House File 2491 - Introduced



                                       HOUSE FILE       
                                       BY  PAULSEN


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

                                      A BILL FOR

  1 An Act relating to funding for special education services for
  2    children living in foster care or shelter care facilities or a
  3    juvenile detention home.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5754YH 82
  6 kh/sc/8

PAG LIN



  1  1    Section 1.  Section 282.30, subsection 2, Code 2007, is
  1  2 amended to read as follows:
  1  3    2.  The area education agency where the child is living,
  1  4 the school district of residence, the school district where
  1  5 the child is living, the other appropriate area education
  1  6 agency or agencies, and other appropriate agencies involved
  1  7 with the care or placement of the child shall cooperate with
  1  8 the school district where the child is living in sharing
  1  9 educational information, textbooks, curriculum, assignments,
  1 10 and materials in order to plan and to provide for the
  1 11 appropriate education of the child living in such facility
  1 12 specified in subsection 1.
  1 13    Sec. 2.  Section 282.31, subsection 2, paragraph a, Code
  1 14 Supplement 2007, is amended to read as follows:
  1 15    a.  The actual special education instructional costs
  1 16 incurred for a child who lives in a facility pursuant to
  1 17 section 282.19 or for a child who is placed in a facility or
  1 18 home pursuant to section 282.29, who requires special
  1 19 education and who is not enrolled in the educational program
  1 20 of the district of residence of the child but who receives an
  1 21 educational program from the district in which the facility or
  1 22 home is located facility or home in which the child is living,
  1 23 shall be paid by the district of residence of the child to the
  1 24 district in which the facility or home is located department
  1 25 of human services, and the costs shall include the cost of
  1 26 transportation.
  1 27    Sec. 3.  Section 282.31, subsections 3 and 5, Code
  1 28 Supplement 2007, are amended to read as follows:
  1 29    3.  The actual special education instructional costs,
  1 30 including transportation, for a child who requires special
  1 31 education shall be paid by the department of administrative
  1 32 services to the school district in which the facility or home
  1 33 is located department of human services, only when a district
  1 34 of residence cannot be determined, and the child was not
  1 35 included in the weighted enrollment of any district pursuant
  2  1 to section 256B.9, and the payment pursuant to subsection 2,
  2  2 paragraph "a", was not made by any district.  The district
  2  3 department of human services, in consultation with the area
  2  4 education agency, shall submit a proposed program and budget
  2  5 to the department of education by January 1 for the next
  2  6 succeeding school year.  The department of education shall
  2  7 review and approve or modify the program and proposed budget
  2  8 and shall notify the district department of human services by
  2  9 February 1.  The district department of human services shall
  2 10 submit a claim by August 1 following the school year for the
  2 11 actual cost of the program.  The department of education shall
  2 12 review and approve or modify the claim and shall notify the
  2 13 department of administrative services of the approved claim
  2 14 amount by September 1.  The total amount of the approved claim
  2 15 shall be paid by the department of administrative services to
  2 16 the school district department of human services by October 1.
  2 17 The total amount paid by the department of administrative
  2 18 services shall be deducted monthly from the state foundation
  2 19 aid paid under section 257.16 to all school districts in the
  2 20 state during the subsequent fiscal year.  The portion of the
  2 21 total amount of the approved claims that shall be deducted
  2 22 from the state aid of a school district shall be the same as
  2 23 the ratio that the budget enrollment for the budget year of
  2 24 the school district bears to the total budget enrollment in
  2 25 the state for the budget year in which the deduction is made.
  2 26 The department of administrative services shall transfer the
  2 27 total amount of the approved claims from moneys appropriated
  2 28 under section 257.16 for payment to the school district
  2 29 department of human services.
  2 30    5.  Programs may be provided during the summer and funded
  2 31 under this section if the school district or department of
  2 32 human services, as appropriate, or area education agency
  2 33 determines a valid educational reason to do so.
  2 34                           EXPLANATION
  2 35    This bill directs the school district of residence of a
  3  1 child who is living in a foster care or shelter care facility
  3  2 or a juvenile detention home to pay the department of human
  3  3 services, rather than the school district in which the
  3  4 facility or home where the child is living is located as is
  3  5 currently required, the actual special education instructional
  3  6 costs incurred for the child.
  3  7    The department of human services, rather than the district
  3  8 in which the facility or home is located, must, after
  3  9 consultation with the area education agency, submit a proposed
  3 10 program and budget to the department of education by January 1
  3 11 for the next succeeding school year.  The department of
  3 12 education must review and approve or modify the program and
  3 13 proposed budget and notify the department of human services by
  3 14 February 1.  The bill makes the department of human services
  3 15 responsible for submitting a claim, which the department of
  3 16 education also must review and approve or modify.  Once
  3 17 notified by the department of education of the amount of the
  3 18 claim approved, the department of administrative services
  3 19 makes payment to the department of human services.
  3 20    The bill directs the area education agency where the child
  3 21 is living, the school district of residence, the school
  3 22 district where the child is living, the other appropriate area
  3 23 education agency or agencies, and other appropriate agencies
  3 24 involved with the care or placement of the child to cooperate
  3 25 with the institution in which the child is living in sharing
  3 26 educational information, textbooks, curriculum, assignments,
  3 27 and materials in order to plan and to provide for the
  3 28 appropriate education of the child living in such facility.
  3 29 Currently, all of these entities except the institution are
  3 30 required to cooperate with the school district in which the
  3 31 facility or home is located.
  3 32    The bill permits education programs to be provided during
  3 33 the summer and funded if the school district or department of
  3 34 human services, as appropriate, or area education agency
  3 35 determines a valid educational reason to do so.
  4  1 LSB 5754YH 82
  4  2 kh/sc/8