Senate File 181 - Introduced SENATE FILE 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 1655XS (6) 87 md/sc
S.F. 181 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 1655XS (6) 87 md/sc 1/ 4
S.F. 181 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 1655XS (6) 87 md/sc 2/ 4
S.F. 181 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 1655XS (6) 87 md/sc 3/ 4
S.F. 181 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 1655XS (6) 87 md/sc 4/ 4