Bill Text: IA HSB64 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to voluntary diversity plans under the state's open enrollment law.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-01-27 - Committee report approving bill, renumbered as HF 228. [HSB64 Detail]
Download: Iowa-2021-HSB64-Introduced.html
House
Study
Bill
64
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
HITE)
A
BILL
FOR
An
Act
relating
to
voluntary
diversity
plans
under
the
state’s
1
open
enrollment
law.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
256F.4,
subsection
2,
paragraph
a,
1
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
2
follows:
3
Meet
all
applicable
federal,
state,
and
local
health
and
4
safety
requirements
and
laws
prohibiting
discrimination
on
5
the
basis
of
race,
creed,
color,
sex,
sexual
orientation,
6
gender
identity,
national
origin,
religion,
ancestry,
or
7
disability.
A
charter
school
or
innovation
zone
school
shall
8
be
located
within
the
boundaries
of
a
school
district
subject
9
to
any
court-ordered
desegregation
plan
in
effect
for
the
10
school
district
at
the
time
the
charter
school
or
innovation
11
zone
school
application
is
approved
shall
be
subject
to
the
12
desegregation
order
unless
otherwise
specifically
provided
for
13
in
the
desegregation
order
.
14
Sec.
2.
Section
282.18,
subsections
3
and
6,
Code
2021,
are
15
amended
to
read
as
follows:
16
3.
a.
The
superintendent
of
a
district
subject
to
a
17
voluntary
diversity
or
court-ordered
desegregation
plan,
as
18
recognized
by
rule
of
the
state
board
of
education,
may
deny
a
19
request
for
transfer
under
this
section
if
the
superintendent
20
finds
that
enrollment
or
release
of
a
pupil
will
adversely
21
affect
the
district’s
implementation
of
the
desegregation
22
order
or
diversity
plan
,
unless
the
transfer
is
requested
23
by
a
pupil
whose
sibling
is
already
participating
in
open
24
enrollment
to
another
district,
or
unless
the
request
for
25
transfer
is
submitted
to
the
district
in
a
timely
manner
as
26
required
under
subsection
2
prior
to
implementation
of
the
27
adoption
of
a
desegregation
plan
order
by
the
district.
If
a
28
transfer
request
would
facilitate
implementation
of
a
voluntary
29
diversity
or
court-ordered
desegregation
plan
order
,
the
30
district
shall
give
priority
to
granting
the
request
over
other
31
requests.
32
b.
A
parent
or
guardian
,
whose
request
has
been
denied
33
because
of
the
district’s
implementation
of
a
the
desegregation
34
order
or
diversity
plan,
may
appeal
the
decision
of
the
35
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superintendent
to
the
board
of
the
district
in
which
the
1
request
was
denied.
The
board
may
either
uphold
or
overturn
2
the
superintendent’s
decision.
A
decision
of
the
board
3
to
uphold
the
denial
of
the
request
is
subject
to
appeal
4
to
the
district
court
in
the
county
in
which
the
primary
5
business
office
of
the
district
is
located.
The
state
board
6
of
education
shall
adopt
rules
establishing
definitions,
7
guidelines,
and
a
review
process
for
school
districts
that
8
adopt
voluntary
diversity
plans.
The
guidelines
shall
include
9
criteria
and
standards
that
school
districts
must
follow
10
when
developing
a
voluntary
diversity
plan.
The
department
11
of
education
shall
provide
technical
assistance
to
a
school
12
district
that
is
seeking
to
adopt
a
voluntary
diversity
plan.
13
A
school
district
implementing
a
voluntary
diversity
plan
prior
14
to
July
1,
2008,
shall
have
until
July
1,
2009,
to
comply
with
15
guidelines
adopted
by
the
state
board
pursuant
to
this
section
.
16
c.
The
board
of
directors
of
a
school
district
subject
17
to
voluntary
diversity
or
court-ordered
desegregation
shall
18
develop
a
policy
for
implementation
of
open
enrollment
in
19
the
district.
The
policy
shall
contain
objective
criteria
20
for
determining
when
a
request
would
adversely
impact
the
21
desegregation
order
or
voluntary
diversity
plan
and
criteria
22
for
prioritizing
requests
that
do
not
have
an
adverse
impact
on
23
the
order
or
plan
.
24
6.
A
request
under
this
section
is
for
a
period
of
not
less
25
than
one
year.
If
the
request
is
for
more
than
one
year
and
26
the
parent
or
guardian
desires
to
have
the
pupil
enroll
in
a
27
different
district,
the
parent
or
guardian
may
petition
the
28
current
receiving
district
by
March
1
of
the
previous
school
29
year
for
permission
to
enroll
the
pupil
in
a
different
district
30
for
a
period
of
not
less
than
one
year.
Upon
receipt
of
such
a
31
request,
the
current
receiving
district
board
may
act
on
the
32
request
to
transfer
to
the
other
school
district
at
the
next
33
regularly
scheduled
board
meeting
after
the
receipt
of
the
34
request.
The
new
receiving
district
shall
enroll
the
pupil
in
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a
school
in
the
district
unless
there
is
insufficient
classroom
1
space
in
the
district
or
unless
the
district
is
subject
to
2
court-ordered
desegregation
and
enrollment
of
the
pupil
would
3
adversely
affect
the
court-ordered
or
voluntary
implementation
4
of
the
desegregation
plan
of
the
district
order
.
A
denial
of
5
a
request
to
change
district
enrollment
within
the
approved
6
period
is
not
subject
to
appeal.
However,
a
pupil
who
has
been
7
in
attendance
in
another
district
under
this
section
may
return
8
to
the
district
of
residence
and
enroll
at
any
time,
once
the
9
parent
or
guardian
has
notified
the
district
of
residence
and
10
the
receiving
district
in
writing
of
the
decision
to
enroll
the
11
pupil
in
the
district
of
residence.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
eliminates
implementation
of
a
voluntary
diversity
16
plan
as
a
reason
to
deny
open
enrollment
of
a
pupil.
17
Under
current
law,
a
school
district
subject
to
a
voluntary
18
diversity
plan
or
court-ordered
desegregation
may
deny
a
19
request
for
open
enrollment
of
a
pupil
from
one
district
to
20
another
if
the
superintendent
finds
that
the
enrollment
or
21
release
of
the
pupil
will
adversely
affect
the
district’s
22
implementation
of
the
voluntary
diversity
plan
or
court-ordered
23
desegregation.
24
The
bill
further
eliminates
provisions
directing
the
state
25
board
of
education
to
adopt
rules
establishing
definitions,
26
guidelines,
and
a
review
process
that
school
districts
must
27
follow
when
adopting
a
voluntary
diversity
plan
and
provisions
28
requiring
the
department
of
education
to
provide
technical
29
assistance
to
school
districts
seeking
to
adopt
a
voluntary
30
diversity
plan.
31
The
bill
makes
conforming
changes
and
strikes
obsolete
32
language.
33
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