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