizes the board of directors
7to adopt a policy granting the superintendent the authority
8to approve these requests. The bill requires the board
9of directors to transmit a copy of the form to the parent
10or guardian within five days after board action. The bill
11authorizes the parent or guardian to withdraw the request
12at any time prior to the board of directors’ action on the
13request.
14The bill provides that these requests are for a period of
15not less than one year. The bill also provides that a student
16who attends school in another attendance center pursuant to
17new Code section 279.77 may return to the original attendance
18center and enroll at any time, once the parent or guardian has
19notified the board of directors of the decision to enroll the
20student in the original attendance center.
21The bill provides that, if a request filed pursuant to
22new Code section 279.77 is for a student requiring special
23education, the request to transfer to another attendance center
24shall only be granted if the attendance center maintains a
25special education instructional program that is appropriate to
26meet the student’s educational needs and the enrollment of the
27student in the attendance center would not cause the size of
28the class or caseload in that special education instructional
29program in the attendance center to exceed the maximum class
30size or caseload established pursuant to rules adopted by the
31state board of education, and, if the student would be assigned
32to a general education class, there is sufficient classroom
33space for the general education class to which the student
34would be assigned.
35The bill provides that if a student for whom a request to
-4-1transfer has been filed with the board of directors has been
2suspended or expelled in the school district, the student
3shall not be permitted to transfer until the student has been
4reinstated. The bill also provides that, once the student
5has been reinstated, the student is permitted to transfer in
6the same manner as if the student had not been suspended or
7expelled. The bill establishes that if a student for whom a
8request to transfer has been filed with the board of directors
9is expelled, the student shall be permitted to transfer if the
10student applies for and is reinstated. The bill provides that
11if the student applies for reinstatement but is not reinstated
12in the school district, the board of directors may deny the
13request to transfer.
14The bill provides that a student who is enrolled in
15another attendance center within the same school district
16pursuant to new Code section 279.77 is eligible to participate
17immediately in varsity interscholastic athletic contests and
18athletic competitions as a member of a team from the receiving
19attendance center.
20The bill prohibits new Code section 279.77 from being
21construed to prohibit a school district from allowing the
22parent or guardian of a student enrolled in the school district
23to enroll the student in another attendance center within the
24same school district that offers classes at the student’s grade
25level pursuant to a policy adopted by the board of directors of
26the school district that allows for transfers for reasons in
27addition to those allowed pursuant to the bill.
28The bill requires the state board of education to adopt rules
29to administer the new Code section. The bill takes effect upon
30enactment.
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