House
File
354
-
Introduced
HOUSE
FILE
354
BY
HIGHFILL
(COMPANION
TO
SF
181
BY
PETERSEN)
A
BILL
FOR
An
Act
requiring
the
payment
of
certain
out-of-state
education
1
expenses
for
students
requiring
medical
treatment
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1655YH
(2)
87
md/sc
H.F.
354
Section
1.
NEW
SECTION
.
282.28
Payment
of
out-of-state
1
instructional
costs
——
approval
——
appeal.
2
1.
The
district
of
residence
of
a
child
who
does
not
require
3
special
education
under
chapter
256B
shall
pay
for
the
actual
4
instructional
costs
of
the
child
during
any
period
of
time
that
5
the
child
is
at
a
location
outside
the
boundaries
of
the
state
6
and
receiving
medically
necessary
treatment
if
such
treatment
7
makes
continuing
the
child’s
education
through
independent
8
coursework,
homework,
or
supplemental
educational
materials
9
insufficient
to
provide
for
the
appropriate
education
of
the
10
child.
11
2.
For
purposes
of
this
section,
“instructional
costs”
12
means
the
cost
of
tutoring
or
mentoring
conducted
in
person
13
or
over
the
internet
for
courses
or
subjects
of
instruction
14
that
the
child
is
currently
enrolled
in
within
the
district
of
15
residence.
16
3.
A
request
for
payment
of
instructional
costs
under
this
17
section
shall
be
submitted
in
writing,
on
forms
prescribed
by
18
the
department
of
education,
to
the
board
of
directors
of
the
19
district
of
residence
by
the
child’s
parent
or
guardian.
In
20
addition
to
information
required
to
demonstrate
the
criteria
of
21
subsection
1,
the
request
shall
specify
the
persons
from
whom
22
tutoring
or
mentoring
services
are
being
sought,
the
courses
or
23
subjects
of
instruction
such
services
will
cover,
the
estimated
24
duration
and
time
periods
for
such
services,
and
the
estimated
25
cost,
including
any
applicable
hourly
rates,
of
such
services.
26
The
board
of
directors
may
approve
payment
for
all
or
a
portion
27
of
the
instructional
costs
or
may
disallow
the
request.
The
28
decision
of
the
board
of
directors
shall
be
issued
within
29
thirty
days
after
the
board
receives
all
information
required
30
to
be
included
with
the
request.
Unless
impracticable,
the
31
approved
instructional
costs
shall
be
paid
directly
from
the
32
district’s
general
fund
to
the
person
providing
the
tutoring
or
33
mentoring
services.
In
all
other
cases,
the
parent
or
guardian
34
shall
be
reimbursed
for
approved
instructional
costs
incurred.
35
-1-
LSB
1655YH
(2)
87
md/sc
1/
4
H.F.
354
4.
If
the
board
of
directors
disallows
the
request
of
a
1
parent
or
guardian
under
this
section,
the
board
shall
indicate
2
the
reasons
for
such
disallowance
and
notify
the
parent
or
3
guardian
that
the
decision
of
the
board
may
be
appealed
to
the
4
director
of
the
department
of
education.
An
appeal
of
the
5
board
of
directors’
decision
must
be
filed
with
the
director
of
6
the
department
of
education
within
ten
days
of
the
decision.
7
The
director,
or
the
director’s
designee,
shall
attempt
to
8
mediate
the
dispute
to
reach
agreement
by
both
the
parent
or
9
guardian
and
the
board
of
directors.
Mediation
between
the
10
board
of
directors
and
the
child’s
parent
or
guardian
shall
11
be
completed
within
ten
days
following
the
date
the
appeal
is
12
filed
with
the
director
of
the
department
of
education.
If
13
agreement
is
not
reached
under
mediation,
the
director
or
the
14
director’s
designee
shall
conduct
a
hearing
and
within
ten
days
15
following
the
hearing,
render
a
decision
upholding,
reversing,
16
or
modifying
the
decision
of
the
board
of
directors.
The
17
decision
of
the
director
may
be
appealed
to
the
state
board
of
18
education
under
chapter
290.
19
5.
A
child
that
meets
the
criteria
for
the
payment
of
20
instructional
costs
under
subsection
1
shall
continue
to
be
21
treated
as
a
pupil
of
the
district
of
residence
for
state
22
school
foundation
aid
purposes
under
section
257.6.
23
6.
The
state
board
of
education
shall
adopt
rules
necessary
24
to
implement
this
section.
25
Sec.
2.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
26
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
27
compliance
with
any
state
mandate
included
in
this
Act
shall
28
be
paid
by
a
school
district
from
state
school
foundation
aid
29
received
by
the
school
district
under
section
257.16.
This
30
specification
of
the
payment
of
the
state
cost
shall
be
deemed
31
to
meet
all
of
the
state
funding-related
requirements
of
32
section
25B.2,
subsection
3,
and
no
additional
state
funding
33
shall
be
necessary
for
the
full
implementation
of
this
Act
34
by
and
enforcement
of
this
Act
against
all
affected
school
35
-2-
LSB
1655YH
(2)
87
md/sc
2/
4
H.F.
354
districts.
1
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
2
immediate
importance,
takes
effect
upon
enactment.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
requires
the
district
of
residence
of
a
child
7
who
does
not
require
special
education
to
pay
for
the
actual
8
instructional
costs
of
the
child
during
any
period
of
time
that
9
the
child
is
at
a
location
outside
the
boundaries
of
the
state
10
and
receiving
medically
necessary
treatment
if
such
treatment
11
makes
continuing
the
child’s
education
through
independent
12
coursework,
homework,
or
supplemental
educational
materials
13
insufficient
to
provide
for
the
appropriate
education
of
the
14
child.
The
bill
defines
“instructional
costs”
to
mean
the
15
cost
of
tutoring
or
mentoring
conducted
in
person
or
over
the
16
internet
for
courses
or
subjects
of
instruction
that
the
child
17
is
currently
enrolled
in
within
the
district
of
residence.
18
The
bill
requires
a
request
for
payment
of
instructional
19
costs
to
be
submitted
by
the
child’s
parent
or
guardian
to
20
the
board
of
directors
of
the
district
of
residence.
In
21
addition
to
information
required
to
demonstrate
the
criteria
22
to
be
eligible
for
the
payment
of
the
instructional
costs,
23
the
request
must
specify
the
persons
from
whom
tutoring
or
24
mentoring
services
are
being
sought,
the
courses
or
subjects
of
25
instruction
such
services
will
cover,
the
estimated
duration
26
and
time
periods
for
such
services,
and
the
estimated
cost,
27
including
any
applicable
hourly
rates,
of
such
services.
The
28
board
of
directors
may
approve
payment
for
all
or
a
portion
29
of
the
instructional
costs
being
requested
or
may
disallow
30
the
request.
The
decision
of
the
board
of
directors
must
be
31
issued
within
30
days
after
the
board
receives
all
information
32
required
to
be
included
with
the
request.
The
bill
establishes
33
mediation
and
appeal
procedures
in
the
event
the
request
is
34
disallowed
by
the
board
of
directors.
35
-3-
LSB
1655YH
(2)
87
md/sc
3/
4
H.F.
354
The
bill
may
include
a
state
mandate
as
defined
in
Code
1
section
25B.3.
The
bill
requires
that
the
state
cost
of
2
any
state
mandate
included
in
the
bill
be
paid
by
a
school
3
district
from
state
school
foundation
aid
received
by
the
4
school
district
under
Code
section
257.16.
The
specification
5
is
deemed
to
constitute
state
compliance
with
any
state
6
mandate
funding-related
requirements
of
Code
section
25B.2.
7
The
inclusion
of
this
specification
is
intended
to
reinstate
8
the
requirement
of
school
districts
to
comply
with
any
state
9
mandates
included
in
the
bill.
10
The
bill
takes
effect
upon
enactment.
11
-4-
LSB
1655YH
(2)
87
md/sc
4/
4