SF 2018 (LSB 5156XS (2) 91)

SENATE FILE 2018

BY  DONAHUE

A BILL FOR

An Act relating to special education, including by requiring accredited nonpublic schools to provide special education services to students enrolled in the school who require such services and modifying the responsibilities of area education agencies, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.12, subsection 2, paragraph a, Code 2026, is amended to read as follows:
   a.  This section does not deprive the respective boards of public school districts of any of their legal powers, statutory or otherwise, and in accepting the specially enrolled students, each of the boards shall prescribe the terms of the special enrollment, including but not limited to scheduling of courses and the length of class periods. In addition, the board of the affected public school district shall be given notice by the department of its decision to permit the special enrollment not later than six months prior to the opening of the affected public school district’s school year, except that the board of the public school district may waive the notice requirement. School districts and area education agency boards shall make public school services, which shall include special education programs and services and may include health services, services for remedial education programs, guidance services, and school testing services, available to children attending nonpublic schools in the same manner and to the same extent that they are provided to public school students. Service activities shall be similar to those undertaken for public school students. Health services, special education support, and related services provided by area education agencies for the purpose of identifying children with disabilities, assistance with physical and communications needs of students with physical disabilities, and services of an educational interpreter may be provided on nonpublic school premises with the permission of the lawful custodian of the property. Other special education services may be provided on nonpublic school premises at the discretion of the school district or area education agency provider of the service and with the permission of the lawful custodian of the property.
    Sec. 2.  Section 256B.9, subsection 4, Code 2026, is amended to read as follows:
   4.  On December 1, 1987, and no later than December 1 every two years thereafter, for the school year commencing the following July 1, the director of the department of education shall report to the school budget review committee the average costs of providing instruction for children requiring special education in the categories of the weighting plan established under this section, and for providing services to nonpublic school students pursuant to section 256.12, subsection 2, and the director of the department of education shall make recommendations to the school budget review committee for needed alterations to make the weighting plan suitable for subsequent school years. The school budget review committee shall establish the weighting plan for each school year and shall report the plan to the director of the department of education. The school budget review committee may establish weights to the nearest hundredth. The school budget review committee shall not alter the weighting assigned to pupils in a regular curriculum, but it may increase or decrease the weighting assigned to each category of children requiring special education by not more than two-tenths of the weighting assigned to pupils in a regular curriculum. The state board of education shall adopt rules under chapter 17A to implement the weighting plan for each year and to assist in identification and proper indexing of each child in the state who requires special education.
    Sec. 3.  Section 273.2, subsection 3, paragraph a, Code 2026, is amended to read as follows:
   a.  The area education agency shall furnish educational services and programs as provided in  section 273.1, this section, sections 273.3 through 273.8, and chapter 256B to pupils enrolled in public or nonpublic schools which are on the list of accredited schools pursuant to section 256.11, which request to receive such services. The programs and services provided shall be at least commensurate with programs and services existing on July 1, 1974. The programs and services provided to pupils enrolled in nonpublic schools shall be comparable to programs and services provided to pupils enrolled in public schools within constitutional guidelines.
    Sec. 4.  Section 280.8, Code 2026, is amended to read as follows:
   280.8  Special education.
   1.  The board of directors of each public school district shall make adequate educational provisions for each resident child requiring special education appropriate to the nature and severity of the child’s disability pursuant to rules promulgated by the department under the provisions of chapters 256B and 273.
   2.  a.  The authorities in charge of each accredited nonpublic school shall do all of the following:
   (1)  Identify and evaluate each student who is enrolled in the accredited nonpublic school to determine if the student requires special education.
   (2)  Make adequate educational provisions for each student enrolled in the accredited nonpublic school who requires special education that is appropriate to the nature and severity of the student’s disability and that is comparable to programs and services provided to students enrolled in school districts, within constitutional guidelines, pursuant to rules promulgated by the department under the provisions of chapter 256B.
   (3)  Employ, or retain the services of, appropriately licensed special education teachers, therapists, guidance counselors, and related service providers to provide special education services to each student enrolled in the accredited nonpublic school who requires special education.
   (4)  Develop and implement a written plan for each student enrolled in the accredited nonpublic school who requires special education that is substantially similar to an individualized education program, as described in the federal Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq. The written plan must require the accredited nonpublic school to provide to each student enrolled in the accredited nonpublic school who requires special education all of the following transportation services and equipment:
   (a)  Travel to and from school and between schools.
   (b)  Travel in and around school buildings.
   (c)  Specialized equipment, including special or adapted buses, lifts, and ramps, if required to provide special transportation for the student.
   (5)  Maintain documentation and submit reports to the department of education.
   (6)  Assume all costs associated with the activities described in subparagraphs (1) through (5).
   b.  The authorities in charge of an accredited nonpublic school shall not do any of the following:
   (1)  Access or utilize special education services or staffing provided by an area education agency under chapter 273 for purposes of carrying out the activities of the accredited nonpublic school that are required under this subsection.
   (2)  Access any state or area education agency funding for purposes of carrying out the activities of the accredited nonpublic school that are required under this subsection.
   c.  (1)  The state board of education shall ensure accredited nonpublic schools comply with this subsection, and with all applicable federal laws related to special education, by overseeing and monitoring the activities of accredited nonpublic schools that are required under this subsection and by providing technical assistance to such accredited nonpublic schools.
   (2)  The state board of education shall adopt rules pursuant to chapter 17A to administer this subsection, including but not limited to rules related to all of the following:
   (a)  Recordkeeping, documentation, and reporting requirements.
   (b)  Compliance monitoring.
   (c)  Accreditation standards concerning the delivery of special education services.
   (3)  The state board of education may adopt rules pursuant to chapter 17A that establish procedures allowing accredited nonpublic schools to directly access moneys available under the federal Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq., consistent with federal law and guidance issued by the United States department of education.
   d.  This subsection shall not be construed to limit the ability of a child to access a free appropriate public education directly from a school district, as required under the federal Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.
   e.  For purposes of this subsection, “special education” means the same as defined in the federal Individuals with Disabilities Education Act, 20 U.S.C. §1401.
    Sec. 5.  EFFECTIVE DATE.  This Act takes effect July 1, 2027.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to special education, including by requiring accredited nonpublic schools to provide special education services to students enrolled in the school who require such services and by modifying the responsibilities of area education agencies.
   Current law requires school districts and area education agencies to make special education programs and services available to children attending nonpublic schools and requires the director of the department of education to report to the school budget review committee the average cost of providing such special education programs and services. The bill strikes these provisions.
   Current law requires area education agencies to furnish educational services and programs as provided in Code sections 273.1 through 273.8, and Code chapter 256B (special education) to pupils enrolled in nonpublic schools which are on the list of accredited schools pursuant to Code section 256.11, which request to receive such services. The bill strikes this provision.
   The bill requires the authorities in charge of each accredited nonpublic school to: identify and evaluate each student who is enrolled in the school to determine if the student requires special education; make adequate educational provisions for each student enrolled in the school who requires special education that is appropriate to the nature and severity of the student’s disability; employ, or retain the services of, appropriately licensed special education teachers, therapists, guidance counselors, and related service providers to provide special education services to each student enrolled in the school who requires special education; develop and implement a written plan for each student enrolled in the school who requires special education that is substantially similar to an individualized education program; maintain documentation and submit reports to the department of education; and assume all costs associated with all of these activities.
   The bill prohibits the authorities in charge of an accredited nonpublic school from accessing or utilizing special education services or staffing provided by an area education agency for purposes of carrying out the activities of the school that are required under the bill’s provisions. In addition, the authorities in charge of an accredited nonpublic school are prohibited from accessing any state or area education agency funding for purposes of carrying out the activities of the school that are required under the bill’s provisions.
   The bill requires the state board of education to ensure accredited nonpublic schools comply with the bill’s provisions, and with all applicable federal laws related to special education, by overseeing and monitoring the activities of schools that are required under the bill’s provisions and by providing technical assistance to such schools. The state board of education is required to adopt rules to administer the bill’s provisions, including rules related to recordkeeping, documentation, and reporting requirements; compliance monitoring; and accreditation standards concerning the delivery of special education services. The bill authorizes the state board of education to adopt rules that establish procedures allowing accredited nonpublic schools to directly access moneys available under the federal Individuals with Disabilities Education Act, consistent with federal law and guidance issued by the United States department of education.
   The bill does not limit the ability of a child to access a free appropriate public education directly from a school district, as required under the federal Individuals with Disabilities Education Act.
   The bill defines “special education” to mean the same as defined in the federal Individuals with Disabilities Education Act, which states that the term means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education.