This text of Iowa § 279.82 (Intra-district enrollment) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.A parent or guardian of a student enrolled in a school district may enroll the student in
another attendance center within the same school district that offers classes at the student’s
grade level in the manner provided in this section if, as a result of viewing a recording created
byavideosurveillancesystemorareportfromaschooldistrictemployee,andconsistentwith
the requirements of the federal Family Educational Rights and Privacy Act, 20 U.S.C. §1232g,
and any regulations promulgated pursuant to that Act, the school district determines that any
§279.82, DIRECTORS — POWERS AND DUTIES 46
student enrolled in the school district has harassed or bullied the student. For purposes of
this subsection, “harassment” and “bullying” mean the same as defined in section 280.28. Free access — add to your briefcase to read the full text and ask questions with AI
1. A parent or guardian of a student enrolled in a school district may enroll the student in
another attendance center within the same school district that offers classes at the student’s
grade level in the manner provided in this section if, as a result of viewing a recording created
byavideosurveillancesystemorareportfromaschooldistrictemployee,andconsistentwith
the requirements of the federal Family Educational Rights and Privacy Act, 20 U.S.C. §1232g,
and any regulations promulgated pursuant to that Act, the school district determines that any
§279.82, DIRECTORS — POWERS AND DUTIES 46
student enrolled in the school district has harassed or bullied the student. For purposes of
this subsection, “harassment” and “bullying” mean the same as defined in section 280.28.
2. a. A parent or guardian shall send notification to the school district, on forms
prescribed by the department of education, that the parent or guardian intends to enroll the
student in another attendance center within the same school district that offers classes at
the student’s grade level.
b. Theschooldistrictshallenrollthestudentinanotherattendancecenterwithinthesame
school district unless the attendance center has insufficient classroom space for the student.
If the request is granted, the school district shall transmit a copy of the form to the parent
or guardian within five days after the school district’s action. The parent or guardian may
withdraw the request at any time prior to the school district’s action on the request. A denial
of a request by the school district may be appealed to the board of directors of the school
district.
c. The board of directors of each school district shall adopt a policy that defines the term
“insufficient classroom space” for that district.
3. A request under this section is for a period of not less than one year. A student who
attendsschoolinanotherattendancecenterpursuanttothissectionmayreturntotheoriginal
attendance center and enroll at any time, once the parent or guardian has notified the school
district in writing of the decision to enroll the student in the original attendance center.
4. If a request filed under this section is for a student requiring special education under
chapter 256B, the request to transfer to another attendance center shall only be granted if all
of the following conditions are met:
a. The attendance center maintains a special education instructional program that is
appropriate to meet the student’s educational needs and the enrollment of the student
in the attendance center would not cause the size of the class or caseload in that special
education instructional program in the attendance center to exceed the maximum class size
or caseload established pursuant to rules adopted by the state board of education.
b. If the student would be assigned to a general education class, there is sufficient
classroom space for the general education class to which the student would be assigned.
5. If a student, for whom a request to transfer has been filed with the school district,
has been suspended or expelled in the school district, the student shall not be permitted to
transferuntilthestudenthasbeenreinstated. Oncethestudenthasbeenreinstated, however,
the student shall be permitted to transfer in the same manner as if the student had not been
suspended or expelled. If a student, for whom a request to transfer has been filed with a
school district, is expelled in the school district, the student shall be permitted to transfer
under this section if the student applies for and is reinstated. However, if the student applies
for reinstatement but is not reinstated in the school district, the school district may deny
the request to transfer. The decision of the school district may be appealed to the board of
directors of the school district.
6. A student who is enrolled in another attendance center within the same school district
pursuant to this section is eligible to participate immediately in varsity interscholastic athletic
contests and athletic competitions as a member of a team from the receiving attendance
center.
7. This section shall not be construed to prohibit a school district from allowing the
parent or guardian of a student enrolled in the school district to enroll the student in another
attendance center within the same school district that offers classes at the student’s grade
level pursuant to a policy adopted by the board of directors of the school district that allows
for transfers for reasons in addition to those allowed pursuant to this section.
8. The state board of education shall adopt rules pursuant to chapter 17A to administer
this section.