S.F. _____ H.F. _____ Section 1. Section 282.27, Code 2015, is amended to read as 1 follows: 2 282.27 Children living in psychiatric hospitals or 3 institutions —— payment. 4 1. The public school district in which is located a 5 psychiatric unit of a hospital licensed under chapter 135B or 6 a psychiatric medical institution for children licensed under 7 chapter 135H , which is not operated by the state, is located 8 shall be responsible for the provision of educational services 9 to children residing in the unit or institution. Children 10 residing in the unit or institution shall be included in the 11 basic enrollment of their districts of residence, as defined in 12 section 282.31, subsection 4 . 13 2. The board of directors of each district of residence 14 shall pay to the school district in which such psychiatric unit 15 or institution is located such psychiatric unit or institution , 16 for the provision of educational services to the child, a 17 portion of the district of residence’s district cost per pupil 18 tuition rate prescribed by section 282.24 for students residing 19 within another school district for each of such children who 20 does not require special education, based upon the proportion 21 that the time each child is provided educational services while 22 in such unit or institution is to the total time for which 23 the child is provided educational services during a normal 24 school year. The actual special education instructional costs 25 incurred for a child who resides in the unit or institution 26 shall be paid by the district of residence of the child to the 27 district in which the unit or institution is located. 28 3. Notwithstanding subsection 2, if a child is placed in 29 the psychiatric unit or institution as a voluntary parental 30 placement, the district of residence is not responsible for the 31 instructional costs incurred for the provision of educational 32 services for the period of time the child is residing in such 33 unit or institution. 34 4. Notwithstanding section 282.24, if a child for whom all 35 -1- LSB 1120XD (7) 86 je/sc 1/ 4

S.F. _____ H.F. _____ of the following applies is placed in the psychiatric unit 1 or institution, the district of residence may use amounts 2 received as supplementary weighting pursuant to section 257.11, 3 subsection 4, to pay the instructional costs necessary to 4 address the child’s behavior during instructional time when 5 those services are not otherwise provided to students who do 6 not require special education and the costs exceed the costs 7 of instruction of pupils in a regular curriculum and the costs 8 exceed the maximum tuition rate prescribed by section 282.24: 9 a. The child does not require special education. 10 b. The child is not placed in the unit or institution as a 11 voluntary parental placement. 12 c. The child is not placed by the department of human 13 services or a court in a day program treatment program in such 14 psychiatric unit or institution. 15 d. The board of directors of the district of residence has 16 determined that the child is likely to inflict self-harm or 17 likely to harm another student. 18 5. Notwithstanding section 282.24, if a child for whom 19 all of the following applies is placed in the psychiatric 20 unit or institution, the district of residence may use the 21 funding for programs for returning dropouts and dropout 22 prevention calculated pursuant to section 257.41, to pay the 23 instructional costs necessary to address the child’s behavior 24 during instructional time when those services are not otherwise 25 provided to students who do not require special education 26 and the costs exceed the costs of instruction of pupils in 27 a regular curriculum, the costs exceed the maximum tuition 28 rate prescribed by section 282.24, and the child meets the 29 definition of a returning dropout or potential dropout in 30 section 257.39: 31 a. The child does not require special education. 32 b. The child is not placed in the unit or institution as a 33 voluntary parental placement. 34 c. The child is not placed by the department of human 35 -2- LSB 1120XD (7) 86 je/sc 2/ 4

S.F. _____ H.F. _____ services or a court in a day program treatment program in such 1 psychiatric unit or institution. 2 d. The board of directors of the district of residence has 3 determined that the child is likely to inflict self-harm or 4 likely to harm another student. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 Current law provides that the school district in which 9 a psychiatric unit of a licensed hospital or a licensed 10 psychiatric medical institution for children, not operated by 11 the state, is located shall be responsible for the provision 12 of educational services to children residing in the unit or 13 institution. The district of residence is required pay to the 14 school district in which the psychiatric unit or institution 15 is located a portion of the district of residence’s district 16 cost per pupil for each child based upon the proportion of the 17 time each child is provided educational services while in the 18 unit or institution to the total time for which the child is 19 provided educational services during a normal school year. 20 This bill provides that the required payment shall be 21 calculated based on the tuition rate prescribed by Code section 22 282.24 for students residing within another school district, 23 instead of the district of residence’s district cost per 24 pupil. Code section 282.24 provides that the maximum tuition 25 fee that may be charged for students residing within another 26 school district is the district cost per pupil of the receiving 27 district. The bill also provides that the actual special 28 education instructional costs incurred for a child who resides 29 in a unit or institution shall be paid by the district of 30 residence of the child to the district in which the unit or 31 institution is located, rather than the required tuition rate 32 amount. 33 The bill provides that if a child has been placed in the 34 psychiatric unit or institution as a voluntary parental 35 -3- LSB 1120XD (7) 86 je/sc 3/ 4

S.F. _____ H.F. _____ placement, the district of residence is not responsible for the 1 instructional costs incurred for the provision of educational 2 services for the period of time the child is residing in such 3 unit or institution. 4 The bill provides that, notwithstanding Code section 282.24, 5 if a child, who does not require special education, who is not 6 placed as a voluntary parental placement, who is not placed by 7 the department of human services or a court in a day program 8 treatment program in such psychiatric unit or institution, and 9 who the board of directors of the district of residence has 10 determined is likely to inflict harm on themselves or other 11 students, is placed in the psychiatric unit or institution, the 12 district of residence may use amounts received as supplementary 13 weighting pursuant to Code section 257.11, subsection 4, to 14 pay the instructional costs necessary to address the child’s 15 behavior during instructional time when those services are 16 not otherwise provided to students who do not require special 17 education and the costs exceed the costs of instruction of 18 pupils in a regular curriculum and the costs exceed the maximum 19 tuition rate prescribed by Code section 282.24. 20 The bill further provides that if such a child meets the 21 definition of returning dropout or potential dropout in 22 Code section 257.39, the district of residence may also use 23 the funding for programs for returning dropouts and dropout 24 prevention to pay the instructional costs necessary to address 25 the child’s behavior during instructional time when those 26 services are not otherwise provided to students who do not 27 require special education and the costs exceed the costs of 28 instruction of pupils in a regular curriculum, the costs exceed 29 the maximum tuition rate prescribed by Code section 282.24. 30 -4- LSB 1120XD (7) 86 je/sc 4/ 4