Text: S05093 Text: S05095 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2366 as follows: 1 2 #1. Page 6, by inserting after line 15 the 1 3 following: 1 4 "Sec. . Section 256B.8, unnumbered paragraph 1, 1 5 Code 1997, is amended to read as follows: 1 6 It is not incumbent upon the school districts to 1 7 keep a child requiring special education in regular 1 8 instruction when the child cannot sufficiently profit 1 9 from the work of the regular classroom, nor to keep a 1 10 child requiring special education in the special class 1 11 or instruction for children requiring special 1 12 education when it is determined by the diagnostic 1 13 educational team that the child can no longer benefit 1 14 from the instruction or needs more specialized 1 15 instruction available in special schools.However,1 16the school district shall count the child requiring1 17special education in the enrollment as provided in1 18sections 256B.9, 257.6, and 273.9 and shall ensure1 19that appropriate educational provisions are made for1 20the child requiring special education.1 21 Sec. . Section 256B.9, subsection 1, Code 1997, 1 22 is amended by striking the subsection and inserting in 1 23 lieu thereof the following: 1 24 1. In order to provide funds for the excess costs 1 25 of instruction of children requiring special 1 26 education, above the costs of instruction of pupils in 1 27 a regular curriculum, a special education state cost 1 28 per pupil and special education district costs per 1 29 pupil shall be established pursuant to sections 257.9 1 30 and 257.10. 1 31 Sec. . Section 256B.9, subsection 2, Code 1997, 1 32 is amended by striking the subsection and inserting in 1 33 lieu thereof the following: 1 34 2. On December 1, 1998, and no later than December 1 35 1 every two years thereafter, for the school year 1 36 commencing the following July 1, the director of the 1 37 department of education shall report to the school 1 38 budget review committee the average cost of providing 1 39 instruction for children requiring special education, 1 40 the numbers of special education students provided 1 41 special education instruction from each school 1 42 district, and an estimate of the expenditures needed 1 43 to provide the appropriate special education services 1 44 throughout the state. This information shall be 1 45 considered by the department in conducting the review 1 46 of the total district cost per pupil range pursuant to 1 47 section 257.13. In addition, the school budget review 1 48 committee may adjust a school district's total 1 49 district cost per pupil, as defined in section 257.10, 1 50 when determined warranted by the committee upon the 2 1 request of a district pursuant to section 257.31. 2 2 Sec. . Section 256B.9, subsection 3, Code 1997, 2 3 is amended by striking the subsection. 2 4 Sec. . Section 256B.9, subsection 4, Code 1997, 2 5 is amended by striking the subsection and inserting in 2 6 lieu thereof the following: 2 7 4. A school district with one or more students 2 8 provided special education services during a school 2 9 year for which the expenditures totaled more than 2 10 seven times the total district cost per pupil, as 2 11 defined in section 257.10, may petition the school 2 12 budget review committee for reimbursement under 2 13 section 257.31. 2 14 Sec. . Section 256B.9, subsection 5, Code 1997, 2 15 is amended to read as follows: 2 16 5. The division of special education shall audit 2 17 the reports required in section 273.5 to determine 2 18 that all children in the area who have been identified 2 19 as requiring special education have received the 2 20 appropriate special education instructional and 2 21 support services, and to verify the proper 2 22 identification of pupils in the area who will require 2 23 special education instructional services during the 2 24 school year in which the report is filed.The2 25division shall certify to the director of the2 26department of management the correct total enrollment2 27of each school district in the state, determined by2 28applying the appropriate pupil weighting index to each2 29child requiring special education, as certified by the2 30directors of special education in each area.2 31 Sec. . Section 256B.9, subsection 8, Code 1997, 2 32 is amended to read as follows: 2 33 8. Commencing with the school year beginning July 2 34 1,19761998, a school district may expend an amount 2 35 not to exceed two-sevenths of an amount equal to the 2 36 district cost of a school district for the costs of 2 37 regular classroom instruction of a child certified 2 38under the special education weighting plan in2 39subsection 1, paragraph "b",as a pupil with 2 40 disabilities who is enrolled in a special class, but 2 41 who receives part of the pupil's instruction in a 2 42 regular classroom.Unencumbered funds generated for2 43special education instructional programs for the2 44school year beginning July 1, 1975, and for the school2 45year beginning July 1, 1976, shall not be expended for2 46such purpose." 2 47 #2. Page 13, by inserting after line 16 the 2 48 following: 2 49 "Sec. . Section 257.1, subsection 2, unnumbered 2 50 paragraph 2, Code 1997, is amended to read as follows: 3 1 For the budget year commencing July 1,19971998, 3 2 and for each succeeding budget year the regular 3 3 program foundation base per pupil is eighty-seven and 3 4 five-tenths percent of the regular program state cost 3 5 per pupil,except that the regular programand the 3 6 foundation base per pupil for theportion of weighted3 7enrollment that is additional enrollment because of3 8 special education state cost per pupil is seventy-nine 3 9 percent of theregular programspecial education state 3 10 cost per pupil. For the budget year commencing July 3 11 1,19911998, and for each succeeding budget year, the 3 12 special education support services foundation base is 3 13 seventy-nine percent of the special education support 3 14 services state cost per pupil. The combined 3 15 foundation base is the sum of the regular program 3 16 foundation base, the special education foundation 3 17 base, and the special education support services 3 18 foundation base. 3 19 Sec. . Section 257.2, Code 1997, is amended by 3 20 adding the following new subsections: 3 21 NEW SUBSECTION. 13. "Total district cost per 3 22 pupil" means the sum of the regular program district 3 23 cost per pupil and the special education district cost 3 24 per pupil, determined pursuant to section 257.10. 3 25 NEW SUBSECTION. 14. "Total state cost per pupil" 3 26 means the sum of the regular state cost per pupil and 3 27 the special education state cost per pupil, determined 3 28 pursuant to section 257.9. 3 29 Sec. . Section 257.4, subsection 1, Code 1997, 3 30 is amended to read as follows: 3 31 1. COMPUTATION OF TAX. A school district shall 3 32 cause an additional property tax to be levied each 3 33 year. The rate of the additional property tax levy in 3 34 a school district shall be determined by the 3 35 department of management and shall be calculated to 3 36 raise the difference between the combined district 3 37 cost for the budget year and the sum of the products 3 38 of the regular program foundation base per pupil times 3 39 the weighted enrollment in the district, the special 3 40 education foundation base per pupil times the budget 3 41 enrollment in the district, and the special education 3 42 support services foundation base per pupil times the 3 43special education support services weightedenrollment 3 44 served in the district. 3 45 Sec. . Section 257.6, subsection 5, Code 1997, 3 46 is amended to read as follows: 3 47 5. WEIGHTED ENROLLMENT. Weighted enrollment is 3 48 the budget enrollmentplus the district's additional3 49enrollment because of special education calculated on3 50December 1 of the base yearplus additional pupils 4 1 added due to the application of the supplementary 4 2 weighting. 4 3Weighted enrollment for special education support4 4services costs is equal to the weighted enrollment4 5minus the additional pupils added due to the4 6application of the supplementary weighting.4 7 Sec. . Section 257.8, subsection 2, Code 1997, 4 8 is amended to read as follows: 4 9 2. ALLOWABLE GROWTH CALCULATION. The department 4 10 of management shall calculate the regular program 4 11 allowable growth for a budget year by multiplying the 4 12 state percent of growth for the budget year by the 4 13 regular program state cost per pupil for the base 4 14 year, shall calculate the special education allowable 4 15 growth for a budget year by multiplying the state 4 16 percent of growth for the budget year by the special 4 17 education state cost per pupil for the base year, and 4 18 shall calculate the special education support services 4 19 allowable growth for the budget year by multiplying 4 20 the state percent of growth for the budget year by the 4 21 special education support services state cost per 4 22 pupil for the base year. 4 23 Sec. . Section 257.9, Code 1997, is amended by 4 24 adding the following new subsection: 4 25 NEW SUBSECTION. 2A. SPECIAL EDUCATION STATE COST 4 26 PER PUPIL FOR 1998-1999. 4 27 For the budget year beginning July 1, 1998, the 4 28 special education state cost per pupil for a budget 4 29 year is equal to the sum of the following: 4 30 a. The statewide special education expenditures 4 31 for the budget year beginning July 1, 1997, divided by 4 32 the statewide budget enrollment used for the budget 4 33 year beginning July 1, 1997. 4 34 b. A special education allowable growth amount 4 35 that is equal to the state percent of growth for the 4 36 budget year multiplied by the quotient obtained in 4 37 paragraph "a". 4 38 c. The statewide special education deficits for 4 39 the budget year beginning July 1, 1996, divided by the 4 40 statewide budget enrollment for the budget year 4 41 beginning July 1, 1997. 4 42 The statewide special education expenditures for 4 43 the budget year beginning July 1, 1997, shall be 4 44 calculated by multiplying the district cost per pupil 4 45 for the budget year beginning July 1, 1997, for each 4 46 district by its additional enrollment because of 4 47 special education for that budget year and adding 4 48 together the products. 4 49 Sec. . Section 257.9, Code 1997, is amended by 4 50 adding the following new subsection: 5 1 NEW SUBSECTION. 2B. SPECIAL EDUCATION STATE COST 5 2 PER PUPIL FOR 1999-2000 AND SUCCEEDING YEARS. For the 5 3 budget year beginning July 1, 1999, and succeeding 5 4 budget years, the special education state cost per 5 5 pupil is the special education state cost per pupil 5 6 for the base year plus the special education allowable 5 7 growth for the budget year. 5 8 Sec. . Section 257.9, Code 1997, is amended by 5 9 adding the following new subsection: 5 10 NEW SUBSECTION. 2C. TOTAL STATE COST PER PUPIL. 5 11 The total state cost per pupil for a budget year is 5 12 the sum of the regular program state cost per pupil 5 13 and the special education state cost per pupil. 5 14 Sec. . Section 257.9, subsection 4, Code 1997, 5 15 is amended to read as follows: 5 16 4. SPECIAL EDUCATION SUPPORT SERVICES STATE COST 5 17 PER PUPIL FOR 1992-1993AND SUCCEEDING YEARSTHROUGH 5 18 1997-1998. For the budget year beginning July 1, 5 19 1992, andsucceedingeach budgetyearsyear thereafter 5 20 until June 30, 1998, the special education support 5 21 services state cost per pupil for the budget year is 5 22 the special education support services state cost per 5 23 pupil for the base year plus the special education 5 24 support services allowable growth for the budget year. 5 25 Sec. . Section 257.9, Code 1997, is amended by 5 26 adding the following new subsection: 5 27 NEW SUBSECTION. 4A. SPECIAL EDUCATION SUPPORT 5 28 SERVICES STATE COST PER PUPIL FOR 1998-1999. For the 5 29 budget year beginning July 1, 1998, the special 5 30 education support services state cost per pupil is 5 31 equal to the total of the approved budgets of the area 5 32 education agencies for special education support 5 33 services for the budget year beginning July 1, 1998, 5 34 approved by the state board of education under section 5 35 273.3, subsection 12, divided by the enrollment served 5 36 for the budget year beginning July 1, 1998. 5 37 Sec. . Section 257.9, Code 1997, is amended by 5 38 adding the following new subsection: 5 39 NEW SUBSECTION. 4B. SPECIAL EDUCATION SUPPORT 5 40 SERVICES STATE COST PER PUPIL FOR 1999-2000 AND 5 41 SUCCEEDING YEARS. For the budget year beginning July 5 42 1, 1999, and succeeding budget years, the special 5 43 education support services state cost per pupil is the 5 44 special education support services state cost per 5 45 pupil for the base year plus the special education 5 46 support services allowable growth for the budget year. 5 47 Sec. . Section 257.9, subsection 5, Code 1997, 5 48 is amended to read as follows: 5 49 5. COMBINED STATE COST PER PUPIL. The combined 5 50 state cost per pupil for a budget year is the sum of 6 1 theregular programtotal state cost per pupil and the 6 2 special education support services state cost per 6 3 pupil. 6 4 Sec. . Section 257.10, Code 1997, is amended by 6 5 adding the following new subsection: 6 6 NEW SUBSECTION. 2A. SPECIAL EDUCATION DISTRICT 6 7 COST PER PUPIL FOR 1998-1999. For the budget year 6 8 beginning July 1, 1998, the special education district 6 9 cost per pupil for a budget year is equal to the sum 6 10 of the following: 6 11 a. The district special education expenditures for 6 12 the budget year beginning July 1, 1997, divided by the 6 13 district budget enrollment for the budget year 6 14 beginning July 1, 1997. 6 15 b. The special education allowable growth amount 6 16 calculated under section 257.9, subsection 2A. 6 17 c. The district's special education deficit, if 6 18 any, for the budget year beginning July 1, 1996, 6 19 divided by the district budget enrollment for the 6 20 budget year beginning July 1, 1997. 6 21 The district special education expenditures for the 6 22 budget year beginning July 1, 1997, shall be 6 23 calculated by multiplying the district cost per pupil 6 24 of the district for the budget year beginning July 1, 6 25 1997, by the district's additional enrollment because 6 26 of special education for that budget year. 6 27 Sec. . Section 257.10, Code 1997, is amended by 6 28 adding the following new subsection: 6 29 NEW SUBSECTION. 2B. SPECIAL EDUCATION DISTRICT 6 30 COST PER PUPIL FOR 1999-2000 AND SUCCEEDING YEARS. 6 31 For the budget year beginning July 1, 1999, and 6 32 succeeding budget years, the special education 6 33 district cost per pupil for each school district for a 6 34 budget year is the special education district cost per 6 35 pupil for the base year plus the allowable growth for 6 36 the budget year. 6 37 Sec. . Section 257.10, Code 1997, is amended by 6 38 adding the following new subsection: 6 39 NEW SUBSECTION. 2C. TOTAL DISTRICT COST PER 6 40 PUPIL. The total district cost per pupil is the sum 6 41 of the regular program district cost per pupil, and 6 42 the special education district cost per pupil. 6 43 Sec. . Section 257.10, subsection 4, Code 1997, 6 44 is amended to read as follows: 6 45 4. SPECIAL EDUCATION SUPPORT SERVICES DISTRICT 6 46 COST PER PUPIL FOR 1992-1993AND SUCCEEDING YEARS6 47 THROUGH 1997-1998. For the budget year beginning July 6 48 1, 1992, andsucceedingeach budgetyearsyear 6 49 thereafter until June 30, 1998, the special education 6 50 support services district cost per pupil for the 7 1 budget year is the special education support services 7 2 district cost per pupil for the base year plus the 7 3 special education support services allowable growth 7 4 for the budget year. 7 5 Notwithstanding the special education support 7 6 services district cost per pupil for the budget year 7 7 beginning July 1, 1991, calculated under subsection 3, 7 8 for area education agencies that have fewer than three 7 9 and five-tenths public school pupils per square mile, 7 10 the special education support services district cost 7 11 per pupil for the budget year beginning July 1, 1991, 7 12 is one hundred forty-seven dollars. 7 13 Sec. . Section 257.10, Code 1997, is amended by 7 14 adding the following new subsection: 7 15 NEW SUBSECTION. 4A. SPECIAL EDUCATION SUPPORT 7 16 SERVICES DISTRICT COST PER PUPIL FOR 1998-1999. For 7 17 the budget year beginning July 1, 1998, the special 7 18 education support services district cost per pupil is 7 19 equal to the approved budget of each area education 7 20 agency for special education support services for that 7 21 year in the area divided by the enrollment served in 7 22 the area for that year. 7 23 Sec. . Section 257.10, Code 1997, is amended by 7 24 adding the following new subsection: 7 25 NEW SUBSECTION. 4B. SPECIAL EDUCATION SUPPORT 7 26 SERVICES DISTRICT COST PER PUPIL FOR 1999-2000 AND 7 27 SUCCEEDING YEARS. For the budget year beginning July 7 28 1, 1999, and succeeding budget years, the special 7 29 education support services district cost per pupil is 7 30 the special education support services district cost 7 31 per pupil for the base year plus the special education 7 32 support services allowable growth for the budget year. 7 33 Sec. . Section 257.10, subsection 5, Code 1997, 7 34 is amended to read as follows: 7 35 5. COMBINED DISTRICT COST PER PUPIL. The combined 7 36 district cost per pupil for a school district is the 7 37 sum of theregular programtotal district cost per 7 38 pupil and the special education support services 7 39 district cost per pupil. Combined district cost per 7 40 pupil does not includeadditional allowable growth7 41added for school districts that have a negative7 42balance of funds raised for special education7 43instruction programs,additional allowable growth 7 44 granted by the school budget review committee for a 7 45 single school year, or additional allowable growth 7 46 added for programs for dropout prevention and for 7 47 programs for gifted and talented children. 7 48 Sec. . Section 257.10, Code 1997, is amended by 7 49 adding the following new subsection: 7 50 NEW SUBSECTION. 6A. SPECIAL EDUCATION DISTRICT 8 1 COST. Special education district cost for a school 8 2 district for a budget year is equal to the special 8 3 education district cost per pupil for a budget year 8 4 multiplied by the budget enrollment for the budget 8 5 year. 8 6 Sec. . Section 257.10, subsection 7, Code 1997, 8 7 is amended to read as follows: 8 8 7. SPECIAL EDUCATION SUPPORT SERVICES DISTRICT 8 9 COST. Special education support services district 8 10 cost for a school district for a budget year is equal 8 11 to the special education support services district 8 12 cost per pupil for the budget year multiplied by the 8 13 special education support servicesweightedenrollment 8 14forserved in the district for the budget year. If 8 15 the special education support services district cost 8 16 for a school district for a budget year is less than 8 17 the special education support services district cost 8 18 for that district for the base year, the department of 8 19 management shall adjust the special education support 8 20 services district cost for that district for the 8 21 budget year to equal the special education support 8 22 services district cost for the base year. 8 23 Sec. . Section 257.10, subsection 8, unnumbered 8 24 paragraph 1, Code 1997, is amended to read as follows: 8 25 Combined district cost is the sum of theregular8 26programtotal district costper pupil multiplied by8 27the weighted enrollmentand the special education 8 28 support services district cost, plus the additional 8 29 district cost allocated to the district to fund media 8 30 services and educational services provided through the 8 31 area education agency. 8 32 Sec. . NEW SECTION. 257.13 EQUALIZING TOTAL 8 33 DISTRICT COST PER PUPIL. 8 34 1. Total district cost per pupil in each district 8 35 shall fall within an acceptable range, the lower limit 8 36 of which is the total state cost per pupil, and the 8 37 upper limit of which is the total district cost per 8 38 pupil of the district with the highest total district 8 39 cost per pupil. 8 40 2. For the budget year beginning July 1, 1998, the 8 41 department of management shall increase the total 8 42 district cost per pupil of each school district whose 8 43 total district cost per pupil is below the total state 8 44 cost per pupil, by one percent of the total state cost 8 45 per pupil not to exceed the state cost per pupil. For 8 46 each succeeding year the total district cost per pupil 8 47 shall be increased one percent until the total 8 48 district cost per pupil reaches the total state cost 8 49 per pupil. 8 50 3. When all districts with a total district cost 9 1 per pupil falling below the total state cost per pupil 9 2 have reached the total state cost per pupil, the upper 9 3 limit of the acceptable range is subject to review and 9 4 recommendation by the director of the department. 9 5 Sec. . Section 257.14, Code 1997, is amended by 9 6 adding the following new subsection: 9 7 NEW SUBSECTION. 4. For the budget year commencing 9 8 July 1, 1998, and each succeeding budget year, if the 9 9 department of management determines that the special 9 10 education district cost of a school district for a 9 11 budget year is less than the total of the special 9 12 education district cost plus any adjustment added 9 13 under this section for the base year for that school 9 14 district, the department of management shall provide a 9 15 budget adjustment for that district for that budget 9 16 year that is equal to the difference. 9 17 Sec. . Section 257.19, unnumbered paragraph 1, 9 18 Code 1997, is amended to read as follows: 9 19 The additional funding for the instructional 9 20 support program for a budget year is limited to an 9 21 amount not exceeding ten percent of the total of 9 22 regular program district cost for the budget year and 9 23 moneys received under section 257.14 as a budget 9 24 adjustment for the budget year. Moneys received by a 9 25 district for the instructional support program are 9 26 miscellaneous income and may be used for any general 9 27 fund purpose. However, moneys received by a district 9 28 for the instructional support program shall not be 9 29 used as, or in a manner which has the effect of, 9 30 supplanting funds authorized to be received under 9 31 sections 257.41, 257.46, 298.2, and 298.4, or to cover9 32any deficiencies in funding for special education9 33instructional services resulting from the application9 34of the special education weighting plan under section9 35256B.9." 9 36 #3. Page 14, by inserting after line 13 the 9 37 following: 9 38 "Sec. . Section 257.31, subsection 14, Code 9 39 1997, is amended by striking the subsection. 9 40 Sec. . Section 257.31, subsection 5, Code 1997, 9 41 is amended by adding the following new paragraph: 9 42 NEW PARAGRAPH. m. An unusual increase or decrease 9 43 in identification of pupils requiring special 9 44 education. 9 45 Sec. . Section 257.31, Code 1997, is amended by 9 46 adding the following new subsection: 9 47 NEW SUBSECTION. 18. The committee may grant 9 48 supplemental aid to a school district for the excess 9 49 costs of special education instructional services for 9 50 a pupil for which the special education instructional 10 1 services costs totaled more than seven times the 10 2 district's total district cost per pupil. The 10 3 supplemental aid is equal to the difference between 10 4 the cost of the special education instructional 10 5 services for the pupil for a year and seven times the 10 6 district's total district cost per pupil for that 10 7 year. There is appropriated from the general fund of 10 8 the state to the department of education for the use 10 9 of the school budget review an amount sufficient to 10 10 pay the supplemental aid under this subsection. 10 11 Supplemental aid granted to a district shall be added 10 12 to the district's state aid payments made under 10 13 section 257.16." 10 14 #4. Page 26, by inserting after line 19 the 10 15 following: 10 16 "Sec. . EFFECTIVE DATE. The provisions of this 10 17 Act amending sections 256B.8, 256B.9, 257.1, 257.2, 10 18 257.4, 257.6, 257.8 through 257.10, 257.13, 257.14, 10 19 257.19, and 257.31, being deemed of immediate 10 20 importance, shall take effect immediately upon 10 21 enactment for purposes of budget calculations for the 10 22 budget year beginning July 1, 1998." 10 23 #5. By renumbering as necessary. 10 24 10 25 10 26 10 27 JOHNIE HAMMOND 10 28 DENNIS H. BLACK 10 29 PATRICK J. DELUHERY 10 30 ROD HALVORSON 10 31 JOHN P. KIBBIE 10 32 ROBERT E. DVORSKY 10 33 MARY NEUHAUSER 10 34 PATTY JUDGE 10 35 SF 2366.501 77 10 36 kh/jw/28
Text: S05093 Text: S05095 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
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