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House File 154 - IntroducedA Bill ForAn Act 1relating to voluntary diversity plans under the state’s
2open enrollment law.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 282.18, subsection 3, Code 2017, is
2amended to read as follows:
33. a. The superintendent of a district subject to a
4voluntary diversity or court-ordered desegregation plan, as
5recognized by rule of the state board of education, may deny a
6request for transfer under this section if the superintendent
7finds that enrollment or release of a pupil will adversely
8affect the district’s implementation of the desegregation order
9or diversity plan, unless the transfer is requested by a pupil
10whose sibling is already participating in open enrollment
11to another district, or unless the request for transfer is
12submitted to the district in a timely manner as required
13under subsection 2 prior to the adoption of a court-ordered
14 desegregation plan by the district. If a transfer request
15would facilitate a voluntary diversity or court-ordered
16desegregation plan, the district shall give priority to
17granting the request over other requests.
18b. A parent or guardian, whose request has been denied
19because of a court-ordered desegregation order or diversity
20 plan, may appeal the decision of the superintendent to the
21board of the district in which the request was denied. The
22board may either uphold or overturn the superintendent’s
23decision. A decision of the board to uphold the denial of
24the request is subject to appeal to the district court in the
25county in which the primary business office of the district
26is located. The state board of education shall adopt rules
27establishing definitions, guidelines, and a review process for
28school districts that adopt voluntary diversity plans. The
29guidelines shall include criteria and standards that school
30districts must follow when developing a voluntary diversity
31plan. The department of education shall provide technical
32assistance to a school district that is seeking to adopt a
33voluntary diversity plan. A school district implementing a
34voluntary diversity plan prior to July 1, 2008, shall have
35until July 1, 2009, to comply with guidelines adopted by the
-1-1state board pursuant to this section.
2c. The board of directors of a school district subject
3to voluntary diversity or court-ordered desegregation shall
4develop a policy for implementation of open enrollment in
5the district. The policy shall contain objective criteria
6for determining when a request would adversely impact the
7desegregation order or voluntary diversity plan and criteria
8for prioritizing requests that do not have an adverse impact on
9the order or plan.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill eliminates implementation of a voluntary diversity
14plan as a reason to deny open enrollment of a pupil. Under
15current law, a school district subject to a voluntary diversity
16plan or court-ordered desegregation plan may deny a request
17for open enrollment of a pupil from one district to another if
18the superintendent finds that the enrollment or release of the
19pupil will adversely affect the district’s implementation of
20the voluntary or court-ordered plan.
21The bill further eliminates provisions directing the state
22board of education to adopt rules establishing definitions,
23guidelines, and a review process that school districts must
24follow when adopting a voluntary diversity plan and provisions
25requiring the department of education to provide technical
26assistance to school districts seeking to adopt a voluntary
27diversity plan.
28The bill also strikes obsolete language.
-2-kh/sc
2open enrollment law.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 282.18, subsection 3, Code 2017, is
2amended to read as follows:
33. a. The superintendent of a district subject to a
4voluntary diversity or court-ordered desegregation plan, as
5recognized by rule of the state board of education, may deny a
6request for transfer under this section if the superintendent
7finds that enrollment or release of a pupil will adversely
8affect the district’s implementation of the desegregation order
9or diversity plan, unless the transfer is requested by a pupil
10whose sibling is already participating in open enrollment
11to another district, or unless the request for transfer is
12submitted to the district in a timely manner as required
13under subsection 2 prior to the adoption of a court-ordered
14 desegregation plan by the district. If a transfer request
15would facilitate a voluntary diversity or court-ordered
16desegregation plan, the district shall give priority to
17granting the request over other requests.
18b. A parent or guardian, whose request has been denied
19because of a court-ordered desegregation order or diversity
20 plan, may appeal the decision of the superintendent to the
21board of the district in which the request was denied. The
22board may either uphold or overturn the superintendent’s
23decision. A decision of the board to uphold the denial of
24the request is subject to appeal to the district court in the
25county in which the primary business office of the district
26is located. The state board of education shall adopt rules
27establishing definitions, guidelines, and a review process for
28school districts that adopt voluntary diversity plans. The
29guidelines shall include criteria and standards that school
30districts must follow when developing a voluntary diversity
31plan. The department of education shall provide technical
32assistance to a school district that is seeking to adopt a
33voluntary diversity plan. A school district implementing a
34voluntary diversity plan prior to July 1, 2008, shall have
35until July 1, 2009, to comply with guidelines adopted by the
-1-1state board pursuant to this section.
2c. The board of directors of a school district subject
3to voluntary diversity or court-ordered desegregation shall
4develop a policy for implementation of open enrollment in
5the district. The policy shall contain objective criteria
6for determining when a request would adversely impact the
7desegregation order or voluntary diversity plan and criteria
8for prioritizing requests that do not have an adverse impact on
9the order or plan.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill eliminates implementation of a voluntary diversity
14plan as a reason to deny open enrollment of a pupil. Under
15current law, a school district subject to a voluntary diversity
16plan or court-ordered desegregation plan may deny a request
17for open enrollment of a pupil from one district to another if
18the superintendent finds that the enrollment or release of the
19pupil will adversely affect the district’s implementation of
20the voluntary or court-ordered plan.
21The bill further eliminates provisions directing the state
22board of education to adopt rules establishing definitions,
23guidelines, and a review process that school districts must
24follow when adopting a voluntary diversity plan and provisions
25requiring the department of education to provide technical
26assistance to school districts seeking to adopt a voluntary
27diversity plan.
28The bill also strikes obsolete language.
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