HF 720 (LSB 1674HV (4) 88)

HOUSE FILE 720

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO HF 445)

A BILL FOR

An Act relating to education funding weighting for children living in certain facilities and including effective date provisions. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 282.31, subsection 1, paragraph b, Code 2019, is amended to read as follows:
   b.  (1)  A child who lives in a facility or other placement pursuant to section 282.19, and who does not require special education and who is enrolled in the educational program of the district of residence at the time the child is placed, shall be included in the basic enrollment of the school district in which the child is enrolled. A child who lives in a facility or other placement pursuant to section 282.19, and who does not require special education and who is not enrolled in the educational program of the district of residence of the child, shall be included in the basic enrollment of the school district in which the facility or other placement is located.  However, for school budget years beginning on or after July 1, 2019, if a child under this paragraph “b”, is living in an agency child care facility, as provided in section 282.19, subsection 2, and, following a juvenile court or agency determination under section 282.19, subsection 2, the child is enrolled in the school district where the facility or placement is located, the child shall be assigned a weighting equal to the weighting established in section 256B.9, subsection 1, paragraph “b”, as if the child required special education. 
   (2)  However, on June 30 of a school year, if the board of directors of a school district determines that the number of children under this paragraph “b” who were counted in the basic enrollment of the school district in that school year in accordance with section 257.6, subsection 1, is fewer than the sum of the number of months all children were enrolled in the school district under this paragraph “b” during the school year divided by nine, the secretary of the school district may submit a claim to the department of education by August 1 following the school year for an amount equal to the district cost per pupil of the district for the previous school year, including any amount attributable to weighting assigned under subparagraph (1), multiplied by the difference between the number of children counted and the number of children calculated by the number of months of enrollment. The amount of the claim shall be paid by the department of administrative services to the school district by October 1. The department of administrative services shall transfer the total amount of the approved claim of a school district from the moneys appropriated under section 257.16 and the amount paid shall be deducted monthly from the state foundation aid paid to all school districts in the state during the remainder of the subsequent fiscal year in the manner provided in paragraph “a”.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current Code section 282.31 provides that a child who lives in certain residential or foster care facilities or placements pursuant to Code section 282.19, and who does not require special education and who is enrolled in the educational program of the district of residence at the time the child is placed, is included in the basic enrollment of the school district in which the child is enrolled. Additionally, such a child who is not enrolled in the educational program of the district of residence of the child is included in the basic enrollment of the school district in which the facility or other placement is located. 
   This bill provides that for school budget years beginning on or after July 1, 2019, if such a child is living in an agency child foster care facility and if the juvenile court or responsible agency has determined that remaining in the child’s prior school is not in the best interest of the child, the child shall be assigned a weighting equal to the weighting established in Code section 256B.9(1)(b), as if the child required special education.
   The bill takes effect upon enactment.