Text: HF00567                           Text: HF00569
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House File 568

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 256.7, subsection 10, Code 2003, is
  1  2 amended to read as follows:
  1  3    10.  Adopt rules pursuant to chapter 17A relating to
  1  4 educational programs and budget limitations for educational
  1  5 programs pursuant to sections 282.28, 282.29, 282.30, and
  1  6 282.31, and 282.33.
  1  7    Sec. 2.  Section 282.32, Code 2003, is amended to read as
  1  8 follows:
  1  9    282.32  APPEAL.
  1 10    An area education agency or local school district may
  1 11 appeal a decision made pursuant to section 282.28 or 282.31 to
  1 12 the state board of education.  The decision of the state board
  1 13 is final.
  1 14    Sec. 3.  NEW SECTION.  282.33  FUNDING FOR CHILDREN
  1 15 RESIDING IN STATE MENTAL HEALTH INSTITUTES OR INSTITUTIONS.
  1 16    1.  A child who resides in an institution for children
  1 17 under the jurisdiction of the director of human services
  1 18 referred to in section 218.1, subsection 3, 5, 7, or 8, and
  1 19 who is not enrolled in the educational program of the district
  1 20 of residence of the child, shall receive appropriate
  1 21 educational services.  The institution in which the child
  1 22 resides shall submit a proposed program and budget based on
  1 23 the average daily attendance of the children residing in the
  1 24 institution to the department of education and the department
  1 25 of human services by January 1 for the next succeeding school
  1 26 year.  The department of education shall review and approve or
  1 27 modify the proposed program and budget and shall notify the
  1 28 department of revenue and finance of its action by February 1.
  1 29 The department of revenue and finance shall pay the approved
  1 30 budget amount to the department of human services in monthly
  1 31 installments beginning September 15 and ending June 15 of the
  1 32 next succeeding school year.  The installments shall be as
  1 33 nearly equal as possible as determined by the department of
  1 34 revenue and finance, taking into consideration the relative
  1 35 budget and cash position of the state's resources.  The
  2  1 department of revenue and finance shall pay the approved
  2  2 budget amount for the department of human services from the
  2  3 moneys appropriated under section 257.16 and the department of
  2  4 human services shall distribute the payment to the
  2  5 institution.  The institution shall submit an accounting for
  2  6 the actual cost of the program to the department of education
  2  7 by August 1 of the following school year.  The department
  2  8 shall review and approve or modify all expenditures incurred
  2  9 in compliance with the guidelines adopted pursuant to section
  2 10 256.7, subsection 10, and shall notify the department of
  2 11 revenue and finance of the approved accounting amount.  The
  2 12 approved accounting amount shall be compared with any amounts
  2 13 paid by the department of revenue and finance to the
  2 14 department of human services and any differences added to or
  2 15 subtracted from the October payment made under this subsection
  2 16 for the next school year.  Any amount paid by the department
  2 17 of revenue and finance shall be deducted monthly from the
  2 18 state foundation aid paid under section 257.16 to all school
  2 19 districts in the state during the subsequent fiscal year.  The
  2 20 portion of the total amount of the approved budget that shall
  2 21 be deducted from the state aid of a school district shall be
  2 22 the same as the ratio that the budget enrollment for the
  2 23 budget year of the school district bears to the total budget
  2 24 enrollment in the state for that budget year in which the
  2 25 deduction is made.
  2 26    2.  Programs may be provided during the summer and funded
  2 27 under this section if the institution determines a valid
  2 28 educational reason to do so and the department of education
  2 29 approves the program in the manner provided in subsection 1.
  2 30    Sec. 4.  Section 282.28, Code 2003, is repealed.
  2 31    Sec. 5.  FY 2003-2004 FUNDING.  For purposes of providing
  2 32 funding for educational programs provided to children residing
  2 33 in an institution for children under the jurisdiction of the
  2 34 director of human services referred to in section 218.1,
  2 35 subsection 3, 5, 7, or 8, the institution providing such
  3  1 programs to children residing in the institution shall submit
  3  2 an estimated proposed program and budget based on the
  3  3 estimated average daily attendance of children who will likely
  3  4 be provided educational programs during the fiscal year
  3  5 beginning July 1, 2003, and ending June 30, 2004, to the
  3  6 department of education and the department of human services
  3  7 by August 1, 2003.  The department of education shall review
  3  8 and approve or modify the proposed program and budget and
  3  9 shall notify the department of revenue and finance of its
  3 10 action by September 1, 2003.  The department of revenue and
  3 11 finance shall pay the approved budget amount, and the
  3 12 department of human services shall distribute payments, as
  3 13 provided in section 282.33.  
  3 14                           EXPLANATION
  3 15    This bill modifies the procedures for authorizing and
  3 16 funding educational programs provided to children residing in
  3 17 institutions under the jurisdiction of the director of human
  3 18 services, specifically the mental health institutes at
  3 19 Cherokee and Independence, the state training school at
  3 20 Eldora, and the Iowa juvenile home at Toledo.
  3 21    The bill requires the institution in which a child resides
  3 22 to submit to the department of education a proposed program
  3 23 and budget for approval or modification.  Once a proposed
  3 24 program and budget are approved, the department of revenue and
  3 25 finance is directed to pay the approved budget amount in
  3 26 monthly installments to the department of human services,
  3 27 which will distribute the payments to the appropriate
  3 28 institutions.  Adjustments will be made to subtract or add to
  3 29 the October payment in the following year if costs were
  3 30 greater or less than proposed.
  3 31    Currently, the funding for the programs is derived from an
  3 32 appropriation made to the department of human services, though
  3 33 the area education agencies provide the Iowa juvenile home and
  3 34 the state training school with services under Code section
  3 35 282.28, which the bill repeals.  Under the bill, funding for
  4  1 the education programs will come from the moneys appropriated
  4  2 for school foundation aid.
  4  3    For FY 2003-2004, the bill compresses the deadlines and
  4  4 requires the institutions to provide to the department of
  4  5 education, and the department of human services, an estimated
  4  6 proposed program and budget based on the estimated average
  4  7 daily attendance of children who will likely be provided
  4  8 educational programs during the fiscal year.  
  4  9 LSB 2016HV 80
  4 10 kh/pj/5
     

Text: HF00567                           Text: HF00569
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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