S.F. _____ H.F. _____ 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.6, Code 2009, is amended to read as 12 follows: 13 256B.6 Parent’s or guardian’s duties —— review. 14 1. When the school district or area education agency has 15 provided special education services and programs as provided 16 herein for any child requiring special education, either 17 by admission to a special class or by supportive services, 18 it shall be the duty of the parent or guardian to enroll 19 said the child for instruction in such special classes or 20 supportive services as may be established, except in the 21 event a doctor’s certificate is filed with the secretary 22 of the school district showing that it is inadvisable for 23 medical reasons for the child requiring special education to 24 receive the special education provided; all the provisions 25 and conditions of chapter 299 and amendments thereto shall 26 be applicable to this section, and any violations shall be 27 punishable as provided in said chapter 299 . 28 2. A child, or the parent or guardian of the child, or the 29 school district in which the child resides, may obtain a review 30 of an action or omission of state or local authorities pursuant 31 to the procedures established by the state board of education 32 on the ground that the child has been or is about to be: 33 1. a. Denied entry or continuance in a program of special 34 education appropriate to the child’s condition and needs. 35 -1- LSB 5412DP (4) 83 kh/nh 1/ 6

S.F. _____ H.F. _____ 2. b. Placed in a special education program which is 1 inappropriate to the child’s condition and needs. 2 3. c. Denied educational services because no suitable 3 program of education or related services is maintained. 4 4. d. Provided with special education which is insufficient 5 in quantity to satisfy the requirements of law. 6 5. e. Assigned to a program of special education when the 7 child does not have a disability. 8 3. When a child requiring special education attains the 9 age of majority or is incarcerated in an adult or juvenile, 10 state or local, correctional institution, all rights accorded 11 to the parent or guardian under this chapter transfer to the 12 child except as provided in this subsection. Any notice 13 required by this chapter shall be provided to both the child 14 who has reached the age of majority or is incarcerated in an 15 adult or juvenile, state or local, correctional institution, 16 and the parent or guardian. If rights under this chapter have 17 transferred to the child and the child has been determined 18 to be incompetent by a court or determined unable to provide 19 informed educational consent by a court or other competent 20 authority, then rights under this chapter shall be exercised by 21 the person who has been appointed to represent the educational 22 interest of the child. The director of the department of 23 education may establish standards for determining whether 24 a public agency, as defined in section 28E.2, is competent 25 to determine whether a child is unable to provide informed 26 educational consent, and the procedures by which such 27 determination shall be made and reviewed. 28 4. Notwithstanding section 17A.11, the state board of 29 education shall adopt rules for the appointment of an impartial 30 administrative law judge for special education appeals. The 31 rules shall comply with federal statutes and regulations. 32 Sec. 3. Section 256B.8, unnumbered paragraph 2, Code 2009, 33 is amended to read as follows: 34 An area education agency director of special education may 35 -2- LSB 5412DP (4) 83 kh/nh 2/ 6

S.F. _____ H.F. _____ request approval from the department of education to continue 1 the special education program of a person beyond the person’s 2 twenty-first birthday period specified in section 256B.2, 3 subsection 1, paragraph “a” , if the person had an accident or 4 prolonged illness that resulted in delays in the initiation of 5 or interruptions in that person’s special education program. 6 Approval may be granted by the department to continue the 7 special education program of that person for up to three years 8 or until the person’s twenty-fourth birthday. 9 Sec. 4. Section 256B.11, Code 2009, is amended to read as 10 follows: 11 256B.11 Program plans. 12 1. Program plans submitted to the department of education 13 pursuant to section 273.5 for approval by the director of the 14 department of education shall establish all of the following: 15 1. a. That there are sufficient children requiring special 16 education within the area. 17 2. b. That the service or program will be provided by the 18 most appropriate educational agency. 19 3. c. That the educational agency providing the service or 20 program has employed qualified special educational personnel. 21 4. d. That the instruction is a natural and normal 22 progression of a planned course of instruction. 23 5. e. That all revenue raised for support of special 24 education instruction and services is expended for actual 25 delivery of special education instruction or services. 26 6. f. Other factors as the state board may require. 27 2. Notwithstanding subsection 1 and section 273.5, 28 subsection 6, the director of the department of education may 29 authorize the area education agency to submit a statement 30 assuring that the requirements of subsection 1 are satisfied 31 in lieu of submitting a special education instructional and 32 support program plan. 33 Sec. 5. Section 256B.15, subsection 7, Code 2009, is amended 34 to read as follows: 35 -3- LSB 5412DP (4) 83 kh/nh 3/ 6

S.F. _____ H.F. _____ 7. The area education agencies shall transfer to the 1 department of education human services an amount equal to 2 eighty-four percent the nonfederal share of the payments 3 received from the medical assistance program provided pursuant 4 to chapter 249A. The nonfederal share amount shall be 5 transferred to the medical assistance account prior to claims 6 payment. This requirement does not apply to medical assistance 7 reimbursement for services provided by an area education agency 8 under part C of the federal Individuals With Disabilities 9 Education Act. Funds received under this section shall not be 10 considered or included as part of the area education agencies’ 11 budgets when calculating funds that are to be received by area 12 education agencies during a fiscal year. 13 Sec. 6. Section 257.11, subsection 8, Code Supplement 2009, 14 is amended to read as follows: 15 8. Pupils ineligible. A pupil eligible for the weighting 16 plan provided in section 256B.9 is not eligible for 17 supplementary weighting pursuant to this section unless it 18 is determined that the course generating the supplemental 19 weighting has no relationship to the pupil’s disability . A 20 pupil attending an alternative program or an at-risk pupils’ 21 program, including alternative high school programs, is not 22 eligible for supplementary weighting under subsection 2. 23 Sec. 7. STATE MANDATE FUNDING SPECIFIED. In accordance 24 with section 25B.2, subsection 3, the state cost of requiring 25 compliance with any state mandate included in this Act shall 26 be paid by a school district from state school foundation aid 27 received by the school district under section 257.16. This 28 specification of the payment of the state cost shall be deemed 29 to meet all of the state funding-related requirements of 30 section 25B.2, subsection 3, and no additional state funding 31 shall be necessary for the full implementation of this Act 32 by and enforcement of this Act against all affected school 33 districts. 34 -4- LSB 5412DP (4) 83 kh/nh 4/ 6

S.F. _____ H.F. _____ EXPLANATION 1 This bill makes Code changes related to special education 2 rights, duties, and responsibilities. 3 The bill amends Code section 256B.2 to add to the definition 4 of “children requiring special education” a provision allowing 5 such a child who reaches age 21 during an academic year to 6 elect to continue to receive special education services until 7 the academic year ends. A conforming change is made to Code 8 section 256B.8. 9 The bill also provides that when a child requiring special 10 education attains the age of majority or is incarcerated in a 11 correctional institution, the rights of the child’s parent or 12 guardian transfers to the child, and any notice to that child’s 13 parent or guardian must also be provided to the child. If the 14 child is determined to be incompetent, these rights shall be 15 exercised by the person appointed to represent the educational 16 interests of the child. 17 The bill authorizes the director of the department of 18 education to establish standards and procedures for determining 19 whether a public agency is competent to determine whether a 20 child is unable to provide informed educational consent, and 21 to authorize an area education agency to submit a statement 22 assuring its special education instruction and support program 23 plan meets the specific requirements established in Code 24 section 256B.11, subsection 1, rather than require the agency 25 to submit the actual plan to the department for approval. 26 The bill also directs area education agencies to transfer to 27 the department of human services, rather than the department 28 of education as provided in current law, an amount equal to 29 the nonfederal share of the payments received from the medical 30 assistance program, rather than 84 percent as provided in 31 current law, of payments received for medical assistance 32 services provided to children requiring special education. 33 The bill also provides that a pupil who is eligible 34 for special education weighting is not also eligible for 35 -5- LSB 5412DP (4) 83 kh/nh 5/ 6

S.F. _____ H.F. _____ supplementary weighting unless the course generating the 1 supplementary weighting has no relationship to the pupil’s 2 disability. 3 The bill may include a state mandate as defined in Code 4 section 25B.3. The bill requires that the state cost of 5 any state mandate included in the bill be paid by a school 6 district from state school foundation aid received by the 7 school district under Code section 257.16. The specification 8 is deemed to constitute state compliance with any state mandate 9 funding-related requirements of Code section 25B.2. The 10 inclusion of this specification is intended to reinstate the 11 requirement of political subdivisions to comply with any state 12 mandates included in the bill. 13 -6- LSB 5412DP (4) 83 kh/nh 6/ 6