H.F. 472 Section 1. Section 256F.4, subsection 4, Code 2011, is 1 amended to read as follows: 2 4. A charter school or innovation zone school shall 3 enroll an eligible resident student who submits a timely 4 application unless the number of applications exceeds the 5 capacity of a program, class, grade level, or building. In 6 this case, students must be accepted by lot. A charter school 7 or innovation zone school may enroll an eligible nonresident 8 student who submits a timely application in accordance with 9 the student admission policy established pursuant to section 10 256F.5, subsection 1 . If the charter school or innovation zone 11 school enrolls an eligible nonresident student, the charter 12 school or innovation zone school shall notify the school 13 district of residence and the sending district not later than 14 March 1 of the preceding school year. Transportation for the 15 student shall be in accordance with section 282.18, subsection 16 10 . The sending district shall make payments to the charter 17 school or innovation zone consortium in the manner required 18 under section 282.18, subsection 7 . If the nonresident pupil 19 is also an eligible pupil under section 261E.6 , the innovation 20 zone consortium shall pay the tuition reimbursement amount to 21 an eligible postsecondary institution as provided in section 22 261E.7 . 23 Sec. 2. Section 261E.7, subsection 1, unnumbered paragraph 24 1, Code 2011, is amended to read as follows: 25 Not later than June 30 of each year, a school district 26 shall pay a tuition reimbursement amount to a postsecondary 27 institution that has enrolled its resident eligible 28 students under this chapter , unless the eligible student is 29 participating in open enrollment under section 282.18 , in which 30 case, the tuition reimbursement amount shall be paid by the 31 receiving district . However, if a child’s residency changes 32 during a school year, the tuition shall be paid by the district 33 in which the child was enrolled as of the date specified in 34 section 257.6, subsection 1 , or the district in which the child 35 -1- LSB 2534HH (6) 84 md/sc 1/ 5

H.F. 472 was counted under section 257.6, subsection 1 , paragraph “a” , 1 subparagraph (6). For students enrolled at the Iowa school 2 for the deaf and the Iowa braille and sight saving school, the 3 state board of regents shall pay a tuition reimbursement amount 4 by June 30 of each year. The amount of tuition reimbursement 5 for each separate course shall equal the lesser of: 6 Sec. 3. Section 282.18, subsections 7, 8, and 9, Code 2011, 7 are amended to read as follows: 8 7. A pupil participating in open enrollment shall be 9 counted, for state school foundation aid purposes, in the 10 pupil’s district of residence. A pupil’s residence, for 11 purposes of this section , means a residence under section 12 282.1 . The board of directors of the district of residence 13 shall pay to the receiving district the state cost per pupil 14 for the previous school year, plus any moneys received for 15 the pupil as a result of the non-English speaking weighting 16 under section 280.4, subsection 3 , for the previous school 17 year multiplied by the state cost per pupil for the previous 18 year. If the pupil participating in open enrollment is also 19 an eligible pupil under section 261E.6 , the receiving district 20 shall pay the tuition reimbursement amount to an eligible 21 postsecondary institution as provided in section 261E.7 . 22 8. If a request filed under this section is for a child 23 requiring special education under chapter 256B , the request to 24 transfer to the other district shall only be granted if the 25 receiving district maintains a special education instructional 26 program which is appropriate to meet the child’s educational 27 needs and the enrollment of the child in the receiving 28 district’s program would not cause the size of the class in 29 that special education instructional program in the receiving 30 district to exceed the maximum class size in rules adopted by 31 the state board of education for that program. For children 32 requiring special education, the board of directors of the 33 district of residence shall pay to the receiving district the 34 actual costs incurred in providing the appropriate special 35 -2- LSB 2534HH (6) 84 md/sc 2/ 5

H.F. 472 education. 1 9. a. If a parent or guardian of a child, who is 2 participating in open enrollment under this section , moves 3 to a different school district during the course of either 4 district’s academic year, the child’s first district of 5 residence shall be responsible for payment of the cost per 6 pupil plus weightings or special education costs to the 7 receiving school district for the balance of the school year in 8 which the move took place. The new district of residence shall 9 be responsible for the payments during succeeding years. 10 b. If a request to transfer is due to a change in family 11 residence, change in the state in which the family residence 12 is located, a change in a child’s parents’ marital status, a 13 guardianship proceeding, placement in foster care, adoption, 14 participation in a foreign exchange program, or participation 15 in a substance abuse or mental health treatment program, and 16 the child who is the subject of the request is enrolled in 17 any grade from kindergarten through grade twelve at the time 18 of the request and is not currently using any provision of 19 open enrollment, the parent or guardian of the child shall 20 have the option to have the child remain in the child’s 21 original district of residence under open enrollment with no 22 interruption in the child’s kindergarten through grade twelve 23 educational program. If a parent or guardian exercises this 24 option, the child’s new district of residence is not required 25 to pay the amount calculated in subsection 7 until the start of 26 the first full year of enrollment of the child. 27 c. Quarterly payments shall be made to the receiving 28 district. 29 d. If the transfer of a pupil from one district to another 30 results in a transfer from one area education agency to 31 another, the sending district shall forward a copy of the 32 request to the sending district’s area education agency. The 33 receiving district shall forward a copy of the request to 34 the receiving district’s area education agency. Any moneys 35 -3- LSB 2534HH (6) 84 md/sc 3/ 5

H.F. 472 received by the area education agency of the sending district 1 for the pupil who is the subject of the request shall be 2 forwarded to the receiving district’s area education agency. 3 e. b. A district of residence may apply to the school 4 budget review committee if a student was not included in the 5 resident district’s enrollment count during the fall of the 6 year preceding the student’s transfer under open enrollment. 7 Sec. 4. Section 282.18, subsection 10, paragraph c, Code 8 2011, is amended to read as follows: 9 c. If the pupil meets the economic eligibility requirements 10 established by the department and state board of education, the 11 sending district is responsible for providing transportation 12 or paying the pro rata cost of the transportation to a parent 13 or guardian for transporting the pupil to and from a point 14 on a regular school bus route of a contiguous receiving 15 district unless the cost of providing transportation or the 16 pro rata cost of the transportation to a parent or guardian 17 exceeds the average transportation cost per pupil transported 18 for the previous school year in the district. If the cost 19 exceeds the average transportation cost per pupil transported 20 for the previous school year, the sending district shall 21 only be responsible for that average per pupil amount. A 22 sending district which provides transportation for a pupil 23 to a contiguous receiving district under this subsection may 24 withhold, from the district cost per pupil amount that is to 25 be paid to the receiving district, an amount which represents 26 the average or pro rata cost per pupil for transportation, 27 whichever is less. 28 Sec. 5. Section 282.18, subsection 15, Code 2011, is amended 29 to read as follows: 30 15. a. If a request under this section is for transfer to 31 a laboratory school, as described in chapter 256G, the student 32 who is the subject of the request shall be included in the 33 basic enrollment of the student’s district of residence and the 34 board of directors of the district of residence shall pay to 35 -4- LSB 2534HH (6) 84 md/sc 4/ 5

H.F. 472 a laboratory school the state cost per pupil for the previous 1 school year, plus any moneys received for the pupil as a result 2 of the non-English speaking weighting under section 280.4, 3 subsection 3, for the previous school year multiplied by the 4 state cost per pupil for the previous year . 5 b. Notwithstanding subsection 7, a district of residence 6 shall not be required to pay the state cost per pupil for a 7 student attending a laboratory school during the school year 8 beginning July 1, 2010, if the student was not included in the 9 district of residence’s enrollment count for funding purposes 10 in the school year beginning July 1, 2009. 11 EXPLANATION 12 This bill amends requirements relating to the payment of 13 certain funds between school districts for open-enrolling 14 pupils pursuant to Code section 282.18. Currently, the board 15 of directors of the pupil’s district of residence (sending 16 district) is required to pay to the district to which the 17 student is open enrolling (receiving district) the state 18 cost per pupil for the previous school year, plus any moneys 19 received for the pupil as a result of the non-English speaking 20 weighting under Code section 280.4, subsection 3, for the 21 previous school year multiplied by the state cost per pupil for 22 the previous year. The bill deletes this provision and makes 23 several additional conforming deletions relating to the payment 24 of certain funding for open enrolling pupils. Under the bill, 25 the sending district is not required to pay to the receiving 26 district such amounts and would retain the state cost per pupil 27 amount. 28 -5- LSB 2534HH (6) 84 md/sc 5/ 5