House File 2491 - Introduced HOUSE FILE BY PAULSEN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to funding for special education services for 2 children living in foster care or shelter care facilities or a 3 juvenile detention home. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5754YH 82 6 kh/sc/8 PAG LIN 1 1 Section 1. Section 282.30, subsection 2, Code 2007, is 1 2 amended to read as follows: 1 3 2. The area education agency where the child is living, 1 4 the school district of residence, the school district where 1 5 the child is living, the other appropriate area education 1 6 agency or agencies, and other appropriate agencies involved 1 7 with the care or placement of the child shall cooperatewith 1 8 the school district where the child is livingin sharing 1 9 educational information, textbooks, curriculum, assignments, 1 10 and materials in order to plan and to provide for the 1 11 appropriate education of the child living in such facility 1 12 specified in subsection 1. 1 13 Sec. 2. Section 282.31, subsection 2, paragraph a, Code 1 14 Supplement 2007, is amended to read as follows: 1 15 a. The actual special education instructional costs 1 16 incurred for a child who lives in a facility pursuant to 1 17 section 282.19 or for a child who is placed in a facility or 1 18 home pursuant to section 282.29, who requires special 1 19 education and who is not enrolled in the educational program 1 20 of the district of residence of the child but who receives an 1 21 educational program from thedistrict in which the facility or 1 22 home is locatedfacility or home in which the child is living, 1 23 shall be paid by the district of residence of the child to the 1 24district in which the facility or home is locateddepartment 1 25 of human services, and the costs shall include the cost of 1 26 transportation. 1 27 Sec. 3. Section 282.31, subsections 3 and 5, Code 1 28 Supplement 2007, are amended to read as follows: 1 29 3. The actual special education instructional costs, 1 30 including transportation, for a child who requires special 1 31 education shall be paid by the department of administrative 1 32 services to theschool district in which the facility or home 1 33 is locateddepartment of human services, only when a district 1 34 of residence cannot be determined, and the child was not 1 35 included in the weighted enrollment of any district pursuant 2 1 to section 256B.9, and the payment pursuant to subsection 2, 2 2 paragraph "a", was not made by any district. Thedistrict2 3 department of human services, in consultation with the area 2 4 education agency, shall submit a proposed program and budget 2 5 to the department of education by January 1 for the next 2 6 succeeding school year. The department of education shall 2 7 review and approve or modify the program and proposed budget 2 8 and shall notify thedistrictdepartment of human services by 2 9 February 1. Thedistrictdepartment of human services shall 2 10 submit a claim by August 1 following the school year for the 2 11 actual cost of the program. The department of education shall 2 12 review and approve or modify the claim and shall notify the 2 13 department of administrative services of the approved claim 2 14 amount by September 1. The total amount of the approved claim 2 15 shall be paid by the department of administrative services to 2 16 theschool districtdepartment of human services by October 1. 2 17 The total amount paid by the department of administrative 2 18 services shall be deducted monthly from the state foundation 2 19 aid paid under section 257.16 to all school districts in the 2 20 state during the subsequent fiscal year. The portion of the 2 21 total amount of the approved claims that shall be deducted 2 22 from the state aid of a school district shall be the same as 2 23 the ratio that the budget enrollment for the budget year of 2 24 the school district bears to the total budget enrollment in 2 25 the state for the budget year in which the deduction is made. 2 26 The department of administrative services shall transfer the 2 27 total amount of the approved claims from moneys appropriated 2 28 under section 257.16 for payment to theschool district2 29 department of human services. 2 30 5. Programs may be provided during the summer and funded 2 31 under this section if the school district or department of 2 32 human services, as appropriate, or area education agency 2 33 determines a valid educational reason to do so. 2 34 EXPLANATION 2 35 This bill directs the school district of residence of a 3 1 child who is living in a foster care or shelter care facility 3 2 or a juvenile detention home to pay the department of human 3 3 services, rather than the school district in which the 3 4 facility or home where the child is living is located as is 3 5 currently required, the actual special education instructional 3 6 costs incurred for the child. 3 7 The department of human services, rather than the district 3 8 in which the facility or home is located, must, after 3 9 consultation with the area education agency, submit a proposed 3 10 program and budget to the department of education by January 1 3 11 for the next succeeding school year. The department of 3 12 education must review and approve or modify the program and 3 13 proposed budget and notify the department of human services by 3 14 February 1. The bill makes the department of human services 3 15 responsible for submitting a claim, which the department of 3 16 education also must review and approve or modify. Once 3 17 notified by the department of education of the amount of the 3 18 claim approved, the department of administrative services 3 19 makes payment to the department of human services. 3 20 The bill directs the area education agency where the child 3 21 is living, the school district of residence, the school 3 22 district where the child is living, the other appropriate area 3 23 education agency or agencies, and other appropriate agencies 3 24 involved with the care or placement of the child to cooperate 3 25 with the institution in which the child is living in sharing 3 26 educational information, textbooks, curriculum, assignments, 3 27 and materials in order to plan and to provide for the 3 28 appropriate education of the child living in such facility. 3 29 Currently, all of these entities except the institution are 3 30 required to cooperate with the school district in which the 3 31 facility or home is located. 3 32 The bill permits education programs to be provided during 3 33 the summer and funded if the school district or department of 3 34 human services, as appropriate, or area education agency 3 35 determines a valid educational reason to do so. 4 1 LSB 5754YH 82 4 2 kh/sc/8