House File 568
HOUSE FILE
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO HF 335)
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 certain institutions for children under the jurisdiction of
3 the director of human services.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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.
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