House Amendment 8048
PAG LIN
1 1 Amend the amendment, H=8045, to Senate File 2088,
1 2 as amended, passed, and reprinted by the Senate, as
1 3 follows:
1 4 #1. Page 17, after line 18 by inserting: #___.
1 5 Page 161, after line 7 by inserting:
1 6 <Sec. ___. Section 234.1, subsection 2, paragraph
1 7 a, subparagraph (3), Code Supplement 2009, is amended
1 8 to read as follows:
1 9 (3) Has been identified by the director of special
1 10 education of the area education agency designated
1 11 community college as a child requiring special
1 12 education as defined in section 256B.2, subsection
1 13 1. For purposes of this subparagraph, "designated
1 14 community college" means the community college
1 15 designated to provide special education services
1 16 pursuant to section 256.9, subsection 60, paragraph
1 17 "b".
1 18 Sec. ___. Section 235.7, subsection 2, Code 2009,
1 19 is amended to read as follows:
1 20 2. Membership. The department may authorize the
1 21 governance boards of decategorization of child welfare
1 22 and juvenile justice funding projects established
1 23 under section 232.188 to appoint the transition
1 24 committee membership and may utilize the boundaries
1 25 of decategorization projects to establish the service
1 26 areas for transition committees. The committee
1 27 membership may include but is not limited to department
1 28 of human services staff involved with foster care,
1 29 child welfare, and adult services, juvenile court
1 30 services staff, staff involved with county general
1 31 relief under chapter 251 or 252, or of the central
1 32 point of coordination process implemented under
1 33 section 331.440, school district and area education
1 34 agency community college staff involved with special
1 35 education, and a child's court appointed special
1 36 advocate, guardian ad litem, service providers, and
1 37 other persons knowledgeable about the child. >#___.
1 38 Page 161, line 9, by striking <subsection> and
1 39 inserting <subsections> #___.
1 40 Page 161, after line 12 by inserting:
1 41 <NEW SUBSECTION. 60. a. Develop and maintain a
1 42 list of eligible special education services providers
1 43 throughout the state, which shall include all of the
1 44 area education agencies. The list may be divided by
1 45 areas of specialization. A school district may solicit
1 46 bids for special education services pursuant to section
1 47 273.9A from providers included on the list.
1 48 b. Designate a community college to assume the
1 49 responsibilities of the area education agencies
1 50 relating to special education services required
2 1 pursuant to chapters 256B and 273.
2 2 Sec. ___. Section 256.12, subsection 2, unnumbered
2 3 paragraph 1, Code 2009, is amended to read as follows:
2 4 This section does not deprive the respective boards
2 5 of public school districts of any of their legal
2 6 powers, statutory or otherwise, and in accepting
2 7 the specially enrolled students, each of the boards
2 8 shall prescribe the terms of the special enrollment,
2 9 including but not limited to scheduling of courses and
2 10 the length of class periods. In addition, the board
2 11 of the affected public school district shall be given
2 12 notice by the department of its decision to permit the
2 13 special enrollment not later than six months prior to
2 14 the opening of the affected public school district's
2 15 school year, except that the board of the public
2 16 school district may waive the notice requirement.
2 17 School districts and area education agency boards the
2 18 designated community college board shall make public
2 19 school services, which shall include special education
2 20 programs and services and may include health services,
2 21 services for remedial education programs, guidance
2 22 services, and school testing services, available to
2 23 children attending nonpublic schools in the same manner
2 24 and to the same extent that they are provided to public
2 25 school students. Service activities shall be similar
2 26 to those undertaken for public school students. Health
2 27 services, special education support, and related
2 28 services provided by area education agencies for the
2 29 purpose of identifying children with disabilities,
2 30 assistance with physical and communications needs of
2 31 students with physical disabilities, and services of an
2 32 educational interpreter may be provided on nonpublic
2 33 school premises with the permission of the lawful
2 34 custodian of the property. Other special education
2 35 services may be provided on nonpublic school premises
2 36 at the discretion of the school district or area
2 37 education agency provider of the service and with the
2 38 permission of the lawful custodian of the property.
2 39 For purposes of this subsection, "designated community
2 40 college" means the community college designated to
2 41 provide special education services pursuant to section
2 42 256.9, subsection 60, paragraph "b".
2 43 Sec. ___. Section 256B.2, subsection 2, Code
2 44 Supplement 2009, is amended to read as follows:
2 45 2. It is the policy of this state to require
2 46 school districts and state=operated educational
2 47 programs to provide or make provision, as an integral
2 48 part of public education, for a free and appropriate
2 49 public education sufficient to meet the needs of all
2 50 children requiring special education. This chapter
3 1 is not to be construed as encouraging separate
3 2 facilities or segregated programs designed to meet
3 3 the needs of children requiring special education
3 4 when the children can benefit from all or part of
3 5 the education program as offered by the local school
3 6 district. To the maximum extent possible, children
3 7 requiring special education shall attend regular
3 8 classes and shall be educated with children who do
3 9 not require special education. Whenever possible,
3 10 hindrances to learning and to the normal functioning
3 11 of children requiring special education within the
3 12 regular school environment shall be overcome by the
3 13 provision of special aids and services rather than
3 14 by separate programs for those in need of special
3 15 education. Special classes, separate schooling, or
3 16 other removal of children requiring special education
3 17 from the regular educational environment, shall occur
3 18 only when, and to the extent that the nature or
3 19 severity of the educational disability is such, that
3 20 education in regular classes, even with the use of
3 21 supplementary aids and services, cannot be accomplished
3 22 satisfactorily. For those children who cannot adapt to
3 23 the regular educational or home living conditions, and
3 24 who are attending facilities under chapters 263, 269,
3 25 and 270, upon the request of the board of directors
3 26 of an area education agency the designated community
3 27 college, the department of human services shall provide
3 28 residential or detention facilities and the area
3 29 education agency designated community college shall
3 30 provide special education programs and services.
3 31 The area education agencies designated community
3 32 college shall cooperate with the board of regents to
3 33 provide the services required by this chapter. For
3 34 purposes of this subsection, "designated community
3 35 college" means the community college designated to
3 36 provide special education services pursuant to section
3 37 256.9, subsection 60, paragraph "b".
3 38 Sec. ___. Section 257.35, subsection 1, Code
3 39 Supplement 2009, is amended to read as follows:
3 40 1. The For school budget years beginning prior to
3 41 July 1, 2010, the department of management shall deduct
3 42 the amounts calculated for special education support
3 43 services, media services, area education agency teacher
3 44 salary supplement district cost, area education agency
3 45 professional development supplement district cost, and
3 46 educational services for each school district from
3 47 the state aid due to the district pursuant to this
3 48 chapter and shall pay the amounts to the respective
3 49 area education agencies on a monthly basis from
3 50 September 15 through June 15 during each school year.
4 1 The department of management shall notify each school
4 2 district of the amount of state aid deducted for these
4 3 purposes and the balance of state aid shall be paid
4 4 to the district. If a district does not qualify for
4 5 state aid under this chapter in an amount sufficient to
4 6 cover its amount due to the area education agency as
4 7 calculated by the department of management, the school
4 8 district shall pay the deficiency to the area education
4 9 agency from other moneys received by the district, on a
4 10 quarterly basis during each school year.
4 11 Sec. ___. NEW SECTION. 257.35A Area education
4 12 agencies == state funding redirected.
4 13 1. Notwithstanding any provision of this chapter
4 14 to the contrary, for school budget years beginning
4 15 on or after July 1, 2010, the state aid funding for
4 16 special education support services, media services,
4 17 and educational services, and the area education
4 18 agency professional development supplement and area
4 19 education agency teacher salary supplement funding, as
4 20 calculated by this chapter, shall be paid directly to
4 21 the applicable school district.
4 22 2. A school district may solicit bids from the
4 23 designated community college or a special education
4 24 services provider authorized in accordance with section
4 25 256.9, subsection 60, to provide special education
4 26 services, media services, and educational services,
4 27 as those services are described in chapter 273.
4 28 However, the school district soliciting bids shall not
4 29 receive funding for its costs that exceeds the amount
4 30 determined under subsection 1.
4 31 Sec. ___. NEW SECTION. 260C.7 Designated community
4 32 college == special education powers and duties.
4 33 To the extent authorized by section 273.9A, the
4 34 board of the community college designated pursuant to
4 35 section 256.9, subsection 60, paragraph "b", shall
4 36 have the powers and duties with respect to community
4 37 colleges, not otherwise provided in this chapter,
4 38 which are prescribed for boards of directors of area
4 39 education agencies by chapter 273 relating to the
4 40 provision of special education services. >>
4 41 #2. Page 18, after line 35 by inserting: #___.
4 42 Page 166, after line 3 by inserting:
4 43 <Sec. ___. Section 299A.9, unnumbered paragraph 1,
4 44 Code 2009, is amended to read as follows:
4 45 A child of compulsory attendance age who is
4 46 identified as requiring special education under chapter
4 47 256B is eligible for placement under competent private
4 48 instruction with prior approval of the placement by the
4 49 director of special education of the area education
4 50 agency of the child's district of residence designated
5 1 community college. For purposes of this section,
5 2 "designated community college" means the community
5 3 college designated to provide special education
5 4 services pursuant to section 256.9, subsection 60,
5 5 paragraph "b".
5 6 Sec. ___. Section 598.21B, subsection 2, paragraph
5 7 e, subparagraph (1), subparagraph division (d), Code
5 8 Supplement 2009, is amended to read as follows:
5 9 (d) The parent has been identified by the
5 10 director of special education of the area education
5 11 agency designated community college as a child
5 12 requiring special education as defined in section
5 13 256B.2. For purposes of this subparagraph, "designated
5 14 community college" means the community college
5 15 designated to provide special education services
5 16 pursuant to section 256.9, subsection 60, paragraph
5 17 "b". >>
5 18 #3. Page 18, before line 44 by inserting: #___.
5 19 Page 166, before line 25 by inserting:
5 20 <Sec. ___. AREA EDUCATION AGENCIES == CESSATION
5 21 OF SPECIAL EDUCATION SERVICES AND RELATED
5 22 RESPONSIBILITIES. Notwithstanding chapters 256B
5 23 and 273 or any other provision of law to the contrary,
5 24 the area education agencies of this state shall not
5 25 be responsible for, and shall not provide, special
5 26 education services on or after July 1, 2010. An area
5 27 education agency shall not receive state, federal, or
5 28 local funding for the provision of special education
5 29 services after June 30, 2010, except to pay for special
5 30 education services provided by the area education
5 31 agency during the fiscal year beginning July 1, 2009.
5 32 Sec. ___. APPLICABILITY. The sections of this
5 33 division of this Act amending section 234.1, subsection
5 34 2, paragraph "a", subparagraph (3); section 235.7,
5 35 subsection 2; section 256.12, subsection 2, unnumbered
5 36 paragraph 1; section 256B.2, subsection 2; section
5 37 257.35, subsection 1; section 273.9, subsection 1;
5 38 section 299A.9, unnumbered paragraph 1, and section
5 39 598.21B, subsection 2, paragraph "e", subparagraph (d);
5 40 and enacting section 256.9, subsection 60; section
5 41 257.35A; section 260C.7, and section 273.9A; and the
5 42 section relating to the area education agencies and
5 43 cessation of special education services, related
5 44 responsibilities, apply to school budget years
5 45 beginning on or after July 1, 2010. >>
5 46 #4. By renumbering as necessary.
WATTS of Dallas
SF2088.688 (2) 83
kh/rj
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