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