House
File
471
-
Introduced
HOUSE
FILE
471
BY
PETTENGILL
and
HEATON
A
BILL
FOR
An
Act
creating
an
Iowa
state
board
for
blind
and
deaf
1
education
with
authority
over
the
Iowa
school
for
the
deaf
2
and
the
Iowa
braille
and
sight
saving
school.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
259C.1
Definitions.
1
For
the
purposes
of
this
chapter,
unless
the
context
2
otherwise
requires:
3
1.
“Board”
means
the
Iowa
state
board
for
blind
and
deaf
4
education
created
by
this
chapter.
5
2.
“Director”
means
the
person
appointed
to
serve
as
the
6
chief
administrator
for
the
board
and
the
schools
under
this
7
chapter.
8
3.
“Schools”
means
both
the
Iowa
school
for
the
deaf
at
9
Council
Bluffs
and
the
Iowa
braille
and
sight
saving
school
at
10
Vinton.
11
Sec.
2.
NEW
SECTION
.
259C.2
Iowa
state
board
for
blind
and
12
deaf
education.
13
1.
An
Iowa
state
board
for
blind
and
deaf
education
is
14
created
with
authority
over
the
Iowa
school
for
the
deaf
and
15
the
Iowa
braille
and
sight
saving
school.
16
2.
The
voting
members
of
the
board
listed
in
this
subsection
17
shall
be
appointed
by
the
governor,
subject
to
confirmation
18
by
the
senate.
These
voting
members
shall
be
appointed
to
19
staggered
terms
of
three
years
beginning
and
ending
as
provided
20
in
section
69.19.
A
vacancy
shall
be
filled
for
the
unexpired
21
portion
of
the
term.
The
voting
members
of
the
board
appointed
22
by
the
governor
shall
consist
of
the
following:
23
a.
The
parent
of
a
child
with
a
severe
visual
impairment.
24
b.
The
parent
of
a
child
with
a
severe
hearing
loss.
25
c.
An
alumnus
of
the
Iowa
school
for
the
deaf.
26
d.
An
alumnus
of
the
Iowa
braille
and
sight
saving
school.
27
e.
An
employee
of
an
area
education
agency.
28
f.
An
employee
of
the
department
of
education.
29
g.
An
employee
of
the
department
of
human
services.
30
h.
A
representative
of
the
governor’s
developmental
31
disabilities
council.
32
i.
An
employee
of
a
school
district
who
works
with
the
33
district’s
program
for
pupils
with
sensory
impairments.
34
3.
In
addition
to
the
voting
members
listed
in
subsection
2,
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the
following
shall
also
serve
as
voting
members
of
the
board:
1
a.
The
superintendent
of
the
Iowa
school
for
the
deaf.
2
b.
The
superintendent
of
the
Iowa
braille
and
sight
saving
3
school.
4
4.
In
addition
to
the
voting
members,
the
following
shall
5
serve
as
ex
officio,
nonvoting
members
of
the
board:
6
a.
A
designee
of
the
governor’s
office.
7
b.
Four
members
of
the
general
assembly,
with
one
8
representative
each
appointed
by
the
speaker
and
the
minority
9
leader
of
the
house
of
representatives,
and
one
senator
each
10
appointed
by
the
majority
leader
and
the
minority
leader
of
the
11
senate.
A
legislative
member
serves
for
a
term
as
provided
in
12
section
69.16B.
13
Sec.
3.
NEW
SECTION
.
259C.3
Duties
of
the
board.
14
The
board
shall
perform
the
following
duties:
15
1.
Approve
policies
and
procedures
for
the
schools.
16
2.
Adopt
rules
in
accordance
with
chapter
17A
necessary
for
17
operation
of
the
schools.
18
3.
Approve
budgets
and
exercise
control
of
the
schools
and
19
the
property
and
other
resources
connected
with
the
schools.
20
4.
Continue
the
hall
of
fame
for
distinguished
graduates
21
at
the
Iowa
braille
and
sight
saving
school
and
at
the
Iowa
22
school
for
the
deaf
originally
established
by
the
state
board
23
of
regents
pursuant
to
section
262.9,
subsection
21,
Code
2011.
24
Sec.
4.
NEW
SECTION
.
259C.4
Director
of
state
board
for
25
blind
and
deaf
education.
26
1.
The
director
of
the
state
board
for
blind
and
deaf
27
education
shall
be
appointed
by
the
governor,
subject
to
28
confirmation
by
the
senate.
29
2.
The
duties
of
the
director
shall
include
the
following:
30
a.
Hiring
and
supervising
the
superintendents
of
the
31
schools.
32
b.
Recommending
policies
and
procedures
for
the
schools
33
and
ensuring
implementation
of
those
that
are
approved
by
the
34
board.
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c.
Recommending
rules
for
adoption
by
the
board.
1
d.
Managing
the
budgets,
property,
and
other
resources
2
connected
with
the
schools,
as
approved
by
the
board.
3
e.
Ensuring
the
schools
are
operated
in
accordance
with
the
4
applicable
requirements
of
the
state
board
of
education
and
the
5
department
of
education.
6
f.
Performing
other
duties
as
assigned
by
the
governor
and
7
the
board.
8
Sec.
5.
NEW
SECTION
.
259C.5
Iowa
school
for
the
deaf.
9
1.
The
Iowa
school
for
the
deaf,
heretofore
established
10
pursuant
to
chapter
270,
Code
2011,
in
Council
Bluffs
shall
11
provide
services
in
accordance
with
this
chapter
to
eligible
12
pupils.
13
2.
For
the
purposes
of
this
chapter,
an
“eligible
pupil”
at
14
the
Iowa
school
for
the
deaf
is
a
child
or
young
adult
resident
15
of
this
state
who
is
less
than
age
twenty-one,
has
a
hearing
16
loss
which
is
too
severe
to
allow
the
pupil
to
acquire
an
17
education
in
public
school
appropriate
to
the
pupil’s
needs,
18
and
the
pupil’s
parent,
guardian,
or
custodian
has
chosen
the
19
school
for
the
pupil.
20
3.
The
school
may
provide
services
to
child
or
young
21
adult
residents
less
than
age
twenty-one
who
have
additional
22
sensory
impairments,
developmental
disabilities,
or
physical
23
disabilities.
24
4.
A
child
or
young
adult
who
meets
the
definition
in
25
subsection
2
other
than
residency
may
be
considered
an
eligible
26
pupil
provided
the
child
or
young
adult
pays
the
costs
of
the
27
services
received
as
determined
by
the
board.
Such
cost
shall
28
not
be
less
than
the
average
expense
of
resident
eligible
29
pupils
and
shall
be
paid
in
advance.
30
Sec.
6.
NEW
SECTION
.
259C.6
Iowa
braille
and
sight
saving
31
school.
32
1.
The
Iowa
braille
and
sight
saving
school,
heretofore
33
established
pursuant
to
chapter
269,
Code
2011,
in
Vinton,
34
shall
provide
services
in
accordance
with
this
chapter
to
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eligible
pupils.
1
2.
For
the
purposes
of
this
chapter,
an
“eligible
pupil”
at
2
the
Iowa
braille
and
sight
saving
school
is
a
child
or
young
3
adult
resident
of
this
state
who
is
less
than
age
twenty-one,
4
has
a
visual
disability
which
is
too
severe
to
allow
the
pupil
5
to
acquire
an
education
in
public
school
appropriate
to
the
6
pupil’s
needs,
and
the
pupil’s
parent,
guardian,
or
custodian
7
has
chosen
the
school
for
the
pupil.
8
3.
The
school
may
provide
services
to
child
or
young
9
adult
residents
less
than
age
twenty-one
who
have
additional
10
sensory
impairments,
developmental
disabilities,
or
physical
11
disabilities.
12
4.
A
child
or
young
adult
who
meets
the
definition
in
13
subsection
2
other
than
residency
may
be
considered
an
eligible
14
pupil
provided
the
child
or
young
adult
pays
the
costs
of
the
15
services
received
as
determined
by
the
board.
Such
cost
shall
16
not
be
less
than
the
average
expense
of
resident
eligible
17
pupils
and
shall
be
paid
in
advance.
18
5.
The
school
may
provide
summer
programs
for
adults
with
19
a
severe
visual
disability
who
find
the
school
location
to
be
20
more
convenient
than
programs
offered
in
other
locations.
21
Sec.
7.
NEW
SECTION
.
259C.7
Services
provided.
22
1.
The
services
provided
at
or
available
through
both
23
schools
for
eligible
pupils
shall
include
but
are
not
limited
24
to
all
of
the
following:
25
a.
Education
programs
available
on
a
full-time,
part-time,
26
or
extended-day
basis,
depending
on
education
need.
27
b.
A
residential
program
which
incorporates
daily
living
and
28
social
skill
components
as
well
as
residential
accommodations.
29
In
order
to
participate
in
the
residential
program,
the
30
eligible
pupil
must
reside
more
than
twenty-five
miles
from
31
the
school
location.
The
residential
program
services,
32
activities,
and
transportation
shall
be
provided
at
no
charge
33
to
the
eligible
pupil’s
family
except
for
the
pupil’s
clothing,
34
toiletries,
school
supplies,
and
other
personal
necessary
items
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as
identified
by
the
schools.
1
c.
Outreach
services
which
may
include
any
of
the
following:
2
(1)
Orientation
and
mobility
consultation.
3
(2)
Addressing
the
special
needs
of
eligible
pupils
from
4
birth
through
age
six.
5
(3)
Professional
development.
6
(4)
Transition
services
for
children
and
young
adults
who
7
would
be
eligible
to
attend
or
are
attending
one
of
the
schools
8
and
are
age
fourteen
or
older.
9
(5)
Low
vision
evaluations.
10
(6)
Production
of
accessible
materials
that
comply
with
the
11
national
instructional
materials
accessibility
standard.
12
d.
A
summer
program
for
eligible
pupils
who
are
age
six
13
through
twenty.
The
program
shall
provide
vocational
and
job
14
experience
components.
15
e.
A
full
range
of
extracurricular
activities.
16
f.
Supportive
services
for
the
parents
and
family
of
17
eligible
pupils.
18
2.
a.
If
a
funding
source
or
program,
directed
to
children
19
and
young
adults
who
are
less
than
age
twenty-one
and
have
a
20
severe
hearing
loss
or
visual
disability
and
may
have
other
21
disabilities,
applies
a
requirement
for
the
use
of
the
least
22
restrictive
environment,
the
environment
at
the
Iowa
school
23
for
the
deaf
at
Council
Bluffs
and
the
Iowa
braille
and
sight
24
saving
school
at
Vinton,
as
appropriate
for
the
hearing
loss
or
25
visual
disability,
shall
be
considered
to
be
in
compliance
with
26
the
requirement.
27
b.
If
an
individual
resident
of
this
state
who
is
less
28
than
age
twenty-one
has
a
severe
hearing
loss
or
visual
29
disability,
the
individual
education
plan
developed
to
address
30
the
individual’s
needs
shall
evaluate
the
extent
to
which
the
31
continuum
of
services
available
in
the
individual’s
home
school
32
district
would
be
provided
in
the
least
restrictive
environment
33
available
to
the
individual.
In
order
for
the
individual
34
education
plan
for
the
individual
to
recommend
for
the
services
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to
be
provided
in
the
individual’s
home
school
district,
the
1
home
school
district
must
be
able
to
offer
the
individual
all
2
of
the
following:
3
(1)
The
individual
will
be
able
to
participate
fully
in
4
school
activities.
5
(2)
The
individual
will
be
able
to
function
at
grade
level
6
in
reading
and
math
and
receive
daily
instruction
in
the
7
appropriate
reading
media.
8
(3)
The
individual
will
be
able
to
travel
independently
9
within
the
school
facilities.
10
(4)
The
books,
materials
distributed,
and
other
educational
11
materials
will
be
available
in
the
reading
media
appropriate
12
for
the
individual’s
special
needs.
13
(5)
A
physical
education
program
will
be
available
to
14
facilitate
the
individual’s
full
participation.
15
(6)
The
individual
will
have
technology
available
to
fully
16
utilize
computers
and
access
the
internet
and
will
receive
17
instruction
in
the
use
of
appropriate
adaptive
computer
18
technology.
19
(7)
The
individual
will
be
able
to
interact
informally
with
20
other
children
and
young
adults
attending
the
school.
21
(8)
The
individual
will
have
opportunities
to
participate
22
in
extracurricular
activities.
23
(9)
The
individual
will
have
opportunities
to
participate
24
in
expanded
curriculum
during
the
regular
school
week.
25
Sec.
8.
NEW
SECTION
.
259C.8
Charges
to
counties.
26
1.
The
superintendents
of
the
schools
shall
certify
charges
27
attributable
to
each
county
for
the
services
provided
to
28
eligible
pupils
under
this
chapter
with
legal
settlement
in
the
29
county
that
are
comparable
to
the
charges
levied
to
a
county
30
for
services
provided
to
such
eligible
pupils
under
chapters
31
269
and
270,
Code
2011.
32
2.
a.
Each
superintendent
shall,
on
the
first
days
of
33
June
and
December
of
each
year,
certify
to
the
director
of
the
34
department
of
administrative
services
the
amounts
due
from
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counties
pursuant
to
subsection
1,
and
the
director
of
the
1
department
of
administrative
services
shall
credit
the
amounts
2
due
to
the
general
fund
of
the
state,
and
charge
the
amount
to
3
the
proper
county.
4
b.
Each
superintendent
shall,
at
the
time
of
sending
5
certification
to
the
director
of
the
department
of
6
administrative
services,
send
a
duplicate
copy
to
the
county
7
auditor
of
the
county
of
the
pupil’s
residence,
who
shall,
when
8
ordered
by
the
board
of
supervisors,
proceed
to
collect
the
9
same
by
action
if
necessary,
in
the
name
of
the
county,
and
10
when
so
collected,
shall
pay
the
same
into
the
county
treasury.
11
c.
The
county
auditor
shall,
upon
receipt
of
the
copy
of
12
the
certification,
pass
the
amounts
due
to
the
credit
of
the
13
state,
and
issue
a
notice
to
the
county
treasurer
authorizing
14
the
county
treasurer
to
transfer
the
amounts
due
to
the
15
general
state
revenue,
which
shall
be
filed
by
the
treasurer
16
as
authority
for
making
the
transfer,
and
the
county
treasurer
17
shall
include
the
amounts
in
the
next
remittance
of
state
taxes
18
to
the
treasurer
of
state,
designating
the
fund
to
which
the
19
amounts
belong.
20
d.
If
a
county
fails
to
pay
the
amounts
due
within
sixty
21
days
from
the
date
of
certification
from
the
superintendent,
22
the
director
of
the
department
of
administrative
services
shall
23
charge
the
delinquent
county
a
penalty
of
three-fourths
of
24
one
percent
per
month
on
and
after
sixty
days
from
the
date
25
of
certificate
until
paid.
The
penalties
collected
shall
be
26
credited
to
the
general
fund
of
the
state.
27
Sec.
9.
Section
252.16,
subsection
6,
paragraph
c,
Code
28
2011,
is
amended
to
read
as
follows:
29
c.
A
blind
person
who
is
an
inpatient
or
resident
of,
is
30
supported
by,
or
is
receiving
treatment
or
support
services
31
from
a
state
resource
center
created
under
chapter
222
,
a
32
state
mental
health
institute
created
under
chapter
226
,
the
33
Iowa
braille
and
sight
saving
school
administered
by
the
state
34
board
of
regents
Iowa
state
board
for
blind
and
deaf
education
,
35
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or
any
community-based
provider
of
treatment
or
services
for
1
mental
retardation,
developmental
disabilities,
mental
health,
2
or
substance
abuse,
does
not
acquire
legal
settlement
in
the
3
county
in
which
the
institution,
facility,
or
provider
is
4
located,
unless
the
blind
person
has
resided
in
the
county
in
5
which
the
institution,
facility,
or
provider
is
located
for
6
a
period
of
six
months
prior
to
the
date
of
commencement
of
7
receipt
of
assistance
under
the
laws
of
this
state
or
for
a
8
period
of
six
months
subsequent
to
the
date
of
termination
of
9
assistance
under
the
laws
of
this
state.
10
Sec.
10.
Section
256B.2,
subsection
2,
Code
2011,
is
amended
11
to
read
as
follows:
12
2.
It
is
the
policy
of
this
state
to
require
school
13
districts
and
state-operated
educational
programs
to
provide
14
or
make
provision,
as
an
integral
part
of
public
education,
15
for
a
free
and
appropriate
public
education
sufficient
to
16
meet
the
needs
of
all
children
requiring
special
education.
17
This
chapter
is
not
to
be
construed
as
encouraging
separate
18
facilities
or
segregated
programs
designed
to
meet
the
needs
19
of
children
requiring
special
education
when
the
children
20
can
benefit
from
all
or
part
of
the
education
program
as
21
offered
by
the
local
school
district.
To
the
maximum
extent
22
possible,
children
requiring
special
education
shall
attend
23
regular
classes
and
shall
be
educated
with
children
who
do
not
24
require
special
education.
Whenever
possible,
hindrances
to
25
learning
and
to
the
normal
functioning
of
children
requiring
26
special
education
within
the
regular
school
environment
shall
27
be
overcome
by
the
provision
of
special
aids
and
services
28
rather
than
by
separate
programs
for
those
in
need
of
special
29
education.
Special
classes,
separate
schooling,
or
other
30
removal
of
children
requiring
special
education
from
the
31
regular
educational
environment,
shall
occur
only
when,
and
32
to
the
extent
that
the
nature
or
severity
of
the
educational
33
disability
is
such,
that
education
in
regular
classes,
even
34
with
the
use
of
supplementary
aids
and
services,
cannot
be
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accomplished
satisfactorily.
For
those
children
who
cannot
1
adapt
to
the
regular
educational
or
home
living
conditions,
2
and
who
are
attending
facilities
under
chapters
259C
and
263
,
3
269
,
and
270
,
upon
the
request
of
the
board
of
directors
of
4
an
area
education
agency,
the
department
of
human
services
5
shall
provide
residential
or
detention
facilities
and
the
area
6
education
agency
shall
provide
special
education
programs
and
7
services.
The
area
education
agencies
shall
cooperate
with
8
the
board
of
regents
to
provide
the
services
required
by
this
9
chapter
.
10
Sec.
11.
Section
261E.6,
subsection
4,
paragraph
a,
Code
11
2011,
is
amended
to
read
as
follows:
12
a.
A
school
district,
the
Iowa
school
for
the
deaf,
the
13
Iowa
braille
and
sight
saving
school,
or
accredited
nonpublic
14
school
shall
grant
high
school
credit
to
an
eligible
student
15
enrolled
in
a
course
under
this
chapter
if
the
eligible
student
16
successfully
completes
the
course
as
determined
by
the
eligible
17
postsecondary
institution.
The
board
of
directors
of
the
18
school
district,
the
board
of
regents
Iowa
state
board
for
19
blind
and
deaf
education
for
the
Iowa
school
for
the
deaf
and
20
the
Iowa
braille
and
sight
saving
school,
or
authorities
in
21
charge
of
an
accredited
nonpublic
school
shall
determine
the
22
number
of
high
school
credits
that
shall
be
granted
to
an
23
eligible
student
who
successfully
completes
a
course.
Eligible
24
students
may
take
up
to
seven
semester
hours
of
credit
during
25
the
summer
months
when
school
is
not
in
session
and
receive
26
credit
for
that
attendance,
if
the
student
pays
the
cost
of
27
attendance
for
those
summer
credit
hours.
28
Sec.
12.
Section
261E.6,
subsection
6,
Code
2011,
is
amended
29
to
read
as
follows:
30
6.
Definition.
For
purposes
of
this
section
and
section
31
261E.7
,
unless
the
context
otherwise
requires,
“eligible
32
student”
means
a
student
classified
by
the
board
of
directors
33
of
a
school
district,
by
the
state
board
of
regents
Iowa
state
34
board
for
blind
and
deaf
education
for
pupils
of
the
Iowa
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school
for
the
deaf
and
the
Iowa
braille
and
sight
saving
1
school,
or
by
the
authorities
in
charge
of
an
accredited
2
nonpublic
school
as
a
ninth
or
tenth
grade
student
who
is
3
identified
according
to
the
school
district’s
gifted
and
4
talented
criteria
and
procedures,
pursuant
to
section
257.43
,
5
as
a
gifted
and
talented
child,
or
an
eleventh
or
twelfth
grade
6
student,
during
the
period
the
student
is
participating
in
the
7
postsecondary
enrollment
options
program.
8
Sec.
13.
Section
261E.7,
subsection
1,
unnumbered
paragraph
9
1,
Code
2011,
is
amended
to
read
as
follows:
10
Not
later
than
June
30
of
each
year,
a
school
district
11
shall
pay
a
tuition
reimbursement
amount
to
a
postsecondary
12
institution
that
has
enrolled
its
resident
eligible
13
students
under
this
chapter
,
unless
the
eligible
student
is
14
participating
in
open
enrollment
under
section
282.18
,
in
which
15
case,
the
tuition
reimbursement
amount
shall
be
paid
by
the
16
receiving
district.
However,
if
a
child’s
residency
changes
17
during
a
school
year,
the
tuition
shall
be
paid
by
the
district
18
in
which
the
child
was
enrolled
as
of
the
date
specified
in
19
section
257.6,
subsection
1
,
or
the
district
in
which
the
child
20
was
counted
under
section
257.6,
subsection
1
,
paragraph
“a”
,
21
subparagraph
(6).
For
students
enrolled
at
the
Iowa
school
22
for
the
deaf
and
the
Iowa
braille
and
sight
saving
school,
the
23
state
board
of
regents
Iowa
state
board
for
blind
and
deaf
24
education
shall
pay
a
tuition
reimbursement
amount
by
June
30
25
of
each
year.
The
amount
of
tuition
reimbursement
for
each
26
separate
course
shall
equal
the
lesser
of:
27
Sec.
14.
Section
262.7,
subsections
4
and
5,
Code
2011,
are
28
amended
by
striking
the
subsections.
29
Sec.
15.
Section
262.9,
subsection
2,
Code
2011,
is
amended
30
to
read
as
follows:
31
2.
Elect
a
president
of
each
of
the
institutions
of
higher
32
learning;
a
superintendent
of
each
of
the
other
institutions;
33
a
treasurer
and
a
secretarial
officer
for
each
institution
34
annually;
professors,
instructors,
officers,
and
employees;
35
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and
fix
their
compensation.
Sections
279.12
through
279.19
1
and
section
279.27
apply
to
employees
of
the
Iowa
braille
and
2
sight
saving
school
and
the
state
school
for
the
deaf,
who
3
are
licensed
pursuant
to
chapter
272
.
In
following
those
4
sections
in
chapter
279
,
the
references
to
boards
of
directors
5
of
school
districts
shall
be
interpreted
to
apply
to
the
board
6
of
regents.
7
Sec.
16.
Section
262.9,
subsection
21,
Code
2011,
is
amended
8
by
striking
the
subsection.
9
Sec.
17.
Section
262.43,
Code
2011,
is
amended
to
read
as
10
follows:
11
262.43
Students
residing
on
state-owned
land.
12
The
state
board
of
regents
shall
pay
to
the
local
school
13
boards
the
tuition
payments
and
transportation
costs,
as
14
otherwise
authorized
by
statutes
for
the
elementary
or
high
15
school
education
of
students
residing
on
land
owned
by
the
16
state
and
under
the
control
of
the
state
board
of
regents.
17
Such
payments
for
the
three
institutions
of
higher
learning,
18
the
state
university
of
Iowa,
the
Iowa
state
university
of
19
science
and
technology,
and
the
university
of
northern
Iowa,
20
shall
be
made
from
the
funds
of
the
respective
institutions
21
other
than
state
appropriations
,
and
for
the
two
noncollegiate
22
institutions,
the
Iowa
braille
and
sight
saving
school
and
the
23
state
school
for
the
deaf,
the
payments
and
costs
shall
be
paid
24
from
moneys
appropriated
to
the
state
board
of
regents
.
25
Sec.
18.
Section
263.12,
Code
2011,
is
amended
to
read
as
26
follows:
27
263.12
Payment
by
counties.
28
The
provisions
of
sections
270.4
to
270.8
,
inclusive,
29
section
259C.8
are
hereby
made
applicable
to
the
university
30
of
Iowa
hospitals
and
clinics’
center
for
disabilities
and
31
development.
32
Sec.
19.
Section
263.21,
Code
2011,
is
amended
to
read
as
33
follows:
34
263.21
Transfer
of
patients
from
state
institutions.
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The
director
of
the
department
of
human
services,
in
respect
1
to
institutions
under
the
director’s
control,
the
administrator
2
of
any
of
the
divisions
of
the
department,
in
respect
to
the
3
institutions
under
the
administrator’s
control,
the
director
of
4
the
department
of
corrections,
in
respect
to
the
institutions
5
under
the
department’s
control,
and
the
state
board
of
regents
6
state
board
for
blind
and
deaf
education
,
in
respect
to
the
7
Iowa
braille
and
sight
saving
school
and
the
Iowa
school
for
8
the
deaf,
may
send
any
inmate,
student,
or
patient
of
an
9
institution,
or
any
person
committed
or
applying
for
admission
10
to
an
institution,
to
the
university
of
Iowa
hospitals
and
11
clinics
for
treatment
and
care.
The
department
of
human
12
services,
the
department
of
corrections,
and
the
state
board
13
of
regents
state
board
for
blind
and
deaf
education
shall
14
respectively
pay
the
traveling
expenses
of
such
patient,
and
15
when
necessary
the
traveling
expenses
of
an
attendant
for
16
the
patient,
out
of
funds
appropriated
for
the
use
of
the
17
institution
from
which
the
patient
is
sent.
18
Sec.
20.
Section
331.381,
subsection
9,
Code
2011,
is
19
amended
to
read
as
follows:
20
9.
Comply
with
chapters
269
and
270
chapter
259C
in
regard
21
to
the
payment
of
costs
for
pupils
at
the
Iowa
braille
and
22
sight
saving
school
and
the
school
for
the
deaf.
23
Sec.
21.
Section
331.424,
subsection
1,
paragraph
a,
24
subparagraph
(1),
subparagraph
division
(c),
Code
2011,
is
25
amended
to
read
as
follows:
26
(c)
Clothing,
transportation,
medical,
or
other
services
27
provided
persons
attending
the
Iowa
braille
and
sight
saving
28
school,
the
Iowa
school
for
the
deaf,
or
the
university
of
Iowa
29
hospitals
and
clinics’
center
for
disabilities
and
development
30
for
children
with
severe
disabilities
at
Iowa
City,
for
which
31
the
county
becomes
obligated
to
pay
pursuant
to
sections
259C.8
32
and
263.12
,
269.2
,
and
270.4
through
270.7
.
33
Sec.
22.
Section
331.502,
subsection
18,
Code
2011,
is
34
amended
to
read
as
follows:
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18.
Carry
out
duties
relating
to
the
collection
and
payment
1
of
funds
for
educating
and
supporting
deaf
students
as
provided
2
in
sections
270.6
and
270.7
section
259C.8
.
3
Sec.
23.
Section
331.552,
subsection
13,
Code
2011,
is
4
amended
to
read
as
follows:
5
13.
Make
transfer
payments
to
the
state
for
school
expenses
6
for
blind
and
deaf
children
and
support
of
persons
with
mental
7
illness
as
provided
in
sections
230.21
,
269.2
,
and
270.7
and
8
259C.8
.
9
Sec.
24.
REPEAL.
Chapter
269,
Code
2011,
is
repealed.
10
Sec.
25.
REPEAL.
Chapter
270,
Code
2011,
is
repealed.
11
Sec.
26.
TRANSITION.
12
1.
The
state
board
of
regents
shall
administer
the
Iowa
13
school
for
the
deaf
and
the
Iowa
braille
and
sight
saving
14
school
in
accordance
with
the
requirements
of
this
Act
until
15
the
Iowa
state
board
for
blind
and
deaf
education
and
that
16
board’s
director
are
appointed.
Upon
order
of
the
governor
17
following
the
appointments,
the
administrative
responsibilities
18
shall
be
transferred
to
the
Iowa
state
board
for
blind
and
deaf
19
education
and
that
board’s
director.
20
2.
Appropriations
made
for
purposes
of
the
Iowa
school
for
21
the
deaf,
the
Iowa
braille
and
sight
saving
school,
and
the
22
Iowa
state
board
for
blind
and
deaf
education
for
the
fiscal
23
year
beginning
July
1,
2011,
shall
be
administered
by
the
24
department
of
management
until
the
governor’s
transfer
order
25
under
subsection
1
is
issued.
26
3.
Until
the
Iowa
state
board
for
blind
and
deaf
education
27
has
adopted
administrative
rules
and
procedures
to
implement
28
the
provisions
of
chapter
259C,
as
enacted
by
this
Act,
the
29
relevant
rules
and
procedures
for
the
Iowa
school
for
the
deaf
30
and
the
Iowa
braille
and
sight
saving
school
adopted
under
31
authority
of
the
state
board
of
regents
shall
continue
to
32
apply.
Any
contracts
relating
to
the
two
schools
entered
into
33
prior
to
July
1,
2011,
shall
continue
in
accordance
with
the
34
terms
of
those
contracts
until
expiration
of
the
contracts.
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Sec.
27.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
1
3,
shall
not
apply
to
this
Act.
2
EXPLANATION
3
This
bill
creates
an
Iowa
state
board
for
blind
and
deaf
4
education
with
authority
over
the
Iowa
school
for
the
deaf
and
5
the
Iowa
braille
and
sight
saving
school
in
place
of
the
state
6
board
of
regents.
7
New
Code
section
259C.1
provides
definitions.
8
New
Code
section
259C.2
creates
the
Iowa
state
board
for
9
blind
and
deaf
education,
with
voting
members
appointed
by
10
the
governor,
with
the
superintendents
of
the
schools
and
a
11
representative
of
the
governor’s
office
as
voting
members,
12
and
with
legislators
as
nonvoting
members.
The
governor’s
13
appointees
are
subject
to
senate
confirmation.
14
New
Code
section
259C.3
specifies
the
board’s
duties.
15
New
Code
section
259C.4
provides
for
appointment
of
a
16
director
for
the
board
and
specifies
duties.
17
New
Code
section
259C.5
addresses
the
Iowa
school
for
the
18
deaf
in
Council
Bluffs,
as
established
pursuant
to
Code
chapter
19
270,
Code
2011.
The
school
is
required
to
provide
services
to
20
eligible
pupils,
as
defined
in
the
Code
section.
21
New
Code
section
259C.6
addresses
the
Iowa
braille
and
22
sight
saving
school
in
Vinton,
as
established
pursuant
to
Code
23
chapter
269,
Code
2011.
The
school
is
required
to
provide
24
services
to
eligible
pupils,
as
defined
in
the
Code
section.
25
New
Code
section
259C.7
lists
services
required
to
26
be
provided
at
the
schools
and
provides
that
the
school
27
environments
are
to
be
considered
in
compliance
with
28
requirements
for
the
provision
of
services
in
the
least
29
restrictive
environment.
In
addition,
if
an
individual
30
education
plan
developed
for
an
individual
resident
of
this
31
state
who
is
less
than
age
21
and
has
a
severe
hearing
loss
32
or
visual
disability,
the
plan
developed
to
address
the
33
individual’s
needs
must
evaluate
the
extent
to
which
the
34
continuum
of
services
available
in
the
individual’s
home
school
35
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district
would
be
provided
in
the
least
restrictive
environment
1
available
to
the
individual
and
provides
a
list
of
criteria
for
2
that
purpose.
3
New
Code
section
259C.8
provides
procedures
for
charges
4
to
counties
for
eligible
pupils
with
legal
settlement.
The
5
charges
are
required
to
be
comparable
to
those
charged
for
6
services
at
the
schools
under
current
law.
7
Conforming
amendments
are
made
to
various
Code
provisions
8
to
reflect
the
change
in
administrative
responsibility
for
the
9
schools
and
internal
references.
Code
chapter
269,
relating
to
10
the
Iowa
braille
and
sight
saving
school,
and
Code
chapter
270,
11
relating
to
the
Iowa
school
for
the
deaf,
are
repealed.
12
A
transition
provision
requires
the
state
board
of
regents
13
to
administer
the
schools
in
accordance
with
the
bill
until
14
the
governor
appoints
the
new
board
and
director
and
orders
15
transfer
of
the
administrative
responsibility,
provides
16
for
administration
of
appropriations
for
the
schools
by
the
17
department
of
management
pending
the
appointments,
continues
18
rules
and
procedures
until
replaced,
and
continues
contracts.
19
The
bill
may
include
a
state
mandate
as
defined
in
Code
20
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
21
subsection
3,
which
would
relieve
a
political
subdivision
from
22
complying
with
a
state
mandate
if
funding
for
the
cost
of
23
the
state
mandate
is
not
provided
or
specified.
Therefore,
24
political
subdivisions
are
required
to
comply
with
any
state
25
mandate
included
in
the
bill.
26
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