Bill Text: IA HF228 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to voluntary diversity plans under the state's open enrollment law and including effective date provisions. (Formerly HSB 64.) Effective date: 05/10/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-05-10 - Signed by Governor. H.J. 1098. [HF228 Detail]
Download: Iowa-2021-HF228-Enrolled.html
House
File
228
-
Enrolled
House
File
228
AN
ACT
RELATING
TO
VOLUNTARY
DIVERSITY
PLANS
UNDER
THE
STATE’S
OPEN
ENROLLMENT
LAW
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
256F.4,
subsection
2,
paragraph
a,
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
Meet
all
applicable
federal,
state,
and
local
health
and
safety
requirements
and
laws
prohibiting
discrimination
on
the
basis
of
race,
creed,
color,
sex,
sexual
orientation,
gender
identity,
national
origin,
religion,
ancestry,
or
disability.
A
charter
school
or
innovation
zone
school
shall
be
located
within
the
boundaries
of
a
school
district
subject
to
any
court-ordered
desegregation
plan
in
effect
for
the
school
district
at
the
time
the
charter
school
or
innovation
zone
school
application
is
approved
shall
be
subject
to
the
desegregation
order
unless
otherwise
specifically
provided
for
in
the
desegregation
order
.
House
File
228,
p.
2
Sec.
2.
Section
282.18,
subsections
3
and
6,
Code
2021,
are
amended
to
read
as
follows:
3.
a.
The
superintendent
of
a
district
subject
to
a
voluntary
diversity
or
court-ordered
desegregation
plan,
as
recognized
by
rule
of
the
state
board
of
education,
may
deny
a
request
for
transfer
under
this
section
if
the
superintendent
finds
that
enrollment
or
release
of
a
pupil
will
adversely
affect
the
district’s
implementation
of
the
desegregation
order
or
diversity
plan
,
unless
the
transfer
is
requested
by
a
pupil
whose
sibling
is
already
participating
in
open
enrollment
to
another
district,
or
unless
the
request
for
transfer
is
submitted
to
the
district
in
a
timely
manner
as
required
under
subsection
2
prior
to
implementation
of
the
adoption
of
a
desegregation
plan
order
by
the
district.
If
a
transfer
request
would
facilitate
implementation
of
a
voluntary
diversity
or
court-ordered
desegregation
plan
order
,
the
district
shall
give
priority
to
granting
the
request
over
other
requests.
b.
A
parent
or
guardian
,
whose
request
has
been
denied
because
of
the
district’s
implementation
of
a
the
desegregation
order
or
diversity
plan,
may
appeal
the
decision
of
the
superintendent
to
the
board
of
the
district
in
which
the
request
was
denied.
The
board
may
either
uphold
or
overturn
the
superintendent’s
decision.
A
decision
of
the
board
to
uphold
the
denial
of
the
request
is
subject
to
appeal
to
the
district
court
in
the
county
in
which
the
primary
business
office
of
the
district
is
located.
The
state
board
of
education
shall
adopt
rules
establishing
definitions,
guidelines,
and
a
review
process
for
school
districts
that
adopt
voluntary
diversity
plans.
The
guidelines
shall
include
criteria
and
standards
that
school
districts
must
follow
when
developing
a
voluntary
diversity
plan.
The
department
of
education
shall
provide
technical
assistance
to
a
school
district
that
is
seeking
to
adopt
a
voluntary
diversity
plan.
A
school
district
implementing
a
voluntary
diversity
plan
prior
to
July
1,
2008,
shall
have
until
July
1,
2009,
to
comply
with
guidelines
adopted
by
the
state
board
pursuant
to
this
section
.
c.
The
board
of
directors
of
a
school
district
subject
to
voluntary
diversity
or
court-ordered
desegregation
shall
House
File
228,
p.
3
develop
a
policy
for
implementation
of
open
enrollment
in
the
district.
The
policy
shall
contain
objective
criteria
for
determining
when
a
request
would
adversely
impact
the
desegregation
order
or
voluntary
diversity
plan
and
criteria
for
prioritizing
requests
that
do
not
have
an
adverse
impact
on
the
order
or
plan
.
6.
A
request
under
this
section
is
for
a
period
of
not
less
than
one
year.
If
the
request
is
for
more
than
one
year
and
the
parent
or
guardian
desires
to
have
the
pupil
enroll
in
a
different
district,
the
parent
or
guardian
may
petition
the
current
receiving
district
by
March
1
of
the
previous
school
year
for
permission
to
enroll
the
pupil
in
a
different
district
for
a
period
of
not
less
than
one
year.
Upon
receipt
of
such
a
request,
the
current
receiving
district
board
may
act
on
the
request
to
transfer
to
the
other
school
district
at
the
next
regularly
scheduled
board
meeting
after
the
receipt
of
the
request.
The
new
receiving
district
shall
enroll
the
pupil
in
a
school
in
the
district
unless
there
is
insufficient
classroom
space
in
the
district
or
unless
the
district
is
subject
to
court-ordered
desegregation
and
enrollment
of
the
pupil
would
adversely
affect
the
court-ordered
or
voluntary
implementation
of
the
desegregation
plan
of
the
district
order
.
A
denial
of
a
request
to
change
district
enrollment
within
the
approved
period
is
not
subject
to
appeal.
However,
a
pupil
who
has
been
in
attendance
in
another
district
under
this
section
may
return
to
the
district
of
residence
and
enroll
at
any
time,
once
the
parent
or
guardian
has
notified
the
district
of
residence
and
the
receiving
district
in
writing
of
the
decision
to
enroll
the
pupil
in
the
district
of
residence.
Sec.
3.
OPEN
ENROLLMENT
DEADLINE
FOR
THE
SCHOOL
YEAR
BEGINNING
JULY
1,
2021.
Notwithstanding
section
282.18,
the
March
1
deadlines
established
under
section
282.18
shall
not
apply
to
an
application
submitted
by
a
parent
or
guardian
for
purposes
of
enrolling
the
parent’s
or
guardian’s
child
in
a
school
district
for
the
school
year
beginning
July
1,
2021,
and
ending
June
30,
2022,
if
a
voluntary
diversity
plan
was
in
effect
in
the
school
district
of
residence
during
the
school
year
beginning
July
1,
2020,
and
ending
June
30,
2021.
House
File
228,
p.
4
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
228,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
