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Text: HF00497                           Text: HF00499
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House File 498

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 256B.8, unnumbered paragraph 1, Code
  1  2 1997, is amended to read as follows:
  1  3    It is not incumbent upon the school districts to keep a
  1  4 child requiring special education in regular instruction when
  1  5 the child cannot sufficiently profit from the work of the
  1  6 regular classroom, nor to keep a child requiring special
  1  7 education in the special class or instruction for children
  1  8 requiring special education when it is determined by the
  1  9 diagnostic educational team that the child can no longer
  1 10 benefit from the instruction or needs more specialized
  1 11 instruction available in special schools.  However, the school
  1 12 district shall count the child requiring special education in
  1 13 the enrollment as provided in sections 256B.9, 257.6, and
  1 14 273.9 and shall ensure that appropriate educational provisions
  1 15 are made for the child requiring special education.
  1 16    Sec. 2.  Section 256B.9, subsection 1, Code 1997, is
  1 17 amended by striking the subsection and inserting in lieu
  1 18 thereof the following:
  1 19    1.  In order to provide funds for the excess costs of
  1 20 instruction of children requiring special education, above the
  1 21 costs of instruction of pupils in a regular curriculum, a
  1 22 special education state cost per pupil and special education
  1 23 district costs per pupil shall be established pursuant to
  1 24 sections 257.9 and 257.10.
  1 25    Sec. 3.  Section 256B.9, subsection 2, Code 1997, is
  1 26 amended by striking the subsection and inserting in lieu
  1 27 thereof the following:
  1 28    2.  On December 1, 1997, and no later than December 1 every
  1 29 two years thereafter, for the school year commencing the
  1 30 following July 1, the director of the department of education
  1 31 shall report to the school budget review committee the average
  1 32 cost of providing instruction for children requiring special
  1 33 education, the numbers of special education students provided
  1 34 special education instruction from each school district, and
  1 35 an estimate of the expenditures needed to provide the
  2  1 appropriate special education services throughout the state.
  2  2 This information shall be considered by the department in
  2  3 conducting the review of the total district cost per pupil
  2  4 range pursuant to section 257.13.  In addition, the school
  2  5 budget review committee may adjust a school district's total
  2  6 district cost per pupil, as defined in section 257.10, when
  2  7 determined warranted by the committee upon the request of a
  2  8 district pursuant to section 257.31.
  2  9    Sec. 4.  Section 256B.9, subsection 3, Code 1997, is
  2 10 amended by striking the subsection.
  2 11    Sec. 5.  Section 256B.9, subsection 4, Code 1997, is
  2 12 amended by striking the subsection and inserting in lieu
  2 13 thereof the following:
  2 14    4.  A school district with one or more students provided
  2 15 special education services during a school year for which the
  2 16 expenditures totaled more than seven times the total district
  2 17 cost per pupil, as defined in section 257.10, may petition the
  2 18 school budget review committee for reimbursement under section
  2 19 257.31.
  2 20    Sec. 6.  Section 256B.9, subsection 5, Code 1997, is
  2 21 amended to read as follows:
  2 22    5.  The division of special education shall audit the
  2 23 reports required in section 273.5 to determine that all
  2 24 children in the area who have been identified as requiring
  2 25 special education have received the appropriate special
  2 26 education instructional and support services, and to verify
  2 27 the proper identification of pupils in the area who will
  2 28 require special education instructional services during the
  2 29 school year in which the report is filed.  The division shall
  2 30 certify to the director of the department of management the
  2 31 correct total enrollment of each school district in the state,
  2 32 determined by applying the appropriate pupil weighting index
  2 33 to each child requiring special education, as certified by the
  2 34 directors of special education in each area.
  2 35    Sec. 7.  Section 256B.9, subsection 8, Code 1997, is
  3  1 amended to read as follows:
  3  2    8.  Commencing with the school year beginning July 1, 1976
  3  3 1997, a school district may expend an amount not to exceed
  3  4 two-sevenths of an amount equal to the district cost of a
  3  5 school district for the costs of regular classroom instruction
  3  6 of a child certified under the special education weighting
  3  7 plan in subsection 1, paragraph "b", as a pupil with
  3  8 disabilities who is enrolled in a special class, but who
  3  9 receives part of the pupil's instruction in a regular
  3 10 classroom.  Unencumbered funds generated for special education
  3 11 instructional programs for the school year beginning July 1,
  3 12 1975, and for the school year beginning July 1, 1976, shall
  3 13 not be expended for such purpose.
  3 14    Sec. 8.  Section 257.1, subsection 2, unnumbered paragraph
  3 15 2, Code 1997, is amended to read as follows:
  3 16    For the budget year commencing July 1, 1996 1997, and for
  3 17 each succeeding budget year the regular program foundation
  3 18 base per pupil is eighty-seven and five-tenths percent of the
  3 19 regular program state cost per pupil, except that the regular
  3 20 program and the foundation base per pupil for the portion of
  3 21 weighted enrollment that is additional enrollment because of
  3 22 special education state cost per pupil is seventy-nine percent
  3 23 of the regular program special education state cost per pupil.
  3 24 For the budget year commencing July 1, 1991 1997, and for each
  3 25 succeeding budget year, the special education support services
  3 26 foundation base is seventy-nine percent of the special
  3 27 education support services state cost per pupil.  The combined
  3 28 foundation base is the sum of the regular program foundation
  3 29 base, the special education foundation base, and the special
  3 30 education support services foundation base.
  3 31    Sec. 9. Section 257.2, Code 1997, is amended by adding the
  3 32 following new subsections:
  3 33    NEW SUBSECTION.  13.  "Total district cost per pupil" means
  3 34 the sum of the regular program district cost per pupil and the
  3 35 special education district cost per pupil, determined pursuant
  4  1 to section 257.10.
  4  2    NEW SUBSECTION.  14.  "Total state cost per pupil" means
  4  3 the sum of the regular state cost per pupil and the special
  4  4 education state cost per pupil, determined pursuant to section
  4  5 257.9.
  4  6    Sec. 10.  Section 257.4, subsection 1, Code 1997, is
  4  7 amended to read as follows:
  4  8    1.  COMPUTATION OF TAX.  A school district shall cause an
  4  9 additional property tax to be levied each year.  The rate of
  4 10 the additional property tax levy in a school district shall be
  4 11 determined by the department of management and shall be
  4 12 calculated to raise the difference between the combined
  4 13 district cost for the budget year and the sum of the products
  4 14 of the regular program foundation base per pupil times the
  4 15 weighted enrollment in the district, the special education
  4 16 foundation base per pupil times the budget enrollment in the
  4 17 district, and the special education support services
  4 18 foundation base per pupil times the special education support
  4 19 services weighted enrollment served in the district.
  4 20    Sec. 11.  Section 257.6, subsection 5, Code 1997, is
  4 21 amended to read as follows:
  4 22    5.  WEIGHTED ENROLLMENT.  Weighted enrollment is the budget
  4 23 enrollment plus the district's additional enrollment because
  4 24 of special education calculated on December 1 of the base year
  4 25 plus additional pupils added due to the application of the
  4 26 supplementary weighting.
  4 27    Weighted enrollment for special education support services
  4 28 costs is equal to the weighted enrollment minus the additional
  4 29 pupils added due to the application of the supplementary
  4 30 weighting.
  4 31    Sec. 12.  Section 257.8, subsection 2, Code 1997, is
  4 32 amended to read as follows:
  4 33    2.  ALLOWABLE GROWTH CALCULATION.  The department of
  4 34 management shall calculate the regular program allowable
  4 35 growth for a budget year by multiplying the state percent of
  5  1 growth for the budget year by the regular program state cost
  5  2 per pupil for the base year, shall calculate the special
  5  3 education allowable growth for a budget year by multiplying
  5  4 the state percent of growth for the budget year by the special
  5  5 education state cost per pupil for the base year, and shall
  5  6 calculate the special education support services allowable
  5  7 growth for the budget year by multiplying the state percent of
  5  8 growth for the budget year by the special education support
  5  9 services state cost per pupil for the base year.
  5 10    Sec. 13. Section 257.9, Code 1997, is amended by adding the
  5 11 following new subsection:
  5 12    NEW SUBSECTION.  2A.  SPECIAL EDUCATION STATE COST PER
  5 13 PUPIL FOR 1997-1998.
  5 14    For the budget year beginning July 1, 1997, the special
  5 15 education state cost per pupil for a budget year is equal to
  5 16 the sum of the following:
  5 17    a.  The statewide special education expenditures for the
  5 18 budget year beginning July 1, 1996, divided by the statewide
  5 19 budget enrollment used for the budget year beginning July 1,
  5 20 1996.
  5 21    b.  A special education allowable growth amount that is
  5 22 equal to the state percent of growth for the budget year
  5 23 multiplied by the quotient obtained in paragraph "a".
  5 24    c.  The statewide special education deficits for the budget
  5 25 year beginning July 1, 1995, divided by the statewide budget
  5 26 enrollment for the budget year beginning July 1, 1996.
  5 27    The statewide special education expenditures for the budget
  5 28 year beginning July 1, 1996, shall be calculated by
  5 29 multiplying the district cost per pupil for the budget year
  5 30 beginning July 1, 1996, for each district by its additional
  5 31 enrollment because of special education for that budget year
  5 32 and adding together the products.
  5 33    Sec. 14.  Section 257.9, Code 1997, is amended by adding
  5 34 the following new subsection:
  5 35    NEW SUBSECTION.  2B.  SPECIAL EDUCATION STATE COST PER
  6  1 PUPIL FOR 1998-1999 AND SUCCEEDING YEARS.  For the budget year
  6  2 beginning July 1, 1998, and succeeding budget years, the
  6  3 special education state cost per pupil is the special
  6  4 education state cost per pupil for the base year plus the
  6  5 special education allowable growth for the budget year.
  6  6    Sec. 15.  Section 257.9, Code 1997, is amended by adding
  6  7 the following new subsection:
  6  8    NEW SUBSECTION.  2C.  TOTAL STATE COST PER PUPIL.  The
  6  9 total state cost per pupil for a budget year is the sum of the
  6 10 regular program state cost per pupil and the special education
  6 11 state cost per pupil.
  6 12    Sec. 16.  Section 257.9, subsection 4, Code 1997, is
  6 13 amended to read as follows:
  6 14    4.  SPECIAL EDUCATION SUPPORT SERVICES STATE COST PER PUPIL
  6 15 FOR 1992-1993 AND SUCCEEDING YEARS THROUGH 1996-1997.  For the
  6 16 budget year beginning July 1, 1992, and succeeding each budget
  6 17 years year thereafter until June 30, 1997, the special
  6 18 education support services state cost per pupil for the budget
  6 19 year is the special education support services state cost per
  6 20 pupil for the base year plus the special education support
  6 21 services allowable growth for the budget year.
  6 22    Sec. 17.  Section 257.9, Code 1997, is amended by adding
  6 23 the following new subsection:
  6 24    NEW SUBSECTION.  4A.  SPECIAL EDUCATION SUPPORT SERVICES
  6 25 STATE COST PER PUPIL FOR 1997-1998.  For the budget year
  6 26 beginning July 1, 1997, the special education support services
  6 27 state cost per pupil is equal to the total of the approved
  6 28 budgets of the area education agencies for special education
  6 29 support services for the budget year beginning July 1, 1997,
  6 30 approved by the state board of education under section 273.3,
  6 31 subsection 12, divided by the enrollment served for the budget
  6 32 year beginning July 1, 1997.
  6 33    Sec. 18.  Section 257.9, Code 1997, is amended by adding
  6 34 the following new subsection:
  6 35    NEW SUBSECTION.  4B.  SPECIAL EDUCATION SUPPORT SERVICES
  7  1 STATE COST PER PUPIL FOR 1998-1999 AND SUCCEEDING YEARS.  For
  7  2 the budget year beginning July 1, 1998, and succeeding budget
  7  3 years, the special education support services state cost per
  7  4 pupil is the special education support services state cost per
  7  5 pupil for the base year plus the special education support
  7  6 services allowable growth for the budget year.
  7  7    Sec. 19.  Section 257.9, subsection 5, Code 1997, is
  7  8 amended to read as follows:
  7  9    5.  COMBINED STATE COST PER PUPIL.  The combined state cost
  7 10 per pupil for a budget year is the sum of the regular program
  7 11 total state cost per pupil and the special education support
  7 12 services state cost per pupil.
  7 13    Sec. 20.  Section 257.10, Code 1997, is amended by adding
  7 14 the following new subsection:
  7 15    NEW SUBSECTION.  2A.  SPECIAL EDUCATION DISTRICT COST PER
  7 16 PUPIL FOR 1997-1998.  For the budget year beginning July 1,
  7 17 1997, the special education district cost per pupil for a
  7 18 budget year is equal to the sum of the following:
  7 19    a.  The district special education expenditures for the
  7 20 budget year beginning July 1, 1996, divided by the district
  7 21 budget enrollment for the budget year beginning July 1, 1996.
  7 22    b.  The special education allowable growth amount
  7 23 calculated under section 257.9, subsection 2A.
  7 24    c.  The district's special education deficit, if any, for
  7 25 the budget year beginning July 1, 1995, divided by the
  7 26 district budget enrollment for the budget year beginning July
  7 27 1, 1996.
  7 28    The district special education expenditures for the budget
  7 29 year beginning July 1, 1996, shall be calculated by
  7 30 multiplying the district cost per pupil of the district for
  7 31 the budget year beginning July 1, 1996, by the district's
  7 32 additional enrollment because of special education for that
  7 33 budget year.
  7 34    Sec. 21.  Section 257.10, Code 1997, is amended by adding
  7 35 the following new subsection:
  8  1    NEW SUBSECTION.  2B.  SPECIAL EDUCATION DISTRICT COST PER
  8  2 PUPIL FOR 1998-1999 AND SUCCEEDING YEARS.  For the budget year
  8  3 beginning July 1, 1998, and succeeding budget years, the
  8  4 special education district cost per pupil for each school
  8  5 district for a budget year is the special education district
  8  6 cost per pupil for the base year plus the allowable growth for
  8  7 the budget year.
  8  8    Sec. 22.  Section 257.10, Code 1997, is amended by adding
  8  9 the following new subsection:
  8 10    NEW SUBSECTION.  2C.  TOTAL DISTRICT COST PER PUPIL.  The
  8 11 total district cost per pupil is the sum of the regular
  8 12 program district cost per pupil, and the special education
  8 13 district cost per pupil.
  8 14    Sec. 23.  Section 257.10, subsection 4, Code 1997, is
  8 15 amended to read as follows:
  8 16    4.  SPECIAL EDUCATION SUPPORT SERVICES DISTRICT COST PER
  8 17 PUPIL FOR 1992-1993 AND SUCCEEDING YEARS THROUGH 1996-1997.
  8 18 For the budget year beginning July 1, 1992, and succeeding
  8 19 each budget years year thereafter until June 30, 1997, the
  8 20 special education support services district cost per pupil for
  8 21 the budget year is the special education support services
  8 22 district cost per pupil for the base year plus the special
  8 23 education support services allowable growth for the budget
  8 24 year.
  8 25    Notwithstanding the special education support services
  8 26 district cost per pupil for the budget year beginning July 1,
  8 27 1991, calculated under subsection 3, for area education
  8 28 agencies that have fewer than three and five-tenths public
  8 29 school pupils per square mile, the special education support
  8 30 services district cost per pupil for the budget year beginning
  8 31 July 1, 1991, is one hundred forty-seven dollars.
  8 32    Sec. 24.  Section 257.10, Code 1997, is amended by adding
  8 33 the following new subsection:
  8 34    NEW SUBSECTION.  4A.  SPECIAL EDUCATION SUPPORT SERVICES
  8 35 DISTRICT COST PER PUPIL FOR 1997-1998.  For the budget year
  9  1 beginning July 1, 1997, the special education support services
  9  2 district cost per pupil is equal to the approved budget of
  9  3 each area education agency for special education support
  9  4 services for that year in the area divided by the enrollment
  9  5 served in the area for that year.
  9  6    Sec. 25.  Section 257.10, Code 1997, is amended by adding
  9  7 the following new subsection:
  9  8    NEW SUBSECTION.  4B.  SPECIAL EDUCATION SUPPORT SERVICES
  9  9 DISTRICT COST PER PUPIL FOR 1998-1999 AND SUCCEEDING YEARS.
  9 10 For the budget year beginning July 1, 1998, and succeeding
  9 11 budget years, the special education support services district
  9 12 cost per pupil is the special education support services
  9 13 district cost per pupil for the base year plus the special
  9 14 education support services allowable growth for the budget
  9 15 year.
  9 16    Sec. 26.  Section 257.10, subsection 5, Code 1997, is
  9 17 amended to read as follows:
  9 18    5.  COMBINED DISTRICT COST PER PUPIL.  The combined
  9 19 district cost per pupil for a school district is the sum of
  9 20 the regular program total district cost per pupil and the
  9 21 special education support services district cost per pupil.
  9 22 Combined district cost per pupil does not include additional
  9 23 allowable growth added for school districts that have a
  9 24 negative balance of funds raised for special education
  9 25 instruction programs, additional allowable growth granted by
  9 26 the school budget review committee for a single school year,
  9 27 or additional allowable growth added for programs for dropout
  9 28 prevention and for programs for gifted and talented children.
  9 29    Sec. 27.  Section 257.10, Code 1997, is amended by adding
  9 30 the following new subsection:
  9 31    NEW SUBSECTION.  6A.  SPECIAL EDUCATION DISTRICT COST.
  9 32 Special education district cost for a school district for a
  9 33 budget year is equal to the special education district cost
  9 34 per pupil for a budget year multiplied by the budget
  9 35 enrollment for the budget year.
 10  1    Sec. 28.  Section 257.10, subsection 7, Code 1997, is
 10  2 amended to read as follows:
 10  3    7.  SPECIAL EDUCATION SUPPORT SERVICES DISTRICT COST.
 10  4 Special education support services district cost for a school
 10  5 district for a budget year is equal to the special education
 10  6 support services district cost per pupil for the budget year
 10  7 multiplied by the special education support services weighted
 10  8 enrollment for served in the district for the budget year.  If
 10  9 the special education support services district cost for a
 10 10 school district for a budget year is less than the special
 10 11 education support services district cost for that district for
 10 12 the base year, the department of management shall adjust the
 10 13 special education support services district cost for that
 10 14 district for the budget year to equal the special education
 10 15 support services district cost for the base year.
 10 16    Sec. 29.  Section 257.10, subsection 8, unnumbered
 10 17 paragraph 1, Code 1997, is amended to read as follows:
 10 18    Combined district cost is the sum of the regular program
 10 19 total district cost per pupil multiplied by the weighted
 10 20 enrollment and the special education support services district
 10 21 cost, plus the additional district cost allocated to the
 10 22 district to fund media services and educational services
 10 23 provided through the area education agency.
 10 24    Sec. 30.  NEW SECTION.  257.13  EQUALIZING TOTAL DISTRICT
 10 25 COST PER PUPIL.
 10 26    1.  Total district cost per pupil in each district shall
 10 27 fall within an acceptable range, the lower limit of which is
 10 28 the total state cost per pupil, and the upper limit of which
 10 29 is the total district cost per pupil of the district with the
 10 30 highest total district cost per pupil.
 10 31    2.  For the budget year beginning July 1, 1997, the
 10 32 department of management shall increase the total district
 10 33 cost per pupil of each school district whose total district
 10 34 cost per pupil is below the total state cost per pupil, by one
 10 35 percent of the total state cost per pupil not to exceed the
 11  1 state cost per pupil.  For each succeeding year the total
 11  2 district cost per pupil shall be increased one percent until
 11  3 the total district cost per pupil reaches the total state cost
 11  4 per pupil.
 11  5    3.  When all districts with a total district cost per pupil
 11  6 falling below the total state cost per pupil have reached the
 11  7 total state cost per pupil, the upper limit of the acceptable
 11  8 range is subject to review and recommendation by the director
 11  9 of the department.
 11 10    Sec. 31.  Section 257.14, Code 1997, is amended by adding
 11 11 the following new subsection:
 11 12    NEW SUBSECTION.  4.  For the budget year commencing July 1,
 11 13 1997, and each succeeding budget year, if the department of
 11 14 management determines that the special education district cost
 11 15 of a school district for a budget year is less than the total
 11 16 of the special education district cost plus any adjustment
 11 17 added under this section for the base year for that school
 11 18 district, the department of management shall provide a budget
 11 19 adjustment for that district for that budget year that is
 11 20 equal to the difference.
 11 21    Sec. 32.  Section 257.19, unnumbered paragraph 1, Code
 11 22 1997, is amended to read as follows:
 11 23    The additional funding for the instructional support
 11 24 program for a budget year is limited to an amount not
 11 25 exceeding ten percent of the total of regular program district
 11 26 cost for the budget year and moneys received under section
 11 27 257.14 as a budget adjustment for the budget year.  Moneys
 11 28 received by a district for the instructional support program
 11 29 are miscellaneous income and may be used for any general fund
 11 30 purpose.  However, moneys received by a district for the
 11 31 instructional support program shall not be used as, or in a
 11 32 manner which has the effect of, supplanting funds authorized
 11 33 to be received under sections 257.41, 257.46, 298.2, and
 11 34 298.4, or to cover any deficiencies in funding for special
 11 35 education instructional services resulting from the
 12  1 application of the special education weighting plan under
 12  2 section 256B.9.
 12  3    Sec. 33.  Section 257.31, subsection 14, Code 1997, is
 12  4 amended by striking the subsection.
 12  5    Sec. 34.  Section 257.31, subsection 5, Code 1997, is
 12  6 amended by adding the following new paragraph:
 12  7    NEW PARAGRAPH.  m.  An unusual increase or decrease in
 12  8 identification of pupils requiring special education.
 12  9    Sec. 35.  Section 257.31, Code 1997, is amended by adding
 12 10 the following new subsection:
 12 11    NEW SUBSECTION.  18.  The committee may grant supplemental
 12 12 aid to a school district for the excess costs of special
 12 13 education instructional services for a pupil for which the
 12 14 special education instructional services costs totaled more
 12 15 than seven times the district's total district cost per pupil.
 12 16 The supplemental aid is equal to the difference between the
 12 17 cost of the special education instructional services for the
 12 18 pupil for a year and seven times the district's total district
 12 19 cost per pupil for that year.  There is appropriated from the
 12 20 general fund of the state to the department of education for
 12 21 the use of the school budget review an amount sufficient to
 12 22 pay the supplemental aid under this subsection.  Supplemental
 12 23 aid granted to a district shall be added to the district's
 12 24 state aid payments made under section 257.16.
 12 25    Sec. 36.  NEW SECTION.  257.50  ADDITIONAL AID FOR AT-RISK
 12 26 PUPILS.
 12 27    1.  Beginning with the school budget year commencing July
 12 28 1, 1997, school districts shall receive additional at-risk aid
 12 29 to increase their capacity to meet the needs of all children
 12 30 enrolled in a public school in the district and to increase
 12 31 the support available to at-risk students.
 12 32    2.  The amount of additional at-risk aid for at-risk pupils
 12 33 which a school district shall receive for a budget year shall
 12 34 be based upon the estimated number and percent of children
 12 35 qualifying for free lunches within each district.  No later
 13  1 than October 1 of each budget year, school districts shall
 13  2 report to the department of education the actual enrollment
 13  3 for the budget year of pupils enrolled in and the percent of
 13  4 those pupils qualifying for free lunch.
 13  5    3.  The department of management shall pay additional at-
 13  6 risk aid to each school district pursuant to this subsection
 13  7 in the manner prescribed as follows:
 13  8    a.  The department shall multiply the percent of pupils
 13  9 calculated in subsection 2 by the district's budget enrollment
 13 10 for the budget year to obtain the district's total free lunch
 13 11 count.
 13 12    b.  The district's total free lunch count shall be
 13 13 multiplied by the percent of students receiving a free lunch,
 13 14 and that product shall be multiplied by the district cost per
 13 15 pupil for the school district for the budget year.
 13 16    c.  The total calculated for paragraph "b" multiplied by an
 13 17 index factor of twenty-five hundredths percent is the amount
 13 18 of the additional at-risk aid which the district shall receive
 13 19 for that budget year.
 13 20    4.  Districts shall not be required to identify or
 13 21 categorize particular students as at-risk in order to receive
 13 22 funding.  However, an at-risk student is a student who is at
 13 23 risk of not meeting the goals of the educational program
 13 24 established by the district, not completing a high school
 13 25 education, or not becoming a productive worker.  These
 13 26 students may include, but are not limited to, dropouts,
 13 27 potential dropouts, teenage parents, substance users and
 13 28 abusers, low academic achievers, abused and homeless children,
 13 29 youth offenders, economically deprived students, minority
 13 30 students, culturally isolated students, students experiencing
 13 31 sudden negative changes in academic performance due to
 13 32 environmental or physical trauma, and students with language
 13 33 barriers, gender barriers, and disabilities.
 13 34    5.  At-risk aid received by a district shall be utilized
 13 35 throughout a district to develop services for at-risk
 14  1 students, and as a basis for increasing the capacity of the
 14  2 district to accommodate at-risk students.
 14  3    6.  School districts receiving additional at-risk aid shall
 14  4 report the expenditure of amounts received on the annual
 14  5 report required by the department.  The department of
 14  6 education shall adopt rules under chapter 17A to establish a
 14  7 process to conduct a biennial review of activities and
 14  8 services supported by the additional at-risk and received and
 14  9 shall make recommendations to the director to implement
 14 10 necessary adjustments to the determination of additional at-
 14 11 risk aid.
 14 12    7.  There is appropriated from the general fund of the
 14 13 state to the department of management for each fiscal year an
 14 14 amount sufficient to pay the additional at-risk aid to school
 14 15 districts under this section.  The additional state aid shall
 14 16 be paid, to the extent possible, in the manner provided in
 14 17 section 257.16.  Additional at-risk aid received by a school
 14 18 district under this section is miscellaneous income, and shall
 14 19 not be provided in lieu of or cause a reduction in amounts
 14 20 otherwise received by reason of any other provision of this
 14 21 chapter.  Additional at-risk aid provided under this section
 14 22 is in addition to other moneys appropriated by the general
 14 23 assembly or otherwise available to school districts for at-
 14 24 risk pupils.
 14 25    Sec. 37.  This Act, being deemed of immediate importance,
 14 26 shall take effect immediately upon enactment for purposes of
 14 27 budget calculations for the budget year beginning July 1,
 14 28 1997.  
 14 29                           EXPLANATION
 14 30    This bill provides additional funding for at-risk students
 14 31 and restructures the manner in which special education funding
 14 32 is determined.
 14 33    The bill provides for the funding of special education on a
 14 34 per pupil basis utilizing the total enrollment of a school
 14 35 district, instead of the current special education weighted
 15  1 enrollment system.  A new special education state cost, and
 15  2 special education district cost calculation would be made,
 15  3 determined by dividing statewide or district-wide special
 15  4 education expenditures by total state or district enrollment,
 15  5 and adding to the resulting amount special education deficits
 15  6 existing as of the budget year beginning July 1, 1996.  The
 15  7 special education state and district costs would be added to
 15  8 regular program state and district costs to arrive at a total
 15  9 state or district cost figure.  The current two-tier
 15 10 foundation aid percentage level, applying 87.5 percent to the
 15 11 regular program state cost and 79 percent to special education
 15 12 and special education support services state costs, is
 15 13 retained.  The bill provides that special education support
 15 14 services costs shall be recalculated to become more consistent
 15 15 with other area education agency cost determinations.  The
 15 16 bill contains provisions for a gradual equalization of total
 15 17 district cost per pupil amounts, and for providing for
 15 18 extremely high individual case special education expenses
 15 19 through school budget review committee petition.
 15 20    The bill provides that additional funding for at-risk
 15 21 students should be provided based on the number and percent of
 15 22 children from low-income families in a school district as
 15 23 measured by the free lunch count in each district.  The bill
 15 24 provides a formula for calculating additional at-risk funding,
 15 25 provides that moneys received shall be utilized throughout a
 15 26 district to develop services for at-risk students and to
 15 27 increase building capacity to accommodate them, and provides
 15 28 for biennial department of education review.  The bill
 15 29 provides for an appropriation from the general fund of the
 15 30 state to pay the additional at-risk aid.
 15 31    The bill provides an immediate effective date for purposes
 15 32 of budget calculations for the budget year beginning July 1,
 15 33 1997.  
 15 34 LSB 1392HH 77
 15 35 rn/jj/8
     
Text: HF00497                           Text: HF00499
Text: HF00400 - HF00499                 Text: HF Index
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