A bill for an act relating to the open enrollment of pupils who are truant or chronically absent, and including applicability provisions.(Formerly SF 2116 .)

Senate

File

2351

-

Introduced

SENATE

FILE

2351

BY

COMMITTEE

ON

EDUCATION

(SUCCESSOR

TO

SF

2116)

A

BILL

FOR

An

Act

relating

to

the

open

enrollment

of

pupils

who

are

1

truant

or

chronically

absent,

and

including

applicability

2

provisions.

3

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

4

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Section

1.

Section

282.18,

subsection

13,

Code

2026,

is

1

amended

to

read

as

follows:

2

13.

a.

If

a

pupil,

for

whom

a

request

to

transfer

has

3

been

filed

with

a

district,

has

been

suspended

or

expelled

in

4

the

district,

the

pupil

shall

not

be

permitted

to

transfer

5

until

the

pupil

has

been

reinstated

in

the

sending

district.

6

Once

the

pupil

has

been

reinstated,

however,

the

pupil

shall

7

be

permitted

to

transfer

in

the

same

manner

as

if

the

pupil

8

had

not

been

suspended

or

expelled

by

the

sending

district.

9

If

a

pupil,

for

whom

a

request

to

transfer

has

been

filed

10

with

a

district,

is

expelled

in

the

district,

the

pupil

11

shall

be

permitted

to

transfer

to

a

receiving

district

under

12

this

section

if

the

pupil

applies

for

and

is

reinstated

in

13

the

sending

district.

However,

if

the

pupil

applies

for

14

reinstatement

but

is

not

reinstated

in

the

sending

district,

15

the

receiving

district

may

deny

the

request

to

transfer.

The

16

decision

of

the

receiving

district

is

not

subject

to

appeal.

17

b.

(1)

If

a

pupil,

for

whom

a

request

to

transfer

has

been

18

filed

with

a

district,

is

chronically

absent

as

defined

in

19

section

299.12,

participating

in

a

school

engagement

meeting

20

under

section

299.12,

subsection

3,

or

currently

a

party

to

21

an

absenteeism

prevention

plan

entered

into

under

section

22

299.12,

subsection

3,

the

pupil

shall

not

be

permitted

to

23

transfer

until

the

pupil

is

no

longer

chronically

absent,

no

24

longer

participating

in

the

school

engagement

meeting,

or

no

25

longer

a

party

to

the

absenteeism

prevention

plan.

Once

the

26

pupil

is

no

longer

chronically

absent,

no

longer

participating

27

in

the

school

engagement

meeting,

and

no

longer

a

party

to

28

an

absenteeism

prevention

plan,

the

pupil

shall

be

permitted

29

to

transfer

in

the

same

manner

as

if

the

pupil

had

not

been

30

chronically

absent,

participating

in

a

school

engagement

31

meeting,

or

a

party

to

an

absenteeism

prevention

plan.

32

(2)

Notwithstanding

subparagraph

(1),

a

pupil

who

is

33

chronically

absent

as

defined

in

section

299.12,

participating

34

in

a

school

engagement

meeting

under

section

299.12,

subsection

35

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3,

or

currently

a

party

to

an

absenteeism

prevention

plan

1

entered

into

under

section

299.12,

subsection

3,

and

for

whom

2

a

request

to

transfer

has

been

filed

with

a

district,

may

be

3

permitted

to

transfer

if

the

receiving

district

approves

the

4

request

to

transfer.

5

Sec.

2.

APPLICABILITY.

This

Act

applies

to

applications

6

and

notifications

related

to

open

enrollment

submitted

under

7

section

282.18

on

or

after

the

effective

date

of

this

Act.

8

EXPLANATION

9

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

10

the

explanation’s

substance

by

the

members

of

the

general

assembly.

11

This

bill

relates

to

the

open

enrollment

of

pupils

who

are

12

truant

or

chronically

absent.

13

The

bill

provides

that

if

a

pupil,

for

whom

a

request

to

14

open

enroll

has

been

filed

with

a

district,

is

chronically

15

absent

as

defined

in

Code

section

299.12

(failure

to

attend),

16

participating

in

a

school

engagement

meeting

under

Code

section

17

299.12,

or

currently

a

party

to

an

absenteeism

prevention

plan

18

entered

into

under

Code

section

299.12,

the

pupil

is

prohibited

19

from

transferring

until

the

pupil

is

no

longer

chronically

20

absent,

participating

in

the

school

engagement

meeting,

or

a

21

party

to

the

absenteeism

prevention

plan;

provided,

however,

22

that

the

bill

authorizes

such

a

pupil

to

transfer

if

the

23

receiving

district

approves

the

request

to

transfer.

Once

the

24

pupil

is

no

longer

chronically

absent,

no

longer

participating

25

in

the

school

engagement

meeting,

and

no

longer

a

party

to

26

an

absenteeism

prevention

plan,

the

pupil

is

permitted

to

27

transfer.

Current

Code

section

282.18(16)

provides

that

an

28

application

for

open

enrollment

may

be

granted

at

any

time

29

with

approval

of

the

resident

and

receiving

districts.

The

30

bill

does

not

modify

this

provision.

The

bill

applies

to

open

31

enrollment

applications

and

notifications

that

are

submitted

on

32

or

after

the

effective

date

of

the

bill.

33

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