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Senate File 2011 - IntroducedA Bill ForAn Act 1relating to open enrollment and including applicability
2provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 282.18, subsection 2, paragraphs a and b,
2Code 2024, are amended to read as follows:
3a. A 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),
9a 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 or guardian
15intends to enroll the parent’s or guardian’s child in a public
16school in another district by the deadline specified in this
17paragraph, the procedures of subsection 3A apply.
18b. The board of the receiving district shall enroll the
19pupil in a school in the receiving district for the following
20school year unless the receiving district has insufficient
21classroom space for the pupil. The board of directors
22of a receiving district may adopt a policy granting the
23superintendent of the school district authority to approve open
24enrollment applications. If the request is granted, the board
25shall transmit a copy of the form to the parent or guardian and
26the school district of residence within five days after board
27action, but not later than June 1 of the preceding school year.
28The parent or guardian may withdraw the request at any time
29prior to the board’s action on the application start of the
30school year. A denial of a request by the board of a receiving
31district is not subject to appeal.
32 Sec. 2. Section 282.18, subsection 3, paragraph a, Code
332024, is amended to read as follows:
34a. The superintendent of a district subject to court-ordered
35desegregation may deny a request for transfer under this
-1-1section if the superintendent finds that enrollment or release
2of a pupil will adversely affect the district’s implementation
3of the desegregation order, unless the transfer is requested
4by a pupil whose sibling is already participating in open
5enrollment to another district, or unless the request for
6transfer is submitted to the district in a timely manner as
7required under subsection 2 prior to implementation of the
8desegregation order by the district. If a transfer request
9would facilitate implementation of a desegregation order, the
10district shall give priority to granting the request over other
11requests.
12 Sec. 3. Section 282.18, Code 2024, is amended by adding the
13following new subsections:
14 NEW SUBSECTION. 3A. a. After March 1 of the preceding
15school year and until the date specified in section 257.6,
16subsection 1, the parent or guardian shall send notification to
17the district of residence and the receiving district, on forms
18prescribed by the department of education, that good cause
19exists for failure to meet the March 1 deadline. The board of
20directors of a receiving school district may adopt a policy
21granting the superintendent of the school district authority to
22approve open enrollment applications submitted after the March
231 deadline. The board of the receiving district shall take
24action to approve the request if good cause exists. If the
25request is granted, the board shall transmit a copy of the form
26to the parent or guardian and the school district of residence
27within five days after board action. A denial of a request by
28the board of a receiving district is not subject to appeal.
29b. If a resident district believes that a receiving
30district is violating this subsection, the resident district
31may, within fifteen days after board action by the receiving
32district, submit an appeal to the director of the department
33of education.
34c. The director of the department of education, or the
35director’s designee, shall attempt to mediate the dispute to
-2-1reach approval by both boards as provided in subsection 12A.
2If approval is not reached under mediation, the director or
3the director’s designee shall conduct a hearing and shall hear
4testimony from both boards. Within ten days following the
5hearing, the director shall render a decision upholding or
6reversing the decision by the board of the receiving district.
7Within five days of the director’s decision, the board may
8appeal the decision of the director to the state board of
9education under the procedures set forth in chapter 290.
10 NEW SUBSECTION. 3B. Open enrollment applications filed
11after March 1 of the preceding school year that do not qualify
12for good cause as provided in subsection 3A shall be subject
13to the approval of the board of the resident district and
14the board of the receiving district. The parent or guardian
15shall send notification to the district of residence and the
16receiving district that the parent or guardian seeks to enroll
17the parent’s or guardian’s child in the receiving district. A
18decision of either board to deny an application filed under
19this subsection involving repeated acts of harassment of the
20student or serious health condition of the student that the
21resident district cannot adequately address is subject to
22appeal under section 290.1. The state board shall exercise
23broad discretion to achieve just and equitable results that are
24in the best interest of the affected child or children.
25 NEW SUBSECTION. 12A. An application for open enrollment
26may be granted at any time with approval of the resident and
27receiving districts.
28 Sec. 4. Section 282.18, subsection 4, Code 2024, is amended
29to read as follows:
304. A request under this section is for a period of not less
31than one year. If the request is for more than one year and
32the parent or guardian desires to have the pupil enroll in a
33different district, the parent or guardian may petition the
34current receiving district by March 1 of the previous school
35year for permission to enroll the pupil in a different district
-3-1for a period of not less than one year. Upon receipt of such a
2request, the current receiving district board may act on the
3request to transfer to the other school district at the next
4regularly scheduled board meeting after the receipt of the
5request. The new receiving district shall enroll the pupil
6in the district unless there is insufficient classroom space
7in the district or the district is subject to court-ordered
8desegregation and enrollment of the pupil would adversely
9affect implementation of the desegregation order. A denial of
10a request to change district enrollment within the approval
11period is not subject to appeal. A However, a pupil who has
12been in attendance in another district under this section
13may return to the district of residence and enroll at any
14time, once the parent or guardian has notified the district of
15residence and the receiving district in writing of the decision
16to enroll the pupil in the district of residence.
17 Sec. 5. Section 282.18, subsection 9, paragraph a,
18subparagraph (8), Code 2024, is amended to read as follows:
19(8) If the pupil participates in open enrollment because
20of circumstances that meet the definition of good cause. For
21purposes of this subparagraph section, “good cause” means
22a change in a child’s residence due to a change in family
23residence, a change in a child’s residence from the residence
24of one parent or guardian to the residence of a different
25parent or guardian, a change in the state in which the family
26residence is located, a change in a child’s parents’ marital
27status, a guardianship or custody proceeding, placement in
28foster care, adoption, participation in a foreign exchange
29program, initial placement of a prekindergarten student in
30a special education program requiring specially designed
31instruction, or participation in a substance use disorder or
32mental health treatment program, a change in the status of a
33child’s resident district such as removal of accreditation
34by the state board, surrender of accreditation, or permanent
35closure of a nonpublic school, revocation of a charter school
-4-1contract as provided in section 256E.10 or 256F.8, the failure
2of negotiations for a whole grade sharing, reorganization,
3dissolution agreement, or the rejection of a current whole
4grade sharing agreement, or reorganization plan.
5 Sec. 6. Section 290.1, Code 2024, is amended to read as
6follows:
7290.1 Appeal to state board.
8An affected pupil, or the parent or guardian of an affected
9pupil who is a minor, who is aggrieved by a decision or order
10of the board of directors of a school corporation in a matter
11of law or fact, or a decision or order of a board of directors
12under section 282.18, subsection 3B, may, within thirty days
13after the rendition of the decision or the making of the order,
14appeal the decision or order to the state board of education;
15the basis of the proceedings shall be an affidavit filed with
16the state board by the party aggrieved within the time for
17taking the appeal, which affidavit shall set forth any error
18complained of in a plain and concise manner.
19 Sec. 7. APPLICABILITY. This Act applies to applications
20and notifications related to open enrollment submitted under
21section 282.18 on or after the effective date of this Act.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to open enrollment. Current law
26authorizes a parent or guardian to enroll the parent’s or
27guardian’s child in a public school in another school district
28at any time, subject to certain limited exceptions. The bill
29establishes that, in order for a parent or guardian to open
30enroll the parent’s or guardian’s child, the parent or guardian
31is required to send a notification to that effect to both the
32district of residence and the receiving district by March 1
33of the preceding school year for students entering grades 1
34through 12, or by September 1 of the current school year for
35students entering kindergarten or for prekindergarten students
-5-1enrolled in special education programs and included in the
2school district’s basic enrollment. The bill provides that,
3if a parent or guardian fails to send the notification when
4required, the parent or guardian may still be able to open
5enroll the parent’s or guardian’s child if “good cause”, as
6defined in Code section 282.18(9)(a)(8), exists for failure to
7meet the March 1 deadline. If good cause does not exist for
8failure to meet the March 1 deadline, the bill establishes that
9open enrollment applications are subject to the approval of the
10board of the resident district and the board of the receiving
11district and provides for the right to appeal the decision of
12either board to the state board of education.
13The bill provides that an application for open enrollment
14may be granted at any time with approval of the resident and
15receiving districts.
16The bill establishes appeal and mediation mechanisms,
17involving both the department of education and the state board
18of education, to resolve disputes between school districts
19related to applications for open enrollment.
20The bill applies to applications and notifications related
21to open enrollment submitted on or after the effective date of
22the bill.
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2provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 282.18, subsection 2, paragraphs a and b,
2Code 2024, are amended to read as follows:
3a. A 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),
9a 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 or guardian
15intends to enroll the parent’s or guardian’s child in a public
16school in another district by the deadline specified in this
17paragraph, the procedures of subsection 3A apply.
18b. The board of the receiving district shall enroll the
19pupil in a school in the receiving district for the following
20school year unless the receiving district has insufficient
21classroom space for the pupil. The board of directors
22of a receiving district may adopt a policy granting the
23superintendent of the school district authority to approve open
24enrollment applications. If the request is granted, the board
25shall transmit a copy of the form to the parent or guardian and
26the school district of residence within five days after board
27action, but not later than June 1 of the preceding school year.
28The parent or guardian may withdraw the request at any time
29prior to the board’s action on the application start of the
30school year. A denial of a request by the board of a receiving
31district is not subject to appeal.
32 Sec. 2. Section 282.18, subsection 3, paragraph a, Code
332024, is amended to read as follows:
34a. The superintendent of a district subject to court-ordered
35desegregation may deny a request for transfer under this
-1-1section if the superintendent finds that enrollment or release
2of a pupil will adversely affect the district’s implementation
3of the desegregation order, unless the transfer is requested
4by a pupil whose sibling is already participating in open
5enrollment to another district, or unless the request for
6transfer is submitted to the district in a timely manner as
7required under subsection 2 prior to implementation of the
8desegregation order by the district. If a transfer request
9would facilitate implementation of a desegregation order, the
10district shall give priority to granting the request over other
11requests.
12 Sec. 3. Section 282.18, Code 2024, is amended by adding the
13following new subsections:
14 NEW SUBSECTION. 3A. a. After March 1 of the preceding
15school year and until the date specified in section 257.6,
16subsection 1, the parent or guardian shall send notification to
17the district of residence and the receiving district, on forms
18prescribed by the department of education, that good cause
19exists for failure to meet the March 1 deadline. The board of
20directors of a receiving school district may adopt a policy
21granting the superintendent of the school district authority to
22approve open enrollment applications submitted after the March
231 deadline. The board of the receiving district shall take
24action to approve the request if good cause exists. If the
25request is granted, the board shall transmit a copy of the form
26to the parent or guardian and the school district of residence
27within five days after board action. A denial of a request by
28the board of a receiving district is not subject to appeal.
29b. If a resident district believes that a receiving
30district is violating this subsection, the resident district
31may, within fifteen days after board action by the receiving
32district, submit an appeal to the director of the department
33of education.
34c. The director of the department of education, or the
35director’s designee, shall attempt to mediate the dispute to
-2-1reach approval by both boards as provided in subsection 12A.
2If approval is not reached under mediation, the director or
3the director’s designee shall conduct a hearing and shall hear
4testimony from both boards. Within ten days following the
5hearing, the director shall render a decision upholding or
6reversing the decision by the board of the receiving district.
7Within five days of the director’s decision, the board may
8appeal the decision of the director to the state board of
9education under the procedures set forth in chapter 290.
10 NEW SUBSECTION. 3B. Open enrollment applications filed
11after March 1 of the preceding school year that do not qualify
12for good cause as provided in subsection 3A shall be subject
13to the approval of the board of the resident district and
14the board of the receiving district. The parent or guardian
15shall send notification to the district of residence and the
16receiving district that the parent or guardian seeks to enroll
17the parent’s or guardian’s child in the receiving district. A
18decision of either board to deny an application filed under
19this subsection involving repeated acts of harassment of the
20student or serious health condition of the student that the
21resident district cannot adequately address is subject to
22appeal under section 290.1. The state board shall exercise
23broad discretion to achieve just and equitable results that are
24in the best interest of the affected child or children.
25 NEW SUBSECTION. 12A. An application for open enrollment
26may be granted at any time with approval of the resident and
27receiving districts.
28 Sec. 4. Section 282.18, subsection 4, Code 2024, is amended
29to read as follows:
304. A request under this section is for a period of not less
31than one year. If the request is for more than one year and
32the parent or guardian desires to have the pupil enroll in a
33different district, the parent or guardian may petition the
34current receiving district by March 1 of the previous school
35year for permission to enroll the pupil in a different district
-3-1for a period of not less than one year. Upon receipt of such a
2request, the current receiving district board may act on the
3request to transfer to the other school district at the next
4regularly scheduled board meeting after the receipt of the
5request. The new receiving district shall enroll the pupil
6in the district unless there is insufficient classroom space
7in the district or the district is subject to court-ordered
8desegregation and enrollment of the pupil would adversely
9affect implementation of the desegregation order. A denial of
10a request to change district enrollment within the approval
11period is not subject to appeal. A However, a pupil who has
12been in attendance in another district under this section
13may return to the district of residence and enroll at any
14time, once the parent or guardian has notified the district of
15residence and the receiving district in writing of the decision
16to enroll the pupil in the district of residence.
17 Sec. 5. Section 282.18, subsection 9, paragraph a,
18subparagraph (8), Code 2024, is amended to read as follows:
19(8) If the pupil participates in open enrollment because
20of circumstances that meet the definition of good cause. For
21purposes of this subparagraph section, “good cause” means
22a change in a child’s residence due to a change in family
23residence, a change in a child’s residence from the residence
24of one parent or guardian to the residence of a different
25parent or guardian, a change in the state in which the family
26residence is located, a change in a child’s parents’ marital
27status, a guardianship or custody proceeding, placement in
28foster care, adoption, participation in a foreign exchange
29program, initial placement of a prekindergarten student in
30a special education program requiring specially designed
31instruction, or participation in a substance use disorder or
32mental health treatment program, a change in the status of a
33child’s resident district such as removal of accreditation
34by the state board, surrender of accreditation, or permanent
35closure of a nonpublic school, revocation of a charter school
-4-1contract as provided in section 256E.10 or 256F.8, the failure
2of negotiations for a whole grade sharing, reorganization,
3dissolution agreement, or the rejection of a current whole
4grade sharing agreement, or reorganization plan.
5 Sec. 6. Section 290.1, Code 2024, is amended to read as
6follows:
7290.1 Appeal to state board.
8An affected pupil, or the parent or guardian of an affected
9pupil who is a minor, who is aggrieved by a decision or order
10of the board of directors of a school corporation in a matter
11of law or fact, or a decision or order of a board of directors
12under section 282.18, subsection 3B, may, within thirty days
13after the rendition of the decision or the making of the order,
14appeal the decision or order to the state board of education;
15the basis of the proceedings shall be an affidavit filed with
16the state board by the party aggrieved within the time for
17taking the appeal, which affidavit shall set forth any error
18complained of in a plain and concise manner.
19 Sec. 7. APPLICABILITY. This Act applies to applications
20and notifications related to open enrollment submitted under
21section 282.18 on or after the effective date of this Act.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to open enrollment. Current law
26authorizes a parent or guardian to enroll the parent’s or
27guardian’s child in a public school in another school district
28at any time, subject to certain limited exceptions. The bill
29establishes that, in order for a parent or guardian to open
30enroll the parent’s or guardian’s child, the parent or guardian
31is required to send a notification to that effect to both the
32district of residence and the receiving district by March 1
33of the preceding school year for students entering grades 1
34through 12, or by September 1 of the current school year for
35students entering kindergarten or for prekindergarten students
-5-1enrolled in special education programs and included in the
2school district’s basic enrollment. The bill provides that,
3if a parent or guardian fails to send the notification when
4required, the parent or guardian may still be able to open
5enroll the parent’s or guardian’s child if “good cause”, as
6defined in Code section 282.18(9)(a)(8), exists for failure to
7meet the March 1 deadline. If good cause does not exist for
8failure to meet the March 1 deadline, the bill establishes that
9open enrollment applications are subject to the approval of the
10board of the resident district and the board of the receiving
11district and provides for the right to appeal the decision of
12either board to the state board of education.
13The bill provides that an application for open enrollment
14may be granted at any time with approval of the resident and
15receiving districts.
16The bill establishes appeal and mediation mechanisms,
17involving both the department of education and the state board
18of education, to resolve disputes between school districts
19related to applications for open enrollment.
20The bill applies to applications and notifications related
21to open enrollment submitted on or after the effective date of
22the bill.
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