House File 429 - IntroducedA Bill ForAn Act 1relating to school districts, including authorizing
2the parent or guardian of a student enrolled in a school
3district to enroll the student in another attendance
4center within the same school district in certain specified
5circumstances, requiring classroom teachers employed
6by school districts to provide notice to the parents or
7guardians of students enrolled in the school district if the
8classroom teacher witnesses the student being physically
9injured, harassed, or bullied, and including effective date
10provisions.
11BE 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 student enrolled in the school district
8has harassed or bullied the student. For purposes of this
9subsection, “harassment” and “bullying” mean the same as defined
10in section 280.28.
   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.  NEW SECTION.  279.78  Notice to parents or guardians
16related to physical injuries, harassment, or bullying.
   17A classroom teacher employed by a school district shall
18notify the parents or guardians of a student enrolled in
19the school district in writing or by electronic mail within
20twenty-four hours after the classroom teacher witnesses any of
21the following:
   221.  Any student enrolled in the school district physically
23injuring the student.
   242.  Any student enrolled in the school district harassing
25or bullying the student. For purposes of this subsection,
26“harassment” and “bullying” mean the same as defined in section
27280.28.
28   Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate
29importance, takes effect upon enactment.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
   33This bill relates to school districts, including authorizing
34the parent or guardian of a student enrolled in a school
35district to enroll the student in another attendance
-3-1center within the same school district in certain specified
2circumstances and requiring classroom teachers employed by
3school districts to provide notice to the parents or guardians
4of students enrolled in the school district if the classroom
5teacher witnesses the student being physically injured,
6harassed, or bullied.
   7The bill enacts new Code section 279.77, which provides that
8a parent or guardian of a student enrolled in a school district
9may enroll the student in another attendance center within the
10same school district that offers classes at the student’s grade
11level in the manner provided in new Code section 279.77 if the
12board of directors of the school district reasonably believes
13that any student enrolled in the school district has harassed
14or bullied the student. The bill defines “harassment” and
15“bullying”.
   16The bill requires a parent or guardian to send a request
17to the board of directors indicating that the parent or
18guardian intends to enroll the student in another attendance
19center within the same school district. Additionally, the
20bill requires the board of directors to enroll the student
21in another attendance center within the same school district
22unless the attendance center has insufficient classroom space
23for the student. The bill authorizes the board of directors
24to adopt a policy granting the superintendent the authority
25to approve these requests. The bill requires the board
26of directors to transmit a copy of the form to the parent
27or guardian within five days after board action. The bill
28authorizes the parent or guardian to withdraw the request
29at any time prior to the board of directors’ action on the
30request.
   31The bill provides that these requests are for a period of
32not less than one year. The bill also provides that a student
33who attends school in another attendance center pursuant to
34new Code section 279.77 may return to the original attendance
35center and enroll at any time, once the parent or guardian has
-4-1notified the board of directors of the decision to enroll the
2student in the original attendance center.
   3The bill provides that, if a request filed pursuant to
4new Code section 279.77 is for a student requiring special
5education, the request to transfer to another attendance center
6shall only be granted if the attendance center maintains a
7special education instructional program that is appropriate to
8meet the student’s educational needs and the enrollment of the
9student in the attendance center would not cause the size of
10the class or caseload in that special education instructional
11program in the attendance center to exceed the maximum class
12size or caseload established pursuant to rules adopted by the
13state board of education, and, if the student would be assigned
14to a general education class, there is sufficient classroom
15space for the general education class to which the student
16would be assigned.
   17The bill provides that if a student for whom a request to
18transfer has been filed with the board of directors has been
19suspended or expelled in the school district, the student
20shall not be permitted to transfer until the student has been
21reinstated. The bill also provides that, once the student
22has been reinstated, the student is permitted to transfer in
23the same manner as if the student had not been suspended or
24expelled. The bill establishes that if a student for whom a
25request to transfer has been filed with the board of directors
26is expelled, the student shall be permitted to transfer if the
27student applies for and is reinstated. The bill provides that
28if the student applies for reinstatement but is not reinstated
29in the school district, the board of directors may deny the
30request to transfer.
   31The bill provides that a student who is enrolled in
32another attendance center within the same school district
33pursuant to new Code section 279.77 is eligible to participate
34immediately in varsity interscholastic athletic contests and
35athletic competitions as a member of a team from the receiving
-5-1attendance center.
   2The bill prohibits new Code section 279.77 from being
3construed to prohibit a school district from allowing the
4parent or guardian of a student enrolled in the school district
5to enroll the student in another attendance center within the
6same school district that offers classes at the student’s grade
7level pursuant to a policy adopted by the board of directors
8of the school district that allows for transfers for reasons
9in addition to those allowed pursuant to the bill. The
10bill requires the state board of education to adopt rules to
11administer the new Code section.
   12The bill enacts new Code section 279.78, which requires
13a classroom teacher employed by a school district to notify
14the parents or guardians of a student enrolled in the school
15district in writing or by electronic mail within 24 hours after
16the classroom teacher witnesses any student enrolled in the
17school district physically injuring, harassing, or bullying the
18student.
   19The bill takes effect upon enactment.
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