Senate Study Bill 1236 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON QUIRMBACH) A BILL FOR An Act relating to school attendance requirements and school 1 attendance support programs and funding, and including 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2566XC (5) 86 kh/sc
S.F. _____ DIVISION I 1 ATTENDANCE SUPPORT PROGRAMS AND ATTENDANCE REQUIREMENTS 2 Section 1. Section 257.10, subsection 5, Code 2015, is 3 amended to read as follows: 4 5. Combined district cost per pupil. The combined district 5 cost per pupil for a school district is the sum of the regular 6 program district cost per pupil and the special education 7 support services district cost per pupil. Combined district 8 cost per pupil does not include a modified supplemental amount 9 added for school districts that have a negative balance of 10 funds raised for special education instruction programs, a 11 modified supplemental amount granted by the school budget 12 review committee for a single school year, or a modified 13 supplemental amount added for programs for dropout prevention 14 established pursuant to sections 257.38 through 257.41 . 15 Sec. 2. Section 257.11, subsection 4, paragraph a, Code 16 2015, is amended to read as follows: 17 a. In order to provide additional funding to school 18 districts for programs serving at-risk pupils , alternative 19 program and alternative school pupils in secondary schools, and 20 pupils identified as potential dropouts or returning dropouts 21 as defined in section 257.39, a supplementary weighting plan 22 for at-risk such pupils is adopted. A supplementary weighting 23 of forty-eight ten-thousandths per pupil shall be assigned 24 to the percentage of pupils in a school district enrolled in 25 grades one through six, as reported by the school district on 26 the basic educational data survey for the base year, who are 27 eligible for free and reduced price meals under the federal 28 National School Lunch Act and the federal Child Nutrition 29 Act of 1966, 42 U.S.C. §1751-1785, multiplied by the budget 30 enrollment in the school district; and a supplementary 31 weighting of one hundred fifty-six one-hundred-thousandths 32 per pupil shall be assigned to pupils included in the 33 budget enrollment of the school district. Amounts received 34 as supplementary weighting for at-risk pupils under this 35 -1- LSB 2566XC (5) 86 kh/sc 1/ 11
S.F. _____ subsection shall be utilized by a school district to develop 1 or maintain at-risk pupils’ programs, which may include 2 alternative programs and alternative school programs , and 3 returning dropout and dropout prevention programs approved 4 pursuant to section 257.40 . 5 Sec. 3. Section 257.11, subsection 4, Code 2015, is amended 6 by adding the following new paragraphs: 7 NEW PARAGRAPH . d. Up to five percent of the total amount 8 that a school district receives as supplementary weighting 9 pursuant to this subsection or as a modified supplemental 10 amount received under section 257.41, may be used in the budget 11 year for purposes of providing district-wide or building-wide 12 at-risk and dropout prevention programming targeted to pupils 13 who are not deemed at risk. 14 NEW PARAGRAPH . e. Notwithstanding paragraph “d” and section 15 282.24, if a pupil has been determined by the school district 16 to be likely to inflict self-harm or likely to harm another 17 pupil and all of the following apply, the school district may 18 use amounts received pursuant to paragraph “a” to pay the 19 instructional costs necessary to address the pupil’s behavior 20 during instructional time when those services are not otherwise 21 provided to pupils who do not require special education and the 22 costs exceed the costs of instruction of pupils in a regular 23 curriculum: 24 (1) The pupil does not require special education. 25 (2) The pupil is not in a court-ordered placement under 26 chapter 232 under the care and custody of the department of 27 human services or juvenile court services. 28 (3) The pupil is not in the state training school or the 29 Iowa juvenile home pursuant to a court order entered under 30 chapter 232 under the care and custody of the department of 31 human services. 32 (4) The pupil is not placed in a facility licensed under 33 chapter 135B, 135C, or 135H. 34 Sec. 4. Section 257.38, Code 2015, is amended to read as 35 -2- LSB 2566XC (5) 86 kh/sc 2/ 11
S.F. _____ follows: 1 257.38 Programs Funding for at-risk, alternative school, and 2 returning dropouts and dropout prevention programs —— plan . 3 1. Boards of school districts, individually or jointly with 4 boards of other school districts, requesting to use a modified 5 supplemental amount for costs in excess of the amount received 6 under section 257.11, subsection 4, for programs for at-risk 7 students, secondary students who attend alternative programs 8 and alternative schools, and returning dropouts and dropout 9 prevention, shall submit comprehensive program plans for the 10 programs and budget costs, including annual requests for a 11 modified supplemental amount for funding the programs, to the 12 department of education as a component of the comprehensive 13 school improvement plan submitted to the department pursuant to 14 section 256.7, subsection 21 . The program plans shall include: 15 a. Program goals, objectives, and activities to meet 16 the needs of children who may drop out of school students 17 identified as at risk, secondary students who attend 18 alternative programs and alternative schools, or potential 19 dropouts or returning dropouts . 20 b. Student identification criteria and procedures. 21 c. Staff in-service education design. 22 d. Staff utilization plans. 23 e. Evaluation criteria and procedures and performance 24 measures. 25 f. Program budget. 26 g. Qualifications required of personnel delivering the 27 program. 28 h. A provision for dropout prevention and integration of 29 dropouts into the educational program of the district for 30 at-risk students . 31 i. A provision for identifying dropouts at-risk students . 32 j. A program for returning dropouts. 33 k. j. Other factors the department requires. 34 2. Program plans shall identify the parts of the plan that 35 -3- LSB 2566XC (5) 86 kh/sc 3/ 11
S.F. _____ will be implemented first upon approval of the request. If a 1 district is requesting to use a modified supplemental amount 2 to finance the program, the school district shall not identify 3 more than five percent of its budget enrollment for the budget 4 year as returning dropouts and potential dropouts. 5 Sec. 5. Section 257.39, subsection 1, Code 2015, is amended 6 to read as follows: 7 1. “Returning dropouts” are resident pupils who have been 8 enrolled in a public or nonpublic school in any of grades 9 seven kindergarten through twelve who withdrew from school 10 for a reason other than transfer to another school or school 11 district and who subsequently enrolled in a public school in 12 the district. 13 Sec. 6. Section 257.39, subsection 2, unnumbered paragraph 14 1, Code 2015, is amended to read as follows: 15 “Potential dropouts” are resident pupils who are enrolled 16 in a public or nonpublic school in any of grades kindergarten 17 through twelve who demonstrate poor school adjustment as 18 indicated by two or more of the following: 19 Sec. 7. Section 257.39, subsection 2, Code 2015, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . f. Children toward whom harassment or 22 bullying, as defined in section 280.28, is directed. 23 Sec. 8. Section 257.40, Code 2015, is amended to read as 24 follows: 25 257.40 Approval of programs for at-risk pupils, alternative 26 programs and schools, and returning dropouts and dropout 27 prevention —— annual report . 28 1. The board of directors of a school district requesting 29 to use a modified supplemental amount for costs in excess of 30 the funding received under section 257.11, subsection 4, for 31 programs for at-risk students, secondary students who attend 32 alternative programs and alternative schools, or returning 33 dropouts and dropout prevention shall submit requests for a 34 modified at-risk supplemental amount, including budget costs, 35 -4- LSB 2566XC (5) 86 kh/sc 4/ 11
S.F. _____ to the department not later than December 15 of the year 1 preceding the budget year during which the program will be 2 offered. The department shall review the request and shall 3 prior to January 15 either grant approval for the request 4 or return the request for approval with comments of the 5 department included. An unapproved request for a program may 6 be resubmitted with modifications to the department not later 7 than February 1. Not later than February 15, the department 8 shall notify the department of management and the school budget 9 review committee of the names of the school districts for which 10 programs using a modified supplemental amount for funding have 11 been approved and the approved budget of each program listed 12 separately for each school district having an approved request. 13 2. Beginning January 15, 2007, the department shall submit 14 an annual report to the chairpersons and ranking members 15 of the senate and house education committees that includes 16 the ways school districts in the previous school year used 17 modified supplemental amounts approved under subsection 18 1 ; identifies, by grade level, age, and district size, the 19 students in the dropout and dropout prevention programs for 20 which the department approves a request; describes school 21 district progress toward increasing student achievement and 22 attendance for the students in the programs; and describes how 23 the school districts are using the revenues from the modified 24 supplemental amounts to improve student achievement among 25 minority subgroups. 26 Sec. 9. Section 257.41, subsections 1 and 2, Code 2015, are 27 amended to read as follows: 28 1. Budget. The budget of an approved program for at-risk 29 students, secondary students who attend alternative programs 30 or alternative schools, or returning dropouts and dropout 31 prevention for a school district, after subtracting funds 32 received under section 257.11, subsection 4, paragraphs “a” 33 through “c” , and from other sources for that purpose, including 34 any previous carryover, shall be funded annually on a basis 35 -5- LSB 2566XC (5) 86 kh/sc 5/ 11
S.F. _____ of one-fourth or more from the district cost of the school 1 district and up to three-fourths through establishment of a 2 modified supplemental amount. Annually, the department of 3 management shall establish a modified supplemental amount for 4 each such school district equal to the difference between the 5 approved budget for the program for returning dropouts and 6 dropout prevention for that district and the sum of the amount 7 funded from the district cost of the school district plus funds 8 received under section 257.11, subsection 4, and from other 9 sources for that purpose, including any previous carryover . 10 2. Appropriate uses of funding. Appropriate uses of the 11 returning dropout and dropout prevention program funding for an 12 approved program include but are not limited to the following: 13 a. Salary and benefits for instructional staff, 14 instructional support staff, and school-based youth services 15 staff who are working with students who are participating in 16 at-risk or dropout prevention programs, alternative programs, 17 and alternative schools, in a traditional or alternative 18 setting, if the staff person’s time is dedicated to working 19 with returning dropouts or such students who are deemed, at any 20 time during the school year, to be at risk of dropping out, 21 in order to provide services beyond those which are provided 22 by the school district to students who are not identified 23 as at risk of dropping out participating in such programs 24 or alternative schools . However, if the staff person works 25 part-time with students who are participating in returning 26 dropout and dropout prevention programs, alternative programs, 27 and alternative schools a program or alternative school and 28 the staff person has another unrelated staff assignment, 29 only the portion of the staff person’s time that is related 30 to the returning dropout and dropout prevention program , 31 alternative program, or alternative school may be charged to 32 the program or school . For purposes of this paragraph, if 33 an alternative setting is necessary to provide for a program 34 which is offered at a location off school grounds and which 35 -6- LSB 2566XC (5) 86 kh/sc 6/ 11
S.F. _____ is intended to serve student needs by improving relationships 1 and connections to school, decreasing truancy and tardiness, 2 providing opportunities for course credit recovery, or helping 3 students identified as at risk of dropping out to accelerate 4 through multiple grade levels of achievement within a shortened 5 time frame, the tuition costs for a student identified as at 6 risk of dropping out shall be considered an appropriate use of 7 the returning dropout and dropout prevention program funding 8 under this section . 9 b. Professional development for all teachers and staff 10 working with at-risk students and programs involving dropout 11 prevention strategies under a program or an alternative school 12 setting . 13 c. Research-based resources, materials, software, supplies, 14 and purchased services that meet all of the following criteria: 15 (1) Meets the needs of kindergarten through grade twelve 16 students identified as at risk of dropping out and of returning 17 dropouts . 18 (2) Are beyond those provided by the regular school program. 19 (3) Are necessary to provide the services listed in the 20 school district’s dropout prevention plan submitted pursuant 21 to section 257.38 . 22 (4) Will remain with the kindergarten through grade twelve 23 at-risk program, alternative program or alternative school, or 24 returning dropout and dropout prevention program. 25 d. Up to five percent of the total budgeted amount received 26 pursuant to subsection 1 may be used for purposes of providing 27 district-wide or building-wide returning dropout and dropout 28 prevention programming targeted to students who are not deemed 29 at risk of dropping out. 30 Sec. 10. Section 257.41, subsection 2, Code 2015, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . e. Harassment and bullying prevention 33 programs, training, and initiatives. 34 Sec. 11. Section 257.41, Code 2015, is amended by adding the 35 -7- LSB 2566XC (5) 86 kh/sc 7/ 11
S.F. _____ following new subsection: 1 NEW SUBSECTION . 4. Other uses. Notwithstanding subsection 2 2 and section 282.24, if a student has been determined by the 3 school district to be likely to inflict self-harm or likely to 4 harm another student and all of the following apply, the school 5 district may use the modified supplemental amount established 6 under subsection 1 to pay the instructional costs necessary to 7 address the student’s behavior during instructional time when 8 those services are not otherwise provided to students who do 9 not require special education and the costs exceed the costs of 10 instruction of students in a regular curriculum: 11 (1) The student does not require special education. 12 (2) The student is not in a court-ordered placement under 13 chapter 232 under the care and custody of the department of 14 human services or juvenile court services. 15 (3) The student is not in the state training school or the 16 Iowa juvenile home pursuant to a court order entered under 17 chapter 232 under the care and custody of the department of 18 human services. 19 (4) The pupil is not placed in a facility licensed under 20 chapter 135B, 135C, or 135H. 21 Sec. 12. Section 299.1A, subsection 1, Code 2015, is amended 22 to read as follows: 23 1. Except as provided in subsections 2 and 3 , a child 24 who has reached the age of six and is under sixteen eighteen 25 years of age by September 15 is of compulsory attendance age. 26 However, if a child enrolled in a school district or accredited 27 nonpublic school reaches the age of sixteen eighteen on or 28 after September 15, the child remains of compulsory age until 29 the end of the regular school calendar. 30 Sec. 13. STATE MANDATE FUNDING SPECIFIED. In accordance 31 with section 25B.2, subsection 3, the state cost of requiring 32 compliance with any state mandate included in this Act shall 33 be paid by a school district from state school foundation aid 34 received by the school district under section 257.16. This 35 -8- LSB 2566XC (5) 86 kh/sc 8/ 11
S.F. _____ specification of the payment of the state cost shall be deemed 1 to meet all of the state funding-related requirements of 2 section 25B.2, subsection 3, and no additional state funding 3 shall be necessary for the full implementation of this Act 4 by and enforcement of this Act against all affected school 5 districts. 6 Sec. 14. APPLICABILITY. The following provisions of this 7 Act apply to school budget years beginning on or after July 1, 8 2016: 9 1. The section of this Act enacting section 257.39, 10 subsection 2, paragraph “f” . 11 2. The section of this Act enacting section 257.41, 12 subsection 2, paragraph “e” . 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill makes changes relating to school attendance 17 requirements and support programs. 18 The bill modifies a provision that establishes supplementary 19 weighting for programs serving at-risk pupils and alternative 20 school pupils in secondary schools to add alternative programs 21 for secondary school pupils and programs for returning dropouts 22 and dropout prevention. 23 The bill expands the definitions of returning dropouts 24 and potential dropouts for purposes of returning dropout and 25 dropout prevention programs and services; program plans, 26 budgets, and appropriate uses of funding for such programs and 27 services; and for requests for and use of modified supplemental 28 amounts for such programs and services. 29 The bill also expands the definition of “potential dropouts” 30 to include children toward whom harassment or bullying is 31 directed and adds harassment and bullying prevention programs, 32 training, and initiatives to the list of appropriate uses of 33 the returning dropout and dropout prevention program funding. 34 These provision of the bill apply to school budget years 35 -9- LSB 2566XC (5) 86 kh/sc 9/ 11
S.F. _____ beginning on or after July 1, 2016. 1 The bill authorizes a school district to use, in the budget 2 year, up to 5 percent of the total supplementary weighting 3 amounts received pursuant to Code section 257.11, subsection 4, 4 or up to 5 percent of a modified supplemental amount received 5 pursuant to Code section 257.41 for at-risk pupils, alternative 6 program and alternative school pupils, or pupils in returning 7 dropout and dropout prevention programs, for purposes of 8 providing district-wide or building-wide at-risk and dropout 9 prevention programming targeted to students who are not deemed 10 at risk. 11 The bill strikes a provision that allows a school district 12 to use up to 5 percent of its total budgeted amount received 13 for an approved program for returning dropouts and dropout 14 prevention to be used for purposes of providing district-wide 15 or building-wide returning dropout and dropout prevention 16 programming targeted to students who are not deemed at risk of 17 dropping out. 18 The bill provides that when a student who does not require 19 special education and who is not in a court-ordered placement 20 under the care and custody of the department of human services 21 or juvenile court services and who is not in the state training 22 school or the Iowa juvenile home and who is not placed in 23 a hospital, health care facility, or psychiatric medical 24 institution for children and who has been determined by the 25 school district to be likely to inflict self-harm or likely 26 to harm another student, the school district may use the 27 supplementary weighting amounts and the modified supplemental 28 amounts received for at-risk, alternative program and school, 29 or returning dropout and dropout prevention programs to pay the 30 instructional costs necessary to address the student’s behavior 31 during instructional time when those services are not otherwise 32 provided to students who do not require special education 33 and the costs exceed the costs of instruction of pupils in a 34 regular curriculum. 35 -10- LSB 2566XC (5) 86 kh/sc 10/ 11
S.F. _____ The modified supplemental amount which a school district 1 may request must be for costs in excess of the supplementary 2 weighting amounts received by the school district for at-risk 3 students, alternative program and school students, and 4 potential or returning dropouts. 5 The bill makes conforming changes relating to the submission 6 of comprehensive program plans to the department of education 7 by school districts requesting to use a modified supplemental 8 amount for costs in excess of the supplementary weighting 9 received for at-risk, alternative school, and returning 10 dropouts and dropout prevention; and relating to budgets for 11 programs funded with modified supplemental amounts and to 12 allowable uses of program funding. 13 The bill strikes a provision requiring the department to 14 submit an annual report to the general assembly describing the 15 ways school districts used modified supplemental amounts for 16 returning dropout and dropout prevention programs in the prior 17 school year. 18 The bill may include a state mandate as defined in Code 19 section 25B.3. The bill requires that the state cost of 20 any state mandate included in the bill be paid by a school 21 district from state school foundation aid received by the 22 school district under Code section 257.16. The specification 23 is deemed to constitute state compliance with any state mandate 24 funding-related requirements of Code section 25B.2. The 25 inclusion of this specification is intended to reinstate the 26 requirement of political subdivisions to comply with any state 27 mandates included in the bill. 28 -11- LSB 2566XC (5) 86 kh/sc 11/ 11