Iowa-2015-HF2264-Introduced
House File 2264 - Introduced
HOUSE FILE
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO HF 2101)
A BILL FOR
1 An Act concerning varsity athletics eligibility of students in
2 open enrollment subjected to harassment or bullying.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 282.18, subsection 11, Code 2016, is
1 2 amended to read as follows:
1 3 11. A pupil who participates in open enrollment for purposes
1 4 of attending a grade in grades nine through twelve in a school
1 5 district other than the district of residence is ineligible to
1 6 participate in varsity interscholastic athletic contests and
1 7 athletic competitions during the pupil's first ninety school
1 8 days of enrollment in the district except that the pupil may
1 9 participate immediately in a varsity interscholastic sport if
1 10 the pupil is entering grade nine for the first time and did
1 11 not participate in an interscholastic athletic competition for
1 12 another school or school district during the summer immediately
1 13 following eighth grade, if the district of residence and the
1 14 other school district jointly participate in the sport, if the
1 15 sport in which the pupil wishes to participate is not offered
1 16 in the district of residence, if the pupil chooses to use open
1 17 enrollment to attend school in another school district because
1 18 the district in which the student previously attended school
1 19 was dissolved and merged with one or more contiguous school
1 20 districts under section 256.11, subsection 12, if the pupil
1 21 participates in open enrollment because the pupil's district
1 22 of residence has entered into a whole grade sharing agreement
1 23 with another district for the pupil's grade, or if the parent
1 24 or guardian of the pupil participating in open enrollment is
1 25 an active member of the armed forces and resides in permanent
1 26 housing on government property provided by a branch of the
1 27 armed services, or if the district of residence determines
1 28 that the pupil was previously subject to a founded incident
1 29 of harassment or bullying as defined in section 280.28 while
1 30 attending school in the district of residence. A pupil who
1 31 has paid tuition and attended school, or has attended school
1 32 pursuant to a mutual agreement between the two districts,
1 33 in a district other than the pupil's district of residence
1 34 for at least one school year is also eligible to participate
1 35 immediately in interscholastic athletic contests and athletic
2 1 competitions under this section, but only as a member of a team
2 2 from the district that pupil had attended. For purposes of
2 3 this subsection, "school days of enrollment" does not include
2 4 enrollment in summer school. For purposes of this subsection,
2 5 "varsity" means the same as defined in section 256.46.
2 6 EXPLANATION
2 7 The inclusion of this explanation does not constitute agreement with
2 8 the explanation's substance by the members of the general assembly.
2 9 Current law provides that a high school student who
2 10 participates in open enrollment in a school district other
2 11 than the student's district of residence is ineligible to
2 12 participate in varsity interscholastic athletic contests and
2 13 athletic competitions during the student's first 90 school
2 14 days of enrollment in the district. However, a student may
2 15 participate immediately under various exceptions to that
2 16 requirement.
2 17 This bill adds an additional exception if a student's
2 18 district of residence determines that the student was
2 19 previously subject to a founded incident of harassment or
2 20 bullying while attending school in the district of residence.
2 21 The bill permits such students to participate in varsity
2 22 interscholastic athletic contests and athletic competitions
2 23 immediately upon open enrollment.
2 24 Under Code section 280.28, subsection 2, "harassment" and
2 25 "bullying" shall be construed to mean any electronic, written,
2 26 verbal, or physical act or conduct toward a student which is
2 27 based on any actual or perceived trait or characteristic of
2 28 the student and which creates an objectively hostile school
2 29 environment that meets one or more of certain conditions.
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