S-3213

   Amend Senate File 475 as follows:
   1.  Page 12, after line 31 by inserting: 
<DIVISION ___
PAYMENT OF OUT-OF-STATE INSTRUCTIONAL COSTS

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

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JANET PETERSEN