S.F. 294 Section 1. Section 282.27, Code 2015, is amended to read as 1 follows: 2 282.27 Children living in psychiatric hospitals or 3 institutions —— payment. 4 1. The public school district in which is located a 5 psychiatric unit of a hospital licensed under chapter 135B or 6 a psychiatric medical institution for children licensed under 7 chapter 135H , which is not operated by the state, is located 8 shall be responsible for the provision of educational services 9 to children residing in the unit or institution. Children 10 residing in the unit or institution shall be included in the 11 basic enrollment of their districts of residence, as defined in 12 section 282.31, subsection 4 . 13 2. The board of directors of each district of residence 14 shall pay to the school district in which such psychiatric unit 15 or institution is located such psychiatric unit or institution , 16 for the provision of educational services to the child, a 17 portion of the district of residence’s district cost per pupil 18 tuition rate prescribed by section 282.24 for students residing 19 within another school district for each of such children who 20 does not require special education, based upon the proportion 21 that the time each child is provided educational services while 22 in such unit or institution is to the total time for which 23 the child is provided educational services during a normal 24 school year. The actual special education instructional costs 25 incurred for a child who resides in the unit or institution 26 shall be paid by the district of residence of the child to the 27 district in which the unit or institution is located. 28 3. Notwithstanding section 282.24, if a child for whom all 29 of the following applies is placed in the psychiatric unit 30 or institution, the district of residence may use amounts 31 received as supplementary weighting pursuant to section 257.11, 32 subsection 4, to pay the instructional costs necessary to 33 address the child’s behavior during instructional time when 34 those services are not otherwise provided to students who do 35 -1- LSB 1120SV (2) 86 je/sc 1/ 4

S.F. 294 not require special education and the costs exceed the costs 1 of instruction of pupils in a regular curriculum and the costs 2 exceed the maximum tuition rate prescribed by section 282.24: 3 a. The child does not require special education. 4 b. The child is not placed by the department of human 5 services or a court in a day program treatment program in such 6 psychiatric unit or institution. 7 c. The board of directors of the district of residence has 8 determined that the child is likely to inflict self-harm or 9 likely to harm another student. 10 4. Notwithstanding section 282.24, if a child for whom 11 all of the following applies is placed in the psychiatric 12 unit or institution, the district of residence may use the 13 funding for programs for returning dropouts and dropout 14 prevention calculated pursuant to section 257.41, to pay the 15 instructional costs necessary to address the child’s behavior 16 during instructional time when those services are not otherwise 17 provided to students who do not require special education 18 and the costs exceed the costs of instruction of pupils in 19 a regular curriculum, the costs exceed the maximum tuition 20 rate prescribed by section 282.24, and the child meets the 21 definition of a returning dropout or potential dropout in 22 section 257.39: 23 a. The child does not require special education. 24 b. The child is not placed by the department of human 25 services or a court in a day program treatment program in such 26 psychiatric unit or institution. 27 c. The board of directors of the district of residence has 28 determined that the child is likely to inflict self-harm or 29 likely to harm another student. 30 5. Notwithstanding section 282.31, subsection 1, paragraph 31 “b” , subparagraph (1), if a child placed in the psychiatric 32 unit or institution was not enrolled in the educational program 33 of the district of residence of the child on October 1 of the 34 current school year, the district of residence may include that 35 -2- LSB 1120SV (2) 86 je/sc 2/ 4

S.F. 294 student in a claim submitted to the department of education 1 pursuant to section 282.31, subsection 1, paragraph “b” , 2 subparagraph (2). 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 Current law provides that the school district in which 7 a psychiatric unit of a licensed hospital or a licensed 8 psychiatric medical institution for children, not operated by 9 the state, is located shall be responsible for the provision 10 of educational services to children residing in the unit or 11 institution. The district of residence is required pay to the 12 school district in which the psychiatric unit or institution 13 is located a portion of the district of residence’s district 14 cost per pupil for each child based upon the proportion of the 15 time each child is provided educational services while in the 16 unit or institution to the total time for which the child is 17 provided educational services during a normal school year. 18 This bill provides that the required payment shall be 19 calculated based on the tuition rate prescribed by Code section 20 282.24 for students residing within another school district, 21 instead of the district of residence’s district cost per 22 pupil. Code section 282.24 provides that the maximum tuition 23 fee that may be charged for students residing within another 24 school district is the district cost per pupil of the receiving 25 district. The bill also provides that the actual special 26 education instructional costs incurred for a child who resides 27 in a unit or institution shall be paid by the district of 28 residence of the child to the district in which the unit or 29 institution is located, rather than the required tuition rate 30 amount. 31 The bill provides that, notwithstanding Code section 32 282.24, if a child, who is not placed by the department of 33 human services or a court in a day program treatment program 34 in such psychiatric unit or institution, and who the board of 35 -3- LSB 1120SV (2) 86 je/sc 3/ 4

S.F. 294 directors of the district of residence has determined is likely 1 to inflict harm on themselves or other students, is placed in 2 the psychiatric unit or institution, the district of residence 3 may use amounts received as supplementary weighting pursuant 4 to Code section 257.11, subsection 4, (at-risk programs and 5 alternative schools) to pay the instructional costs necessary 6 to address the child’s behavior during instructional time when 7 those services are not otherwise provided to students who do 8 not require special education and the costs exceed the costs 9 of instruction of pupils in a regular curriculum and the costs 10 exceed the maximum tuition rate prescribed by Code section 11 282.24. 12 The bill provides that if such a child meets the definition 13 of returning dropout or potential dropout in Code section 14 257.39, the district of residence may also use the funding 15 for programs for returning dropouts and dropout prevention to 16 pay the instructional costs necessary to address the child’s 17 behavior during instructional time when those services are 18 not otherwise provided to students who do not require special 19 education and the costs exceed the costs of instruction of 20 pupils in a regular curriculum and the costs exceed the maximum 21 tuition rate prescribed by Code section 282.24. 22 The bill provides that, notwithstanding Code section 23 282.31, subsection 1, paragraph “b”, subparagraph (1), if a 24 child placed in the psychiatric unit or institution was not 25 enrolled in the educational program of the child’s district of 26 residence on October 1 of the current school year, the district 27 of residence may include that student in a claim submitted 28 to the department of education pursuant to Code section 29 282.31, subsection 1, paragraph “b”, subparagraph (2), in the 30 same manner as provided for certain children in foster care 31 facilities. 32 -4- LSB 1120SV (2) 86 je/sc 4/ 4