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Senate File 287

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 282.18, subsection 7, Code 1997, is
  1  2 amended to read as follows:
  1  3    7.  A pupil participating in open enrollment shall be
  1  4 counted, for state school foundation aid purposes, in the
  1  5 pupil's district of residence.  A pupil's residence, for
  1  6 purposes of this section, means a residence under section
  1  7 282.1.  The board of directors of the district of residence
  1  8 shall pay to the receiving district the state cost per pupil
  1  9 for the previous school year open enrollment state aid amount
  1 10 per pupil, plus any moneys received for the pupil as a result
  1 11 of the non-English speaking weighting under section 280.4,
  1 12 subsection 3, for the previous school year multiplied by the
  1 13 state cost per pupil for the previous year.  The district of
  1 14 residence shall also transmit the phase III moneys allocated
  1 15 to the district for the previous year for the full-time
  1 16 equivalent attendance of the pupil, who is the subject of the
  1 17 request, to the receiving district specified in the request
  1 18 for transfer.  For purposes of this section, the open
  1 19 enrollment state aid amount per pupil is calculated by
  1 20 subtracting the per pupil amount raised by the foundation
  1 21 property tax in the district for the previous year from the
  1 22 regular program foundation base per pupil for the previous
  1 23 year.
  1 24    Sec. 2.  Section 282.18, subsection 9, Code 1997, is
  1 25 amended to read as follows:
  1 26    9.  If a parent or guardian of a child, who is
  1 27 participating in open enrollment under this section, moves to
  1 28 a different school district during the course of either
  1 29 district's academic year, the child's first district of
  1 30 residence shall be responsible for payment of the cost per
  1 31 pupil amount specified in subsection 7 plus weightings or
  1 32 special education costs to the receiving school district for
  1 33 the balance of the school year in which the move took place.
  1 34 The new district of residence shall be responsible for the
  1 35 payments during succeeding years.
  2  1    If a request to transfer is due to a change in family
  2  2 residence, change in the state in which the family residence
  2  3 is located, a change in a child's parents' marital status, a
  2  4 guardianship proceeding, placement in foster care, adoption,
  2  5 participation in a foreign exchange program, or participation
  2  6 in a substance abuse or mental health treatment program, and
  2  7 the child, who is the subject of the request, is not currently
  2  8 using any provision of open enrollment, the parent or guardian
  2  9 of the child shall have the option to have the child remain in
  2 10 the child's original district of residence under open
  2 11 enrollment with no interruption in the child's educational
  2 12 program.  If a parent or guardian exercises this option, the
  2 13 child's new district of residence is not required to pay the
  2 14 lower of the two district costs per pupil amount specified in
  2 15 subsection 7 or other costs to the receiving district until
  2 16 the start of the first full year of enrollment of the child.
  2 17    Quarterly payments shall be made to the receiving district.
  2 18    If the transfer of a pupil from one district to another
  2 19 results in a transfer from one area education agency to
  2 20 another, the sending district shall forward a copy of the
  2 21 request to the sending district's area education agency.  The
  2 22 receiving district shall forward a copy of the request to the
  2 23 receiving district's area education agency.  Any moneys
  2 24 received by the area education agency of the sending district
  2 25 for the pupil who is the subject of the request shall be
  2 26 forwarded to the receiving district's area education agency.
  2 27    A district of residence may apply to the school budget
  2 28 review committee if a student was not included in the resident
  2 29 district's enrollment count during the fall of the year
  2 30 preceding the student's transfer under open enrollment.
  2 31    Sec. 3.  Section 282.18, subsection 10, Code 1997, is
  2 32 amended to read as follows:
  2 33    10.  Notwithstanding section 285.1 relating to
  2 34 transportation of nonresident pupils, the parent or guardian
  2 35 is responsible for transporting the pupil without
  3  1 reimbursement to and from a point on a regular school bus
  3  2 route of the receiving district.  However, a receiving
  3  3 district may send school vehicles into the district of
  3  4 residence of the pupil using the open enrollment option under
  3  5 this section, for the purpose of transporting the pupil to and
  3  6 from school in the receiving district, if the boards of both
  3  7 the sending and receiving districts agree to this arrangement.
  3  8 If the pupil meets the economic eligibility requirements
  3  9 established by the department and state board of education,
  3 10 the sending district is responsible for providing
  3 11 transportation or paying the pro rata cost of the
  3 12 transportation to a parent or guardian for transporting the
  3 13 pupil to and from a point on a regular school bus route of a
  3 14 contiguous receiving district unless the cost of providing
  3 15 transportation or the pro rata cost of the transportation to a
  3 16 parent or guardian exceeds the average transportation cost per
  3 17 pupil transported for the previous school year in the
  3 18 district.  If the cost exceeds the average transportation cost
  3 19 per pupil transported for the previous school year, the
  3 20 sending district shall only be responsible for that average
  3 21 per pupil amount.  A sending district which provides
  3 22 transportation for a pupil to a contiguous receiving district
  3 23 under this subsection may withhold from the district cost per
  3 24 pupil amount specified in subsection 7, that is to be paid to
  3 25 the receiving district, an amount which represents the average
  3 26 or pro rata cost per pupil for transportation, whichever is
  3 27 less.
  3 28    Sec. 4.  This Act applies to school budget years beginning
  3 29 on or after July 1, 1997.  
  3 30                           EXPLANATION
  3 31    This bill provides that when a student is participating in
  3 32 open enrollment, the board of directors in the student's
  3 33 district of residence shall pay to the receiving district an
  3 34 amount representing the foundation aid per pupil remaining
  3 35 after property taxes per pupil are retained by the district of
  4  1 residence.  The bill provides that the amount paid to the
  4  2 receiving district shall be referred to as the open enrollment
  4  3 state aid amount per pupil.  The bill applies to school budget
  4  4 years beginning on or after July 1, 1997.  
  4  5 LSB 2134XS 77
  4  6 rn/sc/14
     

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