House File 335

                                       HOUSE FILE       
                                       BY  HEATON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to state and local funding for the costs of
  2    providing educational services to children residing in
  3    psychiatric medical institutions for children and mental
  4    health institutes operated by the state, and providing
  5    effective date and retroactive applicability provisions.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 2016YH 80
  8 kh/pj/5

PAG LIN

  1  1    Section 1.  Section 282.27, Code 2003, is amended to read
  1  2 as follows:
  1  3    282.27  CHILDREN LIVING IN PSYCHIATRIC HOSPITALS OR
  1  4 INSTITUTIONS == PAYMENT.
  1  5    1.  The public school district in which is located a
  1  6 psychiatric unit of a hospital licensed under chapter 135B or
  1  7 a psychiatric medical institution for children licensed under
  1  8 chapter 135H, which is not operated by the state, shall be
  1  9 responsible for the provision of educational services to
  1 10 children residing in the unit or institution.  Children
  1 11 residing in the unit or institution shall be included in the
  1 12 basic enrollment of their districts of residence, as defined
  1 13 in section 282.31, subsection 4.
  1 14    The board of directors of each district of residence shall
  1 15 pay to the school district in which is located such
  1 16 psychiatric unit or institution, for the provision of
  1 17 educational services to the child, a portion of the district
  1 18 of residence's district cost per pupil for each of such
  1 19 children based upon the proportion that the time each child is
  1 20 provided educational services while in such unit or
  1 21 institution is to the total time for which the child is
  1 22 provided educational services during a normal school year.
  1 23    2.  a.  The department of human services shall provide
  1 24 educational services to children residing in a psychiatric
  1 25 medical institution for children licensed under chapter 135H
  1 26 and operated by the state and to children residing in a mental
  1 27 health institute under the jurisdiction of the director of
  1 28 human services in accordance with section 218.1, subsections 3
  1 29 and 5.  However, for the budget year beginning July 1, 2002,
  1 30 and for each succeeding budget year, the children residing in
  1 31 the institutions shall be included in the basic enrollment of
  1 32 their districts of residence, as defined in section 282.31,
  1 33 subsection 4.
  1 34    b.  The board of directors of each district of residence
  1 35 shall pay to the psychiatric medical institution for children
  2  1 or the mental health institute providing educational services
  2  2 to a child included in the basic enrollment of the district,
  2  3 in accordance with paragraph "a", a portion of the district of
  2  4 residence's district cost per pupil for each of such children
  2  5 based upon the proportion that the time each child is provided
  2  6 educational services while residing in the institution or
  2  7 institute is to the total time for which the child is provided
  2  8 educational services during the normal school year.
  2  9    Sec. 2.  EFFECTIVE DATE AND RETROACTIVE APPLICABILITY.
  2 10 This Act, being deemed of immediate importance, takes effect
  2 11 upon enactment and applies retroactively to the school budget
  2 12 year beginning July 1, 2002.
  2 13                           EXPLANATION
  2 14    This bill requires that children who reside in the Toledo
  2 15 and Eldora psychiatric medical institutions for children and
  2 16 children who reside in the Cherokee and Independence mental
  2 17 health institutes, for the budget year beginning July 1, 2002,
  2 18 and for each succeeding budget year, be included in the basic
  2 19 enrollment of their school districts of residence.
  2 20    Under the bill, the board of directors of each school
  2 21 district of residence must pay the institution or institute
  2 22 providing educational services to a child included in the
  2 23 district's basic enrollment, who receives educational services
  2 24 from the institution or institute, a portion of the district
  2 25 of residence's district cost per pupil for the child based
  2 26 upon the proportion that the time the child is provided
  2 27 educational services while residing in the institution or
  2 28 institute is to the total time for which the child is provided
  2 29 educational services during the normal school year.
  2 30 LSB 2016YH 80
  2 31 kh/pj/5.1