SSB 3135 (LSB 5412DP (4) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF EDUCATION BILL)

A BILL FOR

An Act relating to special education rights and duties and to the related duties and operations of the department of education and local school boards.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256B.2, subsection 1, paragraph a, Code Supplement 2009, is amended to read as follows:
   a.  “Children requiring special education” means persons under twenty-one years of age, including children under five years of age, who have a disability in obtaining an education because of a head injury, autism, behavioral disorder, or physical, mental, communication, or learning disability, as defined by the rules of the department of education.  If a child requiring special education reaches the age of twenty-one during an academic year, the child may elect to receive special education services until the end of the academic year.
    Sec. 2.  Section 256B.6, Code 2009, is amended to read as follows:
   256B.6  Parent’s or guardian’s duties —— review.
   1.  When the school district or area education agency has provided special education services and programs as provided herein for any child requiring special education, either by admission to a special class or by supportive services, it shall be the duty of the parent or guardian to enroll said the child for instruction in such special classes or supportive services as may be established, except in the event a doctor’s certificate is filed with the secretary of the school district showing that it is inadvisable for medical reasons for the child requiring special education to receive the special education provided; all the provisions and conditions of chapter 299 and amendments thereto shall be applicable to this section, and any violations shall be punishable as provided in said chapter 299.
   2.  A child, or the parent or guardian of the child, or the school district in which the child resides, may obtain a review of an action or omission of state or local authorities pursuant to the procedures established by the state board of education on the ground that the child has been or is about to be:
   1.  a.  Denied entry or continuance in a program of special education appropriate to the child’s condition and needs.
   2.  b.  Placed in a special education program which is inappropriate to the child’s condition and needs.
   3.  c.  Denied educational services because no suitable program of education or related services is maintained.
   4.  d.  Provided with special education which is insufficient in quantity to satisfy the requirements of law.
   5.  e.  Assigned to a program of special education when the child does not have a disability.
   3.  When a child requiring special education attains the age of majority or is incarcerated in an adult or juvenile, state or local, correctional institution, all rights accorded to the parent or guardian under this chapter transfer to the child except as provided in this subsection. Any notice required by this chapter shall be provided to both the child who has reached the age of majority or is incarcerated in an adult or juvenile, state or local, correctional institution, and the parent or guardian. If rights under this chapter have transferred to the child and the child has been determined to be incompetent by a court or determined unable to provide informed educational consent by a court or other competent authority, then rights under this chapter shall be exercised by the person who has been appointed to represent the educational interest of the child. The director of the department of education may establish standards for determining whether a public agency, as defined in section 28E.2, is competent to determine whether a child is unable to provide informed educational consent, and the procedures by which such determination shall be made and reviewed.
   4.  Notwithstanding section 17A.11, the state board of education shall adopt rules for the appointment of an impartial administrative law judge for special education appeals. The rules shall comply with federal statutes and regulations.
    Sec. 3.  Section 256B.8, unnumbered paragraph 2, Code 2009, is amended to read as follows:
   An area education agency director of special education may request approval from the department of education to continue the special education program of a person beyond the person’s twenty-first birthday period specified in section 256B.2, subsection 1, paragraph “a”, if the person had an accident or prolonged illness that resulted in delays in the initiation of or interruptions in that person’s special education program. Approval may be granted by the department to continue the special education program of that person for up to three years or until the person’s twenty-fourth birthday.
    Sec. 4.  Section 256B.11, Code 2009, is amended to read as follows:
   256B.11  Program plans.
   1.  Program plans submitted to the department of education pursuant to section 273.5 for approval by the director of the department of education shall establish all of the following:
   1.  a.  That there are sufficient children requiring special education within the area.
   2.  b.  That the service or program will be provided by the most appropriate educational agency.
   3.  c.  That the educational agency providing the service or program has employed qualified special educational personnel.
   4.  d.  That the instruction is a natural and normal progression of a planned course of instruction.
   5.  e.  That all revenue raised for support of special education instruction and services is expended for actual delivery of special education instruction or services.
   6.  f.  Other factors as the state board may require.
   2.  Notwithstanding subsection 1 and section 273.5, subsection 6, the director of the department of education may authorize the area education agency to submit a statement assuring that the requirements of subsection 1 are satisfied in lieu of submitting a special education instructional and support program plan.
    Sec. 5.  Section 256B.15, subsection 7, Code 2009, is amended to read as follows:
   7.  The area education agencies shall transfer to the department of education human services an amount equal to eighty-four percent the nonfederal share of the payments received from the medical assistance program provided pursuant to chapter 249A. The nonfederal share amount shall be transferred to the medical assistance account prior to claims payment. This requirement does not apply to medical assistance reimbursement for services provided by an area education agency under part C of the federal Individuals With Disabilities Education Act. Funds received under this section shall not be considered or included as part of the area education agencies’ budgets when calculating funds that are to be received by area education agencies during a fiscal year.
    Sec. 6.  Section 257.11, subsection 8, Code Supplement 2009, is amended to read as follows:
   8.  Pupils ineligible.  A pupil eligible for the weighting plan provided in section 256B.9 is not eligible for supplementary weighting pursuant to this section unless it is determined that the course generating the supplemental weighting has no relationship to the pupil’s disability. A pupil attending an alternative program or an at-risk pupils’ program, including alternative high school programs, is not eligible for supplementary weighting under subsection 2.
    Sec. 7.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected school districts.
EXPLANATION
   This bill makes Code changes related to special education rights, duties, and responsibilities.
   The bill amends Code section 256B.2 to add to the definition of “children requiring special education” a provision allowing such a child who reaches age 21 during an academic year to elect to continue to receive special education services until the academic year ends. A conforming change is made to Code section 256B.8.
   The bill also provides that when a child requiring special education attains the age of majority or is incarcerated in a correctional institution, the rights of the child’s parent or guardian transfers to the child, and any notice to that child’s parent or guardian must also be provided to the child. If the child is determined to be incompetent, these rights shall be exercised by the person appointed to represent the educational interests of the child.
   The bill authorizes the director of the department of education to establish standards and procedures for determining whether a public agency is competent to determine whether a child is unable to provide informed educational consent, and to authorize an area education agency to submit a statement assuring its special education instruction and support program plan meets the specific requirements established in Code section 256B.11, subsection 1, rather than require the agency to submit the actual plan to the department for approval.
   The bill also directs area education agencies to transfer to the department of human services, rather than the department of education as provided in current law, an amount equal to the nonfederal share of the payments received from the medical assistance program, rather than 84 percent as provided in current law, of payments received for medical assistance services provided to children requiring special education.
   The bill also provides that a pupil who is eligible for special education weighting is not also eligible for supplementary weighting unless the course generating the supplementary weighting has no relationship to the pupil’s disability.
   The bill may include a state mandate as defined in Code section 25B.3. The bill requires that the state cost of any state mandate included in the bill be paid by a school district from state school foundation aid received by the school district under Code section 257.16. The specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the bill.