SF 2049 (LSB 5234XS (3) 85)

SENATE FILE 2049

BY  JOHNSON

A BILL FOR

An Act authorizing a school district to petition to join the nearest contiguous area education agency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 273.5, subsection 2, Code 2014, is amended to read as follows:
   2.  Insure Ensure that each child requiring special education in the area, or served by an area education agency pursuant to section 273.16, receives an appropriate special education program or service.
    Sec. 2.  NEW SECTION.  273.16  School district petition to join.
   1.  a.  The board of directors of a school district may submit, to the board of directors of the nearest area education agency that is contiguous to the area education agency in which the school district is located, a petition to join the contiguous area education agency. If the contiguous area education agency approves the petition, the contiguous area education agency shall submit the petition to the state board of education for approval. If the state board of education approves the petition, the state board shall provide notice of its approval to the department of education and the department of management, and the director of the department of education shall change the boundaries of affected area education agencies as necessary.
   b.  A school district may appeal to the state board the decision of an area education agency board to deny the school district’s petition.
   2.  Notwithstanding any provision of this chapter or chapter 256B to the contrary, if a school district’s petition is approved pursuant to subsection 1, the contiguous area education agency shall furnish educational services and programs as provided in sections 273.1 through 273.9 and chapter 256B to pupils enrolled in accredited nonpublic schools located within the school district’s boundaries.
   3.  A school district approved to join a contiguous area education agency pursuant to this section shall be eligible to petition to join another area education agency as provided in subsection 1 in not less than five years.
   4.  For purposes of this chapter and chapter 256B, a school district approved to join the nearest contiguous area education agency pursuant to this section shall thereafter be considered to be located within the boundaries of the contiguous area education agency unless and until the school district petitions to join another area education agency, as provided in subsection 3, and such petition is approved.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill enacts new Code section 273.16 authorizing a board of directors of a school district to petition to join the nearest area education agency (AEA) that is contiguous to the AEA within which the school district is currently located.
   If the contiguous AEA approves the petition, it must submit the petition to the state board of education for approval. If the state board of education approves the petition, the state board must provide notice of its approval to the department of education and the department of management, and the director of the department of education must change the boundaries of affected AEAs as necessary. A school district may appeal to the state board the decision of an AEA board to deny the school district’s petition.
   If a school district’s petition is approved, the contiguous AEA shall furnish educational services and programs as provided in Code sections 273.1 through 273.9, and Code chapter 256B to pupils enrolled in accredited nonpublic schools located within the school district’s boundaries. The bill directs the director of special education of each AEA to ensure that each child served by the area education agency pursuant to Code section 273.16 receives an appropriate special education program or service.
   A school district approved to join a contiguous AEA is eligible to petition to join another AEA, which must also be nearest and contiguous to the AEA in which the school district is located, in not less than five years.
   A school district approved to join a contiguous AEA shall be considered to be located in the contiguous AEA’s area and within its boundaries for purposes of the contiguous AEA’s powers and duties under Code chapters 256B and 273.