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Senate File 168 - IntroducedA Bill ForAn Act 1relating to health services, special education support,
2and related services provided to children attending
3nonpublic schools.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.12, subsection 2, paragraph a, Code
22021, is amended to read as follows:
3a. This section does not deprive the respective boards of
4public school districts of any of their legal powers, statutory
5or otherwise, and in accepting the specially enrolled students,
6each of the boards shall prescribe the terms of the special
7enrollment, including but not limited to scheduling of courses
8and the length of class periods. In addition, the board of the
9affected public school district shall be given notice by the
10department of its decision to permit the special enrollment
11not later than six months prior to the opening of the affected
12public school district’s school year, except that the board of
13the public school district may waive the notice requirement.
14School districts and area education agency boards shall make
15public school services, which shall include special education
16programs and services and may include health services, services
17for remedial education programs, guidance services, and school
18testing services, available to children attending nonpublic
19schools in the same manner and to the same extent that they are
20provided to public school students. Service activities shall
21be similar to those undertaken for public school students.
22Health services, special education support, and related
23services provided by area education agencies for the purpose
24of identifying children with disabilities, assistance with
25physical and communications needs of students with physical
26disabilities, and services of an educational interpreter
27may shall be provided on nonpublic school premises with the
28 if permission of is granted by the lawful custodian of the
29property and the parent or guardian of the student receiving
30the services. Other special education services may shall be
31provided on nonpublic school premises at the discretion of
32the school district or area education agency provider of the
33service and with the if permission of is granted by the lawful
34custodian of the property and the parent or guardian of the
35student receiving the services.
-1-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill requires that certain services and support that
5an area education agency (AEA) must provide to a nonpublic
6school student must, if the parent or guardian of the student
7receiving the services grants permission, be provided on the
8nonpublic school premises.
9The health services, special education support, and related
10services provided by AEAs for the purpose of identifying
11children with disabilities, assistance with physical and
12communications needs of students with physical disabilities,
13and services of an educational interpreter may, under current
14law, be provided on nonpublic school premises with the
15permission of the lawful custodian of the property.
16Currently, other special education services may also be
17provided on nonpublic school premises at the discretion of
18the school district or AEA provider of the service and with
19the permission of the lawful custodian of the property. The
20bill modifies the language to require that such services be
21provided on the nonpublic school premises, but, in addition to
22the permission of the lawful custodian of the property, the
23bill requires the permission of the parent or guardian of the
24student receiving the services.
-2-kh/jh
2and related services provided to children attending
3nonpublic schools.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.12, subsection 2, paragraph a, Code
22021, is amended to read as follows:
3a. This section does not deprive the respective boards of
4public school districts of any of their legal powers, statutory
5or otherwise, and in accepting the specially enrolled students,
6each of the boards shall prescribe the terms of the special
7enrollment, including but not limited to scheduling of courses
8and the length of class periods. In addition, the board of the
9affected public school district shall be given notice by the
10department of its decision to permit the special enrollment
11not later than six months prior to the opening of the affected
12public school district’s school year, except that the board of
13the public school district may waive the notice requirement.
14School districts and area education agency boards shall make
15public school services, which shall include special education
16programs and services and may include health services, services
17for remedial education programs, guidance services, and school
18testing services, available to children attending nonpublic
19schools in the same manner and to the same extent that they are
20provided to public school students. Service activities shall
21be similar to those undertaken for public school students.
22Health services, special education support, and related
23services provided by area education agencies for the purpose
24of identifying children with disabilities, assistance with
25physical and communications needs of students with physical
26disabilities, and services of an educational interpreter
27may shall be provided on nonpublic school premises with the
28 if permission of is granted by the lawful custodian of the
29property and the parent or guardian of the student receiving
30the services. Other special education services may shall be
31provided on nonpublic school premises at the discretion of
32the school district or area education agency provider of the
33service and with the if permission of is granted by the lawful
34custodian of the property and the parent or guardian of the
35student receiving the services.
-1-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill requires that certain services and support that
5an area education agency (AEA) must provide to a nonpublic
6school student must, if the parent or guardian of the student
7receiving the services grants permission, be provided on the
8nonpublic school premises.
9The health services, special education support, and related
10services provided by AEAs for the purpose of identifying
11children with disabilities, assistance with physical and
12communications needs of students with physical disabilities,
13and services of an educational interpreter may, under current
14law, be provided on nonpublic school premises with the
15permission of the lawful custodian of the property.
16Currently, other special education services may also be
17provided on nonpublic school premises at the discretion of
18the school district or AEA provider of the service and with
19the permission of the lawful custodian of the property. The
20bill modifies the language to require that such services be
21provided on the nonpublic school premises, but, in addition to
22the permission of the lawful custodian of the property, the
23bill requires the permission of the parent or guardian of the
24student receiving the services.
-2-kh/jh