Senate
File
475
S-3213
Amend
Senate
File
475
as
follows:
1
1.
Page
12,
after
line
31
by
inserting:
2
<
DIVISION
___
3
PAYMENT
OF
OUT-OF-STATE
INSTRUCTIONAL
COSTS
4
Sec.
___.
NEW
SECTION
.
282.28
Payment
of
out-of-state
5
instructional
costs
——
approval
——
appeal.
6
1.
The
district
of
residence
of
a
child
who
does
not
require
7
special
education
under
chapter
256B
shall
pay
for
the
actual
8
instructional
costs
of
the
child
during
any
period
of
time
that
9
the
child
is
at
a
location
outside
the
boundaries
of
the
state
10
and
receiving
medically
necessary
treatment
if
such
treatment
11
makes
continuing
the
child’s
education
through
independent
12
coursework,
homework,
or
supplemental
educational
materials
13
insufficient
to
provide
for
the
appropriate
education
of
the
14
child.
15
2.
For
purposes
of
this
section,
“instructional
costs”
16
means
the
cost
of
tutoring
or
mentoring
conducted
in
person
17
or
over
the
internet
for
courses
or
subjects
of
instruction
18
that
the
child
is
currently
enrolled
in
within
the
district
of
19
residence.
20
3.
A
request
for
payment
of
instructional
costs
under
this
21
section
shall
be
submitted
in
writing,
on
forms
prescribed
by
22
the
department
of
education,
to
the
board
of
directors
of
the
23
district
of
residence
by
the
child’s
parent
or
guardian.
In
24
addition
to
information
required
to
demonstrate
the
criteria
of
25
subsection
1,
the
request
shall
specify
the
persons
from
whom
26
tutoring
or
mentoring
services
are
being
sought,
the
courses
or
27
subjects
of
instruction
such
services
will
cover,
the
estimated
28
duration
and
time
periods
for
such
services,
and
the
estimated
29
cost,
including
any
applicable
hourly
rates,
of
such
services.
30
The
board
of
directors
may
approve
payment
for
all
or
a
portion
31
of
the
instructional
costs
or
may
disallow
the
request.
The
32
decision
of
the
board
of
directors
shall
be
issued
within
33
thirty
days
after
the
board
receives
all
information
required
34
to
be
included
with
the
request.
Unless
impracticable,
the
35
-1-
SF475.1648
(2)
87
kh/rj
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3
#1.
approved
instructional
costs
shall
be
paid
directly
from
the
1
district’s
general
fund
to
the
person
providing
the
tutoring
or
2
mentoring
services.
In
all
other
cases,
the
parent
or
guardian
3
shall
be
reimbursed
for
approved
instructional
costs
incurred.
4
4.
If
the
board
of
directors
disallows
the
request
of
a
5
parent
or
guardian
under
this
section,
the
board
shall
indicate
6
the
reasons
for
such
disallowance
and
notify
the
parent
or
7
guardian
that
the
decision
of
the
board
may
be
appealed
to
the
8
director
of
the
department
of
education.
An
appeal
of
the
9
board
of
directors’
decision
must
be
filed
with
the
director
of
10
the
department
of
education
within
ten
days
of
the
decision.
11
The
director,
or
the
director’s
designee,
shall
attempt
to
12
mediate
the
dispute
to
reach
agreement
by
both
the
parent
or
13
guardian
and
the
board
of
directors.
Mediation
between
the
14
board
of
directors
and
the
child’s
parent
or
guardian
shall
15
be
completed
within
ten
days
following
the
date
the
appeal
is
16
filed
with
the
director
of
the
department
of
education.
If
17
agreement
is
not
reached
under
mediation,
the
director
or
the
18
director’s
designee
shall
conduct
a
hearing
and
within
ten
days
19
following
the
hearing,
render
a
decision
upholding,
reversing,
20
or
modifying
the
decision
of
the
board
of
directors.
The
21
decision
of
the
director
may
be
appealed
to
the
state
board
of
22
education
under
chapter
290.
23
5.
A
child
that
meets
the
criteria
for
the
payment
of
24
instructional
costs
under
subsection
1
shall
continue
to
be
25
treated
as
a
pupil
of
the
district
of
residence
for
state
26
school
foundation
aid
purposes
under
section
257.6.
27
6.
The
state
board
of
education
shall
adopt
rules
necessary
28
to
implement
this
section.
29
Sec.
___.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
30
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
31
compliance
with
any
state
mandate
included
in
this
division
32
of
this
Act
shall
be
paid
by
a
school
district
from
state
33
school
foundation
aid
received
by
the
school
district
under
34
section
257.16.
This
specification
of
the
payment
of
the
state
35
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SF475.1648
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87
kh/rj
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3
cost
shall
be
deemed
to
meet
all
of
the
state
funding-related
1
requirements
of
section
25B.2,
subsection
3,
and
no
additional
2
state
funding
shall
be
necessary
for
the
full
implementation
of
3
this
division
of
this
Act
by
and
enforcement
of
this
division
4
of
this
Act
against
all
affected
school
districts.
5
Sec.
___.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
6
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
7
enactment.
>
8
2.
By
renumbering
as
necessary.
9
______________________________
JANET
PETERSEN
-3-
SF475.1648
(2)
87
kh/rj
3/
3
#2.