Text: HF00495 Text: HF00497 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 257.35, Code 1997, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 257.35 CONTRACTS FOR SERVICES. 1 5 For the budget year beginning July 1, 1998, notwithstanding 1 6 any other provision to the contrary, the amounts calculated by 1 7 the department of management for special education support 1 8 services, media services, and educational services for each 1 9 school district shall be paid directly to the school district. 1 10 A school district may contract with one or more area education 1 11 agencies for a portion or all of the district's special 1 12 education support services, media services, and educational 1 13 services needs for the budget year. Alternatively, pursuant 1 14 to section 28E.12, a school district may contract with one or 1 15 more independent agencies not associated with an area 1 16 education agency for the partial or complete furnishing of any 1 17 service or activity which the district could have contracted 1 18 with an area education agency to provide for the budget year. 1 19 Amounts paid by the department of management for each of 1 20 these divisions to a school district shall be expended by the 1 21 district only for such services. A school district shall not 1 22 be authorized to utilize the amounts for any other purpose. 1 23 However, nothing in this section shall be construed to 1 24 impact the utilization of an area education agency in 1 25 administering federally funded health care programs pursuant 1 26 to section 256B.15, or in identifying, weighting, and 1 27 providing special education enrollment counts pursuant to 1 28 section 273.5. Districts shall contract with an area 1 29 education agency for provision of these services. 1 30 Sec. 2. Section 257.36, Code 1997, is amended to read as 1 31 follows: 1 32 257.36 SPECIAL EDUCATION SUPPORT SERVICES BALANCES. 1 33 Notwithstanding chapters 256B and 273 and sections of this 1 34 chapter relating to the moneys availableto area education1 35agenciesfor special education support services, for each 2 1 school year, the department of education may direct the 2 2 department of management to deduct amounts from the portions 2 3 of school district budgets that fund special education support 2 4 servicesin an area education agency. The total amount 2 5 deductedin an areashall be based upon excess special 2 6 education support services unreserved and undesignated fund 2 7 balances in thatarea education agencyschool district for a 2 8 school year as determined by the department of education.The2 9department of management shall determine the amount deducted2 10from each school district in an area education agency on a2 11proportional basis.The department of management shall 2 12 determine from the amounts deducted from the portions of 2 13 school district budgets that fundarea education agency2 14 special education support services the amount that would have 2 15 been local property taxes and the amount that would have been 2 16 state aid and for the next following budget year shall 2 17 increase the district's total state school aid available under 2 18 this chapter forarea education agencyspecial education 2 19 support services and reduce the district's property tax levy 2 20 forarea education agencyspecial education support services 2 21 by the amount necessary for the property tax portion of the 2 22 deductions made under this section during the budget year. 2 23 The amount deducted from a school district's budget shall 2 24 not affect the calculation of the state cost per pupil or its 2 25 district cost per pupil in that school year or a subsequent 2 26 year. 2 27 Sec. 3. Section 257.37, Code 1997, is amended to read as 2 28 follows: 2 29 257.37 FUNDING MEDIA AND EDUCATIONAL SERVICES. 2 30 Media services and educational servicesprovided through2 31the area education agenciesshall be funded, to the extent 2 32 provided, by an addition to the combined district cost of each 2 33 school district, determined as follows: 2 34 1. For the budget year beginning July 1, 1991, and 2 35 succeeding budget years, the total amount funded in each area 3 1 for media services shall be computed as provided in this 3 2 subsection. For the budget year beginning July 1, 1991, the 3 3 total amount funded in each area for media services in the 3 4 base year, including the cost for media resource material 3 5 which shallonlybe used only for the purchase or replacement 3 6 of material required in section 273.6, subsection 1, 3 7 paragraphs "a", "b", and "c", and shall be divided by the 3 8 enrollment served in the base year to provide an area media 3 9 services cost per pupil in the base year, and the. The 3 10 department of management shall compute the state media 3 11 services cost per pupil in the base year which is equal to the 3 12 average of the area media services costs per pupil in the base 3 13 year. For the budget year beginning July 1, 1991, and 3 14 succeeding budget years, the department of management shall 3 15 compute the allowable growth for media services in the budget 3 16 year by multiplying the state media services cost per pupil in 3 17 the base year times the state percent of growth for the budget 3 18 year, and the total amount funded in each area for media 3 19 services cost in the budget year equals the area media 3 20 services cost per pupil in the base year plus the allowable 3 21 growth for media services in the budget year times the 3 22 enrollment served in the budget year.FundsBeginning July 1, 3 23 1998, funds shall be paid toarea education agenciesschool 3 24 districts as provided in section 257.35. 3 25 2. Thirty percent of the budget ofan areaa school 3 26 district for media services shall be expended for media 3 27 resource material which shallonlybe used only for the 3 28 purchase or replacement of material required in section 273.6, 3 29 subsection 1.FundsBeginning July 1, 1998, funds shall be 3 30 paid toarea education agenciesschool districts as provided 3 31 in section 257.35. 3 32 3. For the budget year beginning July 1, 1991, and 3 33 succeeding budget years, the total amount funded in each area 3 34 for educational services shall be computed as provided in this 3 35 subsection. For the budget year beginning July 1, 1991, the 4 1 total amount funded in each area for educational services in 4 2 the base year shall be divided by the enrollment served in the 4 3 area in the base year to provide an area educational services 4 4 cost per pupil in the base year, and the. The department of 4 5 management shall compute the state educational services cost 4 6 per pupil in the base year, which is equal to the average of 4 7 the area educational services costs per pupil in the base 4 8 year. For the budget year beginning July 1, 1991, and 4 9 succeeding budget years, the department of management shall 4 10 compute the allowable growth for educational services by 4 11 multiplying the state educational services cost per pupil in 4 12 the base year times the state percent of growth for the budget 4 13 year, and the total amount funded in each area for educational 4 14 services for the budget year equals the area educational 4 15 services cost per pupil for the base year plus the allowable 4 16 growth for educational services in the budget year times the 4 17 enrollment served in the area in the budget year.Funds4 18 Beginning July 1, 1998, funds shall be paid toarea education4 19agenciesschool districts as provided in section 257.35. 4 20 4. "Enrollment served" means the basic enrollment plus the 4 21 number of nonpublic school pupils served in each school 4 22 district with media services or educational services, as 4 23 applicable, except that if a nonpublic school pupil or a pupil 4 24 attending another district under a whole-grade sharing 4 25 agreement or open enrollment receives servicesthrough an area4 26 in a district other than theareadistrict of the pupil's 4 27 residence, the pupil shall be deemed to be servedbyin the 4 28areadistrict of the pupil's residence, which shall by 4 29 contractual arrangement reimburse theareadistrict through 4 30 which the pupil actually receives services. Each school 4 31 district shall include in the third Friday in September 4 32 enrollment report the number of nonpublic school pupils within 4 33 each school district for media and educational services served 4 34byin theareadistrict. 4 35 5. If a school district, or an area education agency 5 1 contracted with by a school district, does not serve nonpublic 5 2 school pupils in a manner comparable to services provided 5 3 public school pupils for media and educational services, as 5 4 determined by the state board of education, the state board 5 5 shall instruct the department of management to reduce the 5 6 funds for media services and educational services one time by 5 7 an amount to compensate for such reduced services. The media 5 8 services budget shall be reduced by an amount equal to the 5 9 product of the cost per pupil in basic enrollment for the 5 10 budget year for media services times the difference between 5 11 the enrollment served and the basic enrollment recorded for 5 12 theareaschool district. The educational services budget 5 13 shall be reduced by an amount equal to the product of the cost 5 14 per pupil in basic enrollment for the budget year for 5 15 educational services times the difference between the 5 16 enrollment served and the basic enrollment recorded for the 5 17areaschool district. 5 18 This subsection applies only to media and educational 5 19 services which cannot be diverted for religious purposes. 5 20 Notwithstanding this subsection,ana school district, 5 21 contracted area education agency, or private agency shall 5 22 distribute to nonpublic schools media materials purchased 5 23 wholly or partially with federal funds in a manner comparable 5 24 to the distribution of such media materials to public schools 5 25 as determined by the director of the department of education. 5 26 Sec. 4. Section 273.2, unnumbered paragraphs 3 and 4, Code 5 27 1997, are amended to read as follows: 5 28 The area education agency board shall furnish educational 5 29 services and programs as provided in sections 273.1 to 273.9 5 30 and chapter 256B to the pupils enrolled in public or nonpublic 5 31 schools located within its boundaries which are on the list of 5 32 accredited schools pursuant to section 256.11 under contract 5 33 with the board of the district. The programs and services 5 34 provided shall be at least commensurate with programs and 5 35 services existing on July 1,19741997. The programs and 6 1 services provided to pupils enrolled in nonpublic schools 6 2 shall be comparable to programs and services provided to 6 3 pupils enrolled in public schools within constitutional 6 4 guidelines. 6 5 The area education agency board shall provide for special 6 6 education services and media services for the local school 6 7 districts in the area with which it has contracted and shall 6 8 encourage and assist school districts in the area with which 6 9 it has contracted to establish programs for gifted and 6 10 talented children. 6 11 Sec. 5. Section 273.3, subsection 6, Code 1997, is amended 6 12 to read as follows: 6 13 6. Area education agencies may cooperate and contract 6 14 between themselves and with other public agencies to provide 6 15 special education programs and services, media services, and 6 16 educational services to schools and children residing within 6 17 their respective areas under contract with the board of the 6 18 school district. Area education agencies may provide print 6 19 and nonprint materials to public and private colleges and 6 20 universities that have teacher education programs approved by 6 21 the state board of education. 6 22 Sec. 6. Section 273.5, unnumbered paragraph 1, Code 1997, 6 23 is amended to read as follows: 6 24 There shall be established a division of special education 6 25 of the area education agency which shall provide for special 6 26 education programs and services tothe localschool districts 6 27 under contract with the board of the district. The division 6 28 of special education shall be headed by a director of special 6 29 education who meets certification standards of the department 6 30 of education. The director of special education shall have 6 31 the responsibility for implementation of state regulations and 6 32 guidelines relating to special education programs and 6 33 services. The director of special education shall have the 6 34 following powers and duties: 6 35 Sec. 7. Section 273.5, subsection 2, Code 1997, is amended 7 1 to read as follows: 7 2 2. Insure that each child requiring special education in 7 3 the area or outside the area pursuant to contract receives an 7 4 appropriate special education program or service. 7 5 Sec. 8. Section 273.5, subsection 5, Code 1997, is amended 7 6 to read as follows: 7 7 5. Provide each school districtwithin the area served7 8 under contract with the area education agency and the 7 9 department of education with a special education weighted 7 10 enrollment count, including the additional enrollment because 7 11 of special education for December 1 of each year. 7 12 Sec. 9. Section 273.7, Code 1997, is amended to read as 7 13 follows: 7 14 273.7 ADDITIONAL SERVICES. 7 15 If sixty percent of the number of local school boards 7 16located inwho have contracted with an area education agency, 7 17 or if local school boards representing sixty percent of the 7 18 enrollment in the school districtslocated inwho have 7 19 contracted with the agency, request in writing to the area 7 20 education agency board that an additional service be provided 7 21 them, for pupils in grades kindergarten through twelve or 7 22 children requiring special education as defined in section 7 23 256B.2 or for employees or board members of school districts 7 24 or area education agencies, the area education agency board 7 25 shall arrange for the service to be provided to all school 7 26 districts in the areawithin the financial capabilities of the7 27area education agency. 7 28 Sec. 10. Section 273.7A, unnumbered paragraph 1, Code 7 29 1997, is amended to read as follows: 7 30 The board of an area education agency may provide services 7 31 to school districts locatedinwithin or outside the area 7 32 education agency under contract with the school districts. 7 33 These services may include, but are not limited to, 7 34 superintendency services, personnel services, business 7 35 management services, specialized maintenance services, and 8 1 transportation services. In addition, the board of the area 8 2 education agency may provide for furnishing expensive and 8 3 specialized equipment for school districts. School districts 8 4 shall pay to area education agencies the cost of providing the 8 5 services. 8 6 Sec. 11. Section 273.9, Code 1997, is amended to read as 8 7 follows: 8 8 273.9 FUNDING. 8 9 1. School districts shall pay for the programs and 8 10 services provided throughthean area education agency to the 8 11 extent utilized by the school district and shall include 8 12 expenditures for the programs and services in their budgets, 8 13 in accordance with this section. 8 14 2. School districts shall pay the costs of special 8 15 education instructional programs to the extent utilized by the 8 16 school district with the moneys available to the districts for 8 17 each child requiring special education, by application of the 8 18 special education weighting plan in section 256B.9. Special 8 19 education instructional programs shall be provided at the 8 20 local level if practicable, or otherwise by contractual 8 21 arrangements withthean outside agency or an area education 8 22 agency board as provided in section 273.3, subsection 5, but 8 23 in each case the total money available through section 256B.9 8 24 and chapter 257 because of weighted enrollment for each child 8 25 requiring special education instruction shall be made 8 26 available to the district or agency which provides the special 8 27 education instructional program to the child, subject to 8 28 adjustments for transportation or other costs which may be 8 29 paid by the school district in which the child is enrolled. 8 30 Each district shall co-operate withitsan area education 8 31 agency or other contracted agency to provide an appropriate 8 32 special education instructional program for each child who 8 33 requires special education instruction, as identified and 8 34 counted within the certification by the area director of 8 35 special education or as identified by the area director of 9 1 special education subsequent to the certification, and shall 9 2 not provide a special education instructional program to a 9 3 child who has not been so identified and counted within the 9 4 certification or identified subsequent to the certification. 9 5 3. The costs of special education support services 9 6 provided throughthean area education agency to the extent 9 7 utilized by the school district shall be funded as provided 9 8 in chapter 257. Special education support services shall not 9 9 be funded until the program plans submitted by the special 9 10 education directors of each area education agency as required 9 11 by section 273.5 are modified as necessary and approved by the 9 12 director of the department of education according to the 9 13 criteria and limitations of chapters 256B and 257. 9 14 4. The costs of media services provided throughthean 9 15 area education agency to the extent utilized by the school 9 16 district shall not be funded until the program plans submitted 9 17 by the administrators of each area education agency as 9 18 required by section 273.4 are modified as necessary and 9 19 approved by the director of the department of education 9 20 according to the criteria of section 273.6. 9 21 The state board of education shall adopt rules under 9 22 chapter 17A relating to the approval of program plans under 9 23 this section. 9 24 Sec. 12. This bill applies to school budget years 9 25 beginning July 1, 1998. 9 26 EXPLANATION 9 27 This bill provides that amounts calculated by the 9 28 department of management for special education support 9 29 services, media services, and educational services for each 9 30 school district shall be paid directly to that district. The 9 31 district can choose to utilize the area education agency for 9 32 the furnishing of those services, to utilize other area 9 33 education agencies, to contract with an independent agency, or 9 34 to utilize a combination thereof. 9 35 These provisions do not impact the utilization of area 10 1 education agencies in administering federally funded health 10 2 care programs pursuant to section 256B.15, or in identifying, 10 3 weighting, and providing special education enrollment counts 10 4 pursuant to section 273.5. 10 5 The bill applies to the school budget year beginning July 10 6 1, 1998. 10 7 LSB 1833YH 77 10 8 rn/jj/8
Text: HF00495 Text: HF00497 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Mar 18 03:40:05 CST 1997
URL: /DOCS/GA/77GA/Legislation/HF/00400/HF00496/970306.html
jhf