House File 708 - Introduced HOUSE FILE BY TYMESON, DE BOEF, ROBERTS, HEATON, WATTS, and WINDSCHITL Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing special education school tuition grants. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1818YH 82 4 ak/je/5 PAG LIN 1 1 Section 1. Section 256.7, Code 2007, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 27. a. Adopt rules relating to 1 4 application for special education school tuition grants 1 5 pursuant to section 282.18A, including the following: 1 6 (1) Application forms, including an on=line application 1 7 form. 1 8 (2) Application processing timelines. 1 9 (3) Required information for submission by a parent or 1 10 guardian. 1 11 b. Adopt rules relating to qualifications necessary for a 1 12 nonpublic school to receive special education school tuition 1 13 grants, including the following: 1 14 (1) Penalties for nonpublic schools that intentionally 1 15 misrepresent information required by this subsection or 1 16 section 282.18A or that fail to refund special education 1 17 school tuition grant overpayments in a timely manner. 1 18 (2) A list of nonpublic schools ineligible to receive 1 19 special education school tuition grants. 1 20 Sec. 2. Section 257.6, subsection 1, Code 2007, is amended 1 21 by adding the following new paragraph: 1 22 NEW PARAGRAPH. g. Resident pupils receiving a special 1 23 education school tuition grant pursuant to section 282.18A. 1 24 Sec. 3. NEW SECTION. 282.18A SPECIAL EDUCATION SCHOOL 1 25 TUITION GRANTS. 1 26 1. As used in this section, "nonpublic school" means those 1 27 nonpublic schools accredited by the department of education as 1 28 provided in section 256.11 and nonpublic institutions that 1 29 comply with state board of education standards for providing 1 30 special education programs. 1 31 2. a. For the school budget year beginning July 1, 2008, 1 32 and succeeding budget years, a child requiring special 1 33 education as determined under section 256B.2, subsection 1, 1 34 shall be eligible to receive a special education school 1 35 tuition grant. 2 1 b. By March 1 of the year preceding the school year for 2 2 which the grant is requested, the parent or guardian of the 2 3 pupil wishing to receive a special education school tuition 2 4 grant shall submit an application to the department of 2 5 education, indicating that the parent or guardian intends to 2 6 enroll the child in a nonpublic school. Amounts received 2 7 pursuant to subsection 3 shall be used to pay the costs of 2 8 enrolling the pupil in a nonpublic school. 2 9 3. a. A special education school tuition grant received 2 10 by a parent or guardian pursuant to this section shall be in 2 11 an amount corresponding to the lesser of the state cost per 2 12 pupil for the previous school year as determined under section 2 13 256B.9, or the tuition charged by the nonpublic school to be 2 14 attended by the pupil. The amount of the special education 2 15 school tuition grant shall not exceed the actual costs 2 16 incurred in providing the required special education 2 17 instruction. 2 18 b. An amount payable as a special education school tuition 2 19 grant shall be paid in two payments on November 15 and March 2 20 15 of each fiscal year by the district of residence, payable 2 21 to the pupil's parent or guardian, and mailed to the nonpublic 2 22 school of the parent or guardian's choice. The parent or 2 23 guardian shall restrictively endorse the payment to the 2 24 nonpublic school for deposit into the school's account. 2 25 c. A parent or guardian may remove the pupil from the 2 26 nonpublic school and place the pupil into another nonpublic 2 27 school or return the pupil to a public school at any time. If 2 28 the pupil returns to public school, the special education 2 29 school tuition grant shall be pro rated based on the periods 2 30 of attendance at each school, and a refund from the nonpublic 2 31 school shall be sought by the department of education. The 2 32 parent or guardian is responsible for immediately notifying 2 33 the department of education when a change in placement occurs. 2 34 d. The special education school tuition grant shall be 2 35 paid to the nonpublic school each year until the pupil returns 3 1 to a public school, graduates from high school, or reaches 3 2 twenty=one years of age. 3 3 4. A pupil receiving a special education school tuition 3 4 grant pursuant to this section shall be counted, for state 3 5 school foundation aid purposes, in the pupil's district of 3 6 residence. 3 7 5. a. Because the pupil requires special education 3 8 pursuant to chapter 256B in order to qualify for a special 3 9 education school tuition grant, the tuition grant may be 3 10 utilized only if the pupil is enrolled in a nonpublic school 3 11 which maintains a special education instructional program that 3 12 is appropriate to meet the child's educational needs. 3 13 b. The department of education shall provide the parent or 3 14 guardian with a copy of the pupil's current individual 3 15 education plan. The nonpublic school shall follow the pupil's 3 16 individual education plan or develop a new individual 3 17 education plan that exceeds the goals of the current 3 18 individual education plan. The nonpublic school is required 3 19 to provide regular reports to the parent or guardian about the 3 20 pupil's progress to ensure the pupil is receiving appropriate 3 21 and beneficial educational care. 3 22 EXPLANATION 3 23 This bill provides for a special education school tuition 3 24 grant for children requiring special education as determined 3 25 under Code section 256B.2, subsection 1. 3 26 The bill defines a nonpublic school as a nonpublic school 3 27 that is accredited by the department of education as provided 3 28 in Code section 256.11 or a nonpublic institution that 3 29 complies with the state board of education standards for 3 30 providing special education programs. 3 31 The bill provides that for the school budget year beginning 3 32 July 1, 2008, and succeeding budget years, a child requiring 3 33 special education classes can receive a special education 3 34 school tuition grant to attend a nonpublic school. The bill 3 35 provides that the parent or guardian of the pupil wishing to 4 1 receive a special education school tuition grant shall submit 4 2 an application to the department of education by March 1 of 4 3 the year prior to the year for which the grant is requested, 4 4 on forms and according to procedures to be established by the 4 5 state board of education by rule. The bill provides that the 4 6 tuition grant shall be utilized by the parent or guardian to 4 7 pay the costs of enrolling the pupil in the eligible nonpublic 4 8 school of their choice. 4 9 The bill provides that the amount of the special education 4 10 school tuition grant shall be either the lesser of the state 4 11 cost per pupil for the previous school year or the tuition 4 12 charged by the nonpublic school to be attended by the pupil. 4 13 The bill provides that the amount of the special education 4 14 school tuition grant received shall be equivalent to the 4 15 actual costs incurred in providing the required special 4 16 education instruction. 4 17 The bill provides that amounts payable as a special 4 18 education school tuition grant shall be paid in two payments 4 19 on November 15 and March 15 of each fiscal year by the 4 20 district of residence, made payable to the pupil's parent or 4 21 guardian, and mailed to the nonpublic school of the parent or 4 22 guardian's choice. The parent or guardian shall then 4 23 restrictively endorse the payment to the nonpublic school for 4 24 deposit into the school's account. 4 25 A pupil's parent or guardian may remove the pupil from the 4 26 nonpublic school and place the pupil into another nonpublic 4 27 school or return the pupil to a public school at any time. 4 28 The parent or guardian is responsible for immediately 4 29 notifying the department of education when a change in 4 30 placement occurs. The special education school tuition grant 4 31 shall remain in effect until the pupil returns to a public 4 32 school, graduates from high school, or reaches twenty=one 4 33 years of age. 4 34 The bill provides that a pupil receiving a special 4 35 education school tuition grant shall be counted, for state 5 1 school foundation aid purposes, in the pupil's district of 5 2 residence. 5 3 The bill provides that a special education school tuition 5 4 grant may be utilized if the pupil is enrolled in a nonpublic 5 5 school which maintains a special education instructional 5 6 program that is appropriate to meet the child's educational 5 7 needs. The bill requires that the department of education 5 8 provide the parent or guardian with the pupil's current 5 9 individual education plan (IEP). The nonpublic school is 5 10 required to use the IEP to aid the pupil or to develop a new 5 11 IEP that sets higher educational goals. The nonpublic school 5 12 is required to submit regular reports to the parent or 5 13 guardian about the pupil's progress to ensure that the pupil 5 14 is receiving appropriate and beneficial educational care. 5 15 LSB 1818YH 82 5 16 ak:sc/je/5