Senate
File
2302
-
Introduced
SENATE
FILE
2302
BY
BROWN
A
BILL
FOR
An
Act
relating
to
students
who
require
special
emotional,
1
social,
or
behavioral
supports
in
education,
including
2
calculations
for
funding
and
the
establishment
of
regional
3
special
schools,
and
making
appropriations.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5840XS
(2)
90
dg/jh
S.F.
2302
Section
1.
Section
256B.7,
Code
2024,
is
amended
to
read
as
1
follows:
2
256B.7
Examinations
of
children.
3
1.
In
order
to
render
proper
instruction
to
each
child
4
requiring
special
education,
the
school
districts
shall
certify
5
children
requiring
special
education
for
special
instruction
6
in
accordance
with
the
requirements
set
up
by
the
division
7
of
special
education
and
shall
provide
examinations
for
8
children
preliminary
to
making
certification.
The
examinations
9
necessary
for
the
certification
of
children
requiring
special
10
education
shall
be
prescribed
by
the
state
division
of
special
11
education.
Disputes
concerning
a
child’s
eligibility
for
12
special
education
shall
be
addressed
under
rules
and
procedures
13
adopted
by
the
state
board
of
education
pursuant
to
section
14
256B.6
and
consistent
with
the
federal
Individuals
with
15
Disabilities
Education
Act
of
2004,
20
U.S.C.
§1400
et
seq.
16
2.
In
order
to
render
proper
instruction
to
each
child
17
requiring
specialized
emotional,
social,
or
behavioral
18
care,
the
school
districts
shall
certify
children
requiring
19
specialized
emotional,
social,
or
behavioral
care
for
20
special
emotional,
social,
and
behavioral
instruction
in
21
accordance
with
the
requirements
set
up
by
the
division
of
22
special
education
and
shall
provide
examinations
for
children
23
preliminary
to
making
certification.
The
examinations
24
necessary
for
the
certification
of
children
requiring
25
specialized
emotional,
social,
or
behavioral
care
shall
26
be
prescribed
by
the
state
division
of
special
education.
27
Disputes
concerning
a
child’s
eligibility
for
special
28
emotional,
social,
and
behavioral
instruction
shall
be
29
addressed
under
rules
and
procedures
adopted
by
the
state
board
30
of
education
pursuant
to
section
256B.6.
31
Sec.
2.
Section
256B.9,
subsection
1,
unnumbered
paragraph
32
1,
Code
2024,
is
amended
to
read
as
follows:
33
In
order
to
provide
funds
for
the
excess
costs
of
instruction
34
of
children
requiring
special
education
or
emotional,
social,
35
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or
behavioral
supports
,
above
the
costs
of
instruction
of
1
pupils
in
a
regular
curriculum,
a
special
education
weighting
2
plan
for
determining
enrollment
in
each
school
district
is
3
adopted
as
follows:
4
Sec.
3.
Section
256B.9,
subsection
1,
Code
2024,
is
amended
5
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
f.
Children
who
do
not
require
special
7
education
but
whose
emotional,
social,
or
behavioral
needs
8
would
prevent
the
child
from
academic
success
in
a
traditional
9
general
education
classroom
are
assigned
a
weighting
of
two
10
and
two-tenths.
This
paragraph
also
applies
to
children
who
11
require
the
use
of
therapeutic
classrooms.
12
Sec.
4.
Section
256B.9,
subsections
3,
4,
5,
7,
and
9,
Code
13
2024,
are
amended
to
read
as
follows:
14
3.
The
weight
that
a
child
is
assigned
under
this
section
15
shall
be
dependent
upon
the
required
educational
modifications
16
necessary
to
meet
the
special
education
or
emotional,
social,
17
and
behavioral
needs
of
the
child.
Enrollment
for
the
purpose
18
of
this
section
,
and
all
payments
to
be
made
pursuant
thereto,
19
includes
all
children
for
whom
a
special
education
program
or
20
course
is
to
be
provided
pursuant
to
section
256.12,
subsection
21
2
,
sections
273.1
through
273.9
,
and
this
chapter
,
whether
or
22
not
the
children
are
actually
enrolled
upon
the
records
of
a
23
school
district.
24
4.
On
December
1,
1987,
and
no
later
than
December
1
every
25
two
years
thereafter,
for
the
school
year
commencing
the
26
following
July
1,
the
director
of
the
department
of
education
27
shall
report
to
the
school
budget
review
committee
the
average
28
costs
of
providing
instruction
for
children
requiring
special
29
education
in
the
categories
of
the
weighting
plan
established
30
under
this
section
,
and
for
providing
services
to
nonpublic
31
school
students
pursuant
to
section
256.12,
subsection
2
,
32
and
the
director
of
the
department
of
education
shall
make
33
recommendations
to
the
school
budget
review
committee
for
34
needed
alterations
to
make
the
weighting
plan
suitable
for
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subsequent
school
years.
The
school
budget
review
committee
1
shall
establish
the
weighting
plan
for
each
school
year
and
2
shall
report
the
plan
to
the
director
of
the
department
of
3
education.
The
school
budget
review
committee
may
establish
4
weights
to
the
nearest
hundredth.
The
school
budget
review
5
committee
shall
not
alter
the
weighting
assigned
to
pupils
6
in
a
regular
curriculum,
but
it
may
increase
or
decrease
the
7
weighting
assigned
to
each
category
of
children
requiring
8
special
education
described
in
subsection
1,
paragraphs
“b”
9
through
“f”
,
by
not
more
than
two-tenths
of
the
weighting
10
assigned
to
pupils
in
a
regular
curriculum.
The
state
board
of
11
education
shall
adopt
rules
under
chapter
17A
to
implement
the
12
weighting
plan
for
each
year
and
to
assist
in
identification
13
and
proper
indexing
of
each
child
in
the
state
who
requires
14
special
education
or
emotional,
social,
and
behavioral
15
supports
.
16
5.
The
division
of
special
education
shall
audit
the
reports
17
required
in
section
273.5
to
determine
that
all
children
in
the
18
area
who
have
been
identified
as
requiring
special
education
19
or
requiring
emotional,
social,
or
behavioral
supports
have
20
received
the
appropriate
special
education
instructional
and
21
support
services,
and
to
verify
the
proper
identification
22
of
pupils
in
the
area
who
will
require
special
education
23
instructional
and
support
services
during
the
school
year
in
24
which
the
report
is
filed.
The
division
shall
certify
to
the
25
director
of
the
department
of
management
the
correct
total
26
enrollment
of
each
school
district
in
the
state,
determined
by
27
applying
the
appropriate
pupil
weighting
index
to
each
child
28
requiring
special
education
or
requiring
emotional,
social,
or
29
behavioral
supports
,
as
certified
by
the
directors
of
special
30
education
in
each
area.
31
7.
The
costs
of
special
education
instructional
programs
32
and
emotional,
social,
and
behavioral
supports
include
the
33
costs
of
purchase
of
transportation
equipment
approved
by
the
34
director
of
the
department
of
education
to
meet
the
special
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needs
of
children
requiring
special
education
with
the
approval
1
of
the
director
of
the
department
of
education
or
requiring
2
emotional,
social,
or
behavioral
supports
.
The
state
board
of
3
education
shall
adopt
rules
under
chapter
17A
for
the
purchase
4
of
transportation
equipment
pursuant
to
this
section
.
5
9.
Funds
generated
for
special
education
instructional
6
programs
and
emotional,
social,
and
behavioral
supports
7
under
this
chapter
and
chapter
257
shall
not
be
expended
for
8
modifications
of
school
buildings
to
make
them
accessible
to
9
children
requiring
special
education
or
requiring
emotional,
10
social,
or
behavioral
supports
.
11
Sec.
5.
Section
257.6,
subsection
1,
paragraph
a,
12
subparagraph
(7),
Code
2024,
is
amended
to
read
as
follows:
13
(7)
A
student
attending
an
accredited
nonpublic
school
or
14
receiving
competent
private
instruction
under
chapter
299A
,
15
who
is
assigned
to
a
therapeutic
classroom
established
in
16
accordance
with
section
256.25A
256.25
or
is
participating
in
a
17
program
under
chapter
261E
,
shall
be
counted
as
a
shared-time
18
student
in
the
school
district
in
which
the
nonpublic
school
of
19
attendance
is
located
for
state
foundation
aid
purposes.
20
Sec.
6.
Section
257.16C,
subsection
2,
paragraph
d,
Code
21
2024,
is
amended
to
read
as
follows:
22
d.
A
school
district’s
transportation
cost
per
pupil
23
shall
be
determined
by
dividing
the
school
district’s
actual
24
transportation
cost
for
all
children
transported
in
all
25
school
buses
for
a
school
year
pursuant
to
section
285.1,
26
subsection
12
,
less
the
amount
of
transportation
costs
27
reimbursed
under
section
256.25A
and
the
amount
received
for
28
transporting
nonpublic
school
pupils
under
section
285.1
,
by
29
the
district’s
actual
enrollment
for
the
school
year,
excluding
30
the
shared-time
enrollment
for
the
school
year
as
defined
in
31
section
257.6
.
32
Sec.
7.
Section
257.31,
subsection
14,
paragraph
b,
Code
33
2024,
is
amended
by
striking
the
paragraph
and
inserting
in
34
lieu
thereof
the
following:
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b.
(1)
If
the
amount
certified
for
a
school
district
1
to
the
director
of
the
department
of
management
under
this
2
subsection
for
the
base
year
is
negative,
the
department
of
3
management
shall
make
supplemental
aid
payments
to
school
4
districts.
Supplemental
aid
paid
to
a
district
shall
be
an
5
amount
necessary
to
offset
the
district’s
negative
balance
6
raised
for
special
education
instruction
programs.
7
(2)
There
is
appropriated
from
the
general
fund
of
the
state
8
to
the
school
budget
review
committee
for
each
fiscal
year
an
9
amount
as
necessary
to
be
used
for
supplemental
aid
payments
to
10
school
districts
under
subparagraph
(1).
11
Sec.
8.
NEW
SECTION
.
279.84
Regional
special
schools.
12
1.
A
school
district
may
acquire
by
purchase,
lease,
or
13
other
arrangement
property
located
within
the
boundaries
of
a
14
different
school
district
for
purposes
of
operating
a
regional
15
special
school,
if
the
boards
of
directors
of
both
school
16
districts
agree
to
such
purchase,
lease,
or
other
arrangement.
17
2.
A
school
district
that
operates
a
regional
special
18
school
pursuant
to
subsection
1
may
allow
students
who
are
not
19
residents
of
the
school
district
that
operates
the
regional
20
special
school
to
attend
the
regional
special
school,
if
the
21
board
of
directors
of
the
school
district
that
operates
the
22
regional
special
school
and
the
board
of
directors
of
the
23
student’s
resident
school
district
agree
to
such
arrangement.
24
3.
An
agreement
entered
into
between
the
boards
of
directors
25
of
school
districts
pursuant
to
subsection
1
or
2
may
provide
26
for
sharing
the
costs
and
expenses
of
any
of
the
following:
27
a.
The
acquisition
of
property
for
purposes
of
operating
a
28
regional
special
school.
29
b.
The
operation
of
the
regional
special
school.
30
4.
For
purposes
of
this
section,
“regional
special
school”
31
means
an
attendance
center
at
which
any
of
the
following
32
services
are
provided:
33
a.
Services
associated
with
a
therapeutic
classroom
34
established
pursuant
to
section
256.25.
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b.
Educational
services
for
students
participating
in
1
special
education
programs
and
services
under
chapter
256B.
2
c.
Any
other
services
for
students
who
require
special
3
emotional,
social,
or
behavioral
supports.
4
Sec.
9.
REPEAL.
Section
256.25A,
Code
2024,
is
repealed.
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
This
bill
relates
to
students
who
require
special
emotional,
9
social,
or
behavioral
supports
in
education,
including
10
calculations
for
funding
and
the
establishment
of
regional
11
special
schools.
12
The
bill
requires
school
districts
to
certify
children
13
requiring
specialized
emotional,
social,
or
behavioral
care
14
for
special
emotional,
social,
and
behavioral
instruction
in
15
accordance
with
the
requirements
set
up
by
the
division
of
16
special
education,
and
to
provide
examinations
for
children
17
preliminary
to
making
certification.
The
examinations
18
necessary
for
the
certification
of
children
requiring
19
specialized
emotional,
social,
or
behavioral
care
must
20
be
prescribed
by
the
state
division
of
special
education.
21
Disputes
concerning
a
child’s
eligibility
for
special
22
emotional,
social,
and
behavioral
instruction
must
be
addressed
23
under
rules
and
procedures
adopted
by
the
state
board
of
24
education.
25
In
order
to
provide
funds
for
the
excess
costs
of
instruction
26
of
children
requiring
special
education
above
the
costs
of
27
instruction
of
pupils
in
a
regular
curriculum,
the
state
has
28
a
special
weighting
plan
that
allows
children
who
require
29
special
education
to
have
additional
weighting
when
calculating
30
a
school
district’s
funding.
The
bill
adds
to
the
special
31
education
weighting
plan
children
who
do
not
require
special
32
education
but
whose
emotional,
social,
or
behavioral
needs
33
would
prevent
the
child
from
academic
success
in
a
traditional
34
general
education
classroom.
These
children
are
assigned
a
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weighting
of
2.2,
which
is
the
current
weighting
of
children
1
who
require
full-time,
self-contained
special
education
with
2
little
integration
into
a
regular
classroom.
The
bill
includes
3
children
who
require
the
use
of
therapeutic
classrooms
in
4
the
category
of
children
with
special
emotional,
social,
or
5
behavioral
needs.
6
Under
current
law,
the
school
budget
review
committee
must
7
determine
each
year,
as
soon
as
possible
after
June
30,
the
8
balance
of
funds
for
each
school
district
that
was
raised
9
for
special
education
instruction
programs
under
the
special
10
education
weighting
plan.
If
the
balance
is
negative,
then
11
the
school
budget
review
committee
is
allowed
to
take
amounts
12
appropriated
to
it
from
certain
sources
related
to
state
aid
13
paid
to
school
districts
to
make
supplemental
aid
payments
14
to
the
district
with
a
negative
balance
equal
to
the
state
15
aid
portion
of
the
district’s
negative
balance.
However,
a
16
school
district
is
only
eligible
to
receive
supplemental
aid
17
payments
if
the
school
district
certifies
to
the
school
budget
18
review
committee
that
for
the
year
following
the
budget
year
19
it
will
notify
the
school
budget
review
committee
to
instruct
20
the
director
of
the
department
of
management
to
increase
the
21
district’s
modified
supplemental
amount
and
will
fund
the
22
modified
supplemental
amount
increase
either
by
using
moneys
23
from
its
unexpended
fund
balance
to
reduce
the
district’s
24
property
tax
levy
or
by
using
cash
reserve
moneys
to
equal
the
25
amount
of
the
deficit
that
would
have
been
property
taxes
and
26
any
part
of
the
state
aid
portion
of
the
deficit
not
received
27
as
supplemental
aid.
28
The
bill
alters
the
funding
structure
for
schools
with
29
a
negative
balance
of
funds
relating
to
special
education
30
instruction
by
requiring
the
department
of
management
to
make
31
supplemental
aid
payments
to
the
school
district
in
an
amount
32
necessary
to
offset
the
district’s
negative
balance
raised
for
33
special
education
instruction
programs.
The
bill
appropriates
34
from
the
state
general
fund
to
the
school
budget
review
35
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S.F.
2302
committee
for
each
fiscal
year
an
amount
of
moneys
as
necessary
1
to
be
used
for
supplemental
aid
payments
to
school
districts
2
with
negative
special
education
fund
balances.
3
The
bill
authorizes
a
school
district
to
acquire
property
4
located
within
the
boundaries
of
a
different
school
district
5
for
purposes
of
operating
a
regional
special
school
if
the
6
boards
of
directors
of
both
school
districts
agree
to
such
7
acquisition.
The
division
provides
that
a
school
district
that
8
operates
such
a
regional
special
school
may
allow
students
who
9
are
not
residents
of
the
school
district
that
operates
the
10
regional
special
school
to
attend
the
regional
special
school
11
if
the
board
of
directors
of
the
school
district
that
operates
12
the
regional
special
school
and
the
board
of
directors
of
the
13
student’s
resident
school
district
agree
to
such
arrangement.
14
Additionally,
the
division
provides
that
an
agreement
entered
15
into
between
the
boards
of
directors
of
school
districts
under
16
these
provisions
may
provide
for
sharing
the
costs
and
expenses
17
of
the
acquisition
of
property
for,
and
operation
of,
the
18
regional
special
school.
19
The
division
defines
“regional
special
school”
to
mean
20
an
attendance
center
at
which
services
associated
with
a
21
therapeutic
classroom,
educational
services
for
students
22
participating
in
special
education
programs
and
services,
or
23
any
other
services
for
students
who
require
special
supports
24
for
behavioral
issues,
are
provided.
25
The
bill
repeals
Code
section
256.25A
(therapeutic
classroom
26
——
claims)
which
allows
school
districts
to
submit
claims
27
to
the
department
of
education
for
the
costs
of
providing
28
therapeutic
classroom
services
and
related
transportation
29
services.
30
The
bill
makes
conforming
changes.
31
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