H.F. 2497 Section 1. Section 256B.2, subsection 1, paragraph a, Code 1 Supplement 2009, is amended to read as follows: 2 a. “Children requiring special education” means persons under 3 twenty-one years of age, including children under five years of 4 age, who have a disability in obtaining an education because 5 of a head injury, autism, behavioral disorder, or physical, 6 mental, communication, or learning disability, as defined by 7 the rules of the department of education. If a child requiring 8 special education reaches the age of twenty-one during an 9 academic year, the child may elect to receive special education 10 services until the end of the academic year. 11 Sec. 2. Section 256B.3, Code 2009, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 14A. To submit copies of all reports the 14 division provides to the United States department of education 15 under part B of the federal Individuals with Disabilities 16 Education Act, as amended, including but not limited to any 17 report concerning disproportionate representation in special 18 education based on race or ethnicity, to the general assembly 19 on the date each such report is provided to the United States 20 department of education. 21 Sec. 3. Section 256B.6, Code 2009, is amended to read as 22 follows: 23 256B.6 Parent’s or guardian’s duties —— review. 24 1. When the school district or area education agency has 25 provided special education services and programs as provided 26 herein for any child requiring special education, either 27 by admission to a special class or by supportive services, 28 it shall be the duty of the parent or guardian to enroll 29 said the child for instruction in such special classes or 30 supportive services as may be established, except in the 31 event a doctor’s certificate is filed with the secretary 32 of the school district showing that it is inadvisable for 33 medical reasons for the child requiring special education to 34 receive the special education provided; all the provisions 35 -1- LSB 5412HV (2) 83 kh/nh 1/ 6

H.F. 2497 and conditions of chapter 299 and amendments thereto shall 1 be applicable to this section, and any violations shall be 2 punishable as provided in said chapter 299 . 3 2. A child, or the parent or guardian of the child, or the 4 school district in which the child resides, may obtain a review 5 of an action or omission of state or local authorities pursuant 6 to the procedures established by the state board of education 7 on the ground that the child has been or is about to be: 8 1. a. Denied entry or continuance in a program of special 9 education appropriate to the child’s condition and needs. 10 2. b. Placed in a special education program which is 11 inappropriate to the child’s condition and needs. 12 3. c. Denied educational services because no suitable 13 program of education or related services is maintained. 14 4. d. Provided with special education which is insufficient 15 in quantity to satisfy the requirements of law. 16 5. e. Assigned to a program of special education when the 17 child does not have a disability. 18 3. When a child requiring special education attains the 19 age of majority or is incarcerated in an adult or juvenile, 20 state or local, correctional institution, all rights accorded 21 to the parent or guardian under this chapter transfer to the 22 child except as provided in this subsection. Any notice 23 required by this chapter shall be provided to both the child 24 who has reached the age of majority or is incarcerated in an 25 adult or juvenile, state or local, correctional institution, 26 and the parent or guardian. If rights under this chapter have 27 transferred to the child and the child has been determined 28 to be incompetent by a court or determined unable to provide 29 informed educational consent by a court or other competent 30 authority, then rights under this chapter shall be exercised by 31 the person who has been appointed to represent the educational 32 interest of the child. The director of the department of 33 education may establish standards for determining whether 34 a public agency, as defined in section 28E.2, is competent 35 -2- LSB 5412HV (2) 83 kh/nh 2/ 6

H.F. 2497 to determine whether a child is unable to provide informed 1 educational consent, and the procedures by which such 2 determination shall be made and reviewed. 3 4. Notwithstanding section 17A.11, the state board of 4 education shall adopt rules for the appointment of an impartial 5 administrative law judge for special education appeals. The 6 rules shall comply with federal statutes and regulations. 7 Sec. 4. Section 256B.8, unnumbered paragraph 2, Code 2009, 8 is amended to read as follows: 9 An area education agency director of special education may 10 request approval from the department of education to continue 11 the special education program of a person beyond the person’s 12 twenty-first birthday period specified in section 256B.2, 13 subsection 1, paragraph “a” , if the person had an accident or 14 prolonged illness that resulted in delays in the initiation of 15 or interruptions in that person’s special education program. 16 Approval may be granted by the department to continue the 17 special education program of that person for up to three years 18 or until the person’s twenty-fourth birthday. 19 Sec. 5. Section 256B.11, Code 2009, is amended to read as 20 follows: 21 256B.11 Program plans. 22 1. Program plans submitted to the department of education 23 pursuant to section 273.5 for approval by the director of the 24 department of education shall establish all of the following: 25 1. a. That there are sufficient children requiring special 26 education within the area. 27 2. b. That the service or program will be provided by the 28 most appropriate educational agency. 29 3. c. That the educational agency providing the service or 30 program has employed qualified special educational personnel. 31 4. d. That the instruction is a natural and normal 32 progression of a planned course of instruction. 33 5. e. That all revenue raised for support of special 34 education instruction and services is expended for actual 35 -3- LSB 5412HV (2) 83 kh/nh 3/ 6

H.F. 2497 delivery of special education instruction or services. 1 6. f. Other factors as the state board may require. 2 2. Notwithstanding subsection 1 and section 273.5, 3 subsection 6, the director of the department of education may 4 authorize the area education agency to submit a statement 5 assuring that the requirements of subsection 1 are satisfied 6 in lieu of submitting a special education instructional and 7 support program plan. 8 Sec. 6. Section 256B.15, subsection 7, Code 2009, is amended 9 to read as follows: 10 7. The area education agencies shall transfer to 11 the department of education human services an amount 12 equal to eighty-four percent the nonfederal share of the 13 payments to be received from the medical assistance program 14 provided pursuant to chapter 249A. The nonfederal share 15 amount shall be transferred to the medical assistance account 16 prior to claims payment. This requirement does not apply to 17 medical assistance reimbursement for services provided by an 18 area education agency under part C of the federal Individuals 19 With Disabilities Education Act. Funds received under this 20 section shall not be considered or included as part of the area 21 education agencies’ budgets when calculating funds that are to 22 be received by area education agencies during a fiscal year. 23 Sec. 7. Section 257.11, subsection 8, Code Supplement 2009, 24 is amended to read as follows: 25 8. Pupils ineligible. A pupil eligible for the weighting 26 plan provided in section 256B.9 is not eligible for 27 supplementary weighting pursuant to this section unless it 28 is determined that the course generating the supplemental 29 weighting has no relationship to the pupil’s disability . A 30 pupil attending an alternative program or an at-risk pupils’ 31 program, including alternative high school programs, is not 32 eligible for supplementary weighting under subsection 2. 33 Sec. 8. STATE MANDATE FUNDING SPECIFIED. In accordance 34 with section 25B.2, subsection 3, the state cost of requiring 35 -4- LSB 5412HV (2) 83 kh/nh 4/ 6

H.F. 2497 compliance with any state mandate included in this Act shall 1 be paid by a school district from state school foundation aid 2 received by the school district under section 257.16. This 3 specification of the payment of the state cost shall be deemed 4 to meet all of the state funding-related requirements of 5 section 25B.2, subsection 3, and no additional state funding 6 shall be necessary for the full implementation of this Act 7 by and enforcement of this Act against all affected school 8 districts. 9 EXPLANATION 10 This bill makes Code changes related to special education 11 rights, duties, and responsibilities. 12 The bill amends Code section 256B.2 to add to the definition 13 of “children requiring special education” a provision allowing 14 such a child who reaches age 21 during an academic year to 15 elect to continue to receive special education services until 16 the academic year ends. A conforming change is made to Code 17 section 256B.8. 18 The bill also provides that when a child requiring special 19 education attains the age of majority or is incarcerated in a 20 correctional institution, the rights of the child’s parent or 21 guardian transfers to the child, and any notice to that child’s 22 parent or guardian must also be provided to the child. If the 23 child is determined to be incompetent, these rights shall be 24 exercised by the person appointed to represent the educational 25 interests of the child. 26 The bill authorizes the director of the department of 27 education to establish standards and procedures for determining 28 whether a public agency is competent to determine whether a 29 child is unable to provide informed educational consent, and 30 to authorize an area education agency to submit a statement 31 assuring its special education instruction and support program 32 plan meets the specific requirements established in Code 33 section 256B.11, subsection 1, rather than require the agency 34 to submit the actual plan to the department for approval. 35 -5- LSB 5412HV (2) 83 kh/nh 5/ 6

H.F. 2497 The bill also directs area education agencies to transfer to 1 the department of human services, rather than the department 2 of education as provided in current law, an amount equal to 3 the nonfederal share of the payments to be received from the 4 medical assistance program, rather than 84 percent as provided 5 in current law, of payments received for medical assistance 6 services provided to children requiring special education. 7 The bill also provides that a pupil who is eligible 8 for special education weighting is not also eligible for 9 supplementary weighting unless the course generating the 10 supplementary weighting has no relationship to the pupil’s 11 disability. 12 The bill requires the division of special education to 13 submit copies of all reports the department provides to the 14 U.S. department of education under part B of the federal 15 Individuals with Disabilities Education Act, including 16 but not limited to any report concerning disproportionate 17 representation in special education based on race or ethnicity. 18 The bill may include a state mandate as defined in Code 19 section 25B.3. The bill requires that the state cost of 20 any state mandate included in the bill be paid by a school 21 district from state school foundation aid received by the 22 school district under Code section 257.16. The specification 23 is deemed to constitute state compliance with any state mandate 24 funding-related requirements of Code section 25B.2. The 25 inclusion of this specification is intended to reinstate the 26 requirement of political subdivisions to comply with any state 27 mandates included in the bill. 28 -6- LSB 5412HV (2) 83 kh/nh 6/ 6