Bill Text: IA HF346 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to at-risk, alternative and alternative school, and returning dropout and dropout prevention programs and funding. (Formerly HSB 61)

Sponsorship: Committee Bill

Status: (Engrossed - Dead) 2015-03-24 - Subcommittee, Quirmbach, Dvorsky, and Johnson. S.J. 686. [HF346 Detail]

Download: Iowa-2015-HF346-Introduced.html

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House File 346 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON EDUCATION

                                 (SUCCESSOR TO HSB 61)

                                      A BILL FOR

  1 An Act relating to at=risk, alternative and alternative school,
  2    and returning dropout and dropout prevention programs and
  3    funding.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1118HV (1) 86
    kh/sc

PAG LIN



  1  1    Section 1.  Section 257.10, subsection 5, Code 2015, is
  1  2 amended to read as follows:
  1  3    5.  Combined district cost per pupil.  The combined district
  1  4 cost per pupil for a school district is the sum of the regular
  1  5 program district cost per pupil and the special education
  1  6 support services district cost per pupil. Combined district
  1  7 cost per pupil does not include a modified supplemental amount
  1  8 added for school districts that have a negative balance of
  1  9 funds raised for special education instruction programs, a
  1 10 modified supplemental amount granted by the school budget
  1 11 review committee for a single school year, or a modified
  1 12 supplemental amount added for programs for dropout prevention
  1 13  established pursuant to sections 257.38 through 257.41.
  1 14    Sec. 2.  Section 257.11, subsection 4, paragraph a, Code
  1 15 2015, is amended to read as follows:
  1 16    a.  In order to provide additional funding to school
  1 17 districts for programs serving at=risk pupils, alternative
  1 18 program and alternative school pupils in secondary schools, and
  1 19 pupils identified as potential dropouts or returning dropouts
  1 20 as defined in section 257.39, a supplementary weighting plan
  1 21 for at=risk such pupils is adopted. A supplementary weighting
  1 22 of forty=eight ten=thousandths per pupil shall be assigned
  1 23 to the percentage of pupils in a school district enrolled in
  1 24 grades one through six, as reported by the school district on
  1 25 the basic educational data survey for the base year, who are
  1 26 eligible for free and reduced price meals under the federal
  1 27 National School Lunch Act and the federal Child Nutrition
  1 28 Act of 1966, 42 U.S.C. {1751=1785, multiplied by the budget
  1 29 enrollment in the school district; and a supplementary
  1 30 weighting of one hundred fifty=six one=hundred=thousandths
  1 31 per pupil shall be assigned to pupils included in the
  1 32 budget enrollment of the school district. Amounts received
  1 33 as supplementary weighting for at=risk pupils under this
  1 34 subsection shall be utilized by a school district to develop
  1 35 or maintain at=risk pupils' programs, which may include
  2  1  alternative programs and alternative school programs, and
  2  2 returning dropout and dropout prevention programs approved
  2  3 pursuant to section 257.40.
  2  4    Sec. 3.  Section 257.11, subsection 4, Code 2015, is amended
  2  5 by adding the following new paragraphs:
  2  6    NEW PARAGRAPH.  d.  Up to five percent of the total amount
  2  7 that a school district receives as supplementary weighting
  2  8 pursuant to this subsection or as a modified supplemental
  2  9 amount received under section 257.41, may be used in the budget
  2 10 year for purposes of providing district=wide or building=wide
  2 11 at=risk and dropout prevention programming targeted to pupils
  2 12 who are not deemed at risk.
  2 13    NEW PARAGRAPH.  e.  Notwithstanding paragraph "d" and section
  2 14 282.24, if a pupil has been determined by the school district
  2 15 to be likely to inflict self=harm or likely to harm another
  2 16 pupil and all of the following apply, the school district may
  2 17 use amounts received pursuant to paragraph "a" to pay the
  2 18 instructional costs necessary to address the pupil's behavior
  2 19 during instructional time when those services are not otherwise
  2 20 provided to pupils who do not require special education and the
  2 21 costs exceed the costs of instruction of pupils in a regular
  2 22 curriculum:
  2 23    (1)  The pupil does not require special education.
  2 24    (2)  The pupil is not in a court=ordered placement under
  2 25 chapter 232 under the care and custody of the department of
  2 26 human services or juvenile court services.
  2 27    (3)  The pupil is not in the state training school or the
  2 28 Iowa juvenile home pursuant to a court order entered under
  2 29 chapter 232 under the care and custody of the department of
  2 30 human services.
  2 31    (4)  The pupil is not placed in a facility licensed under
  2 32 chapter 135B, 135C, or 135H.
  2 33    Sec. 4.  Section 257.38, Code 2015, is amended to read as
  2 34 follows:
  2 35    257.38  Programs Funding for at=risk, alternative school, and
  3  1  returning dropouts and dropout prevention programs == plan.
  3  2    1.  Boards of school districts, individually or jointly with
  3  3 boards of other school districts, requesting to use a modified
  3  4 supplemental amount for costs in excess of the amount received
  3  5 under section 257.11, subsection 4, for programs for at=risk
  3  6 students, secondary students who attend alternative programs
  3  7 and alternative schools, and returning dropouts and dropout
  3  8 prevention, shall submit comprehensive program plans for the
  3  9 programs and budget costs, including annual requests for a
  3 10 modified supplemental amount for funding the programs, to the
  3 11 department of education as a component of the comprehensive
  3 12 school improvement plan submitted to the department pursuant to
  3 13 section 256.7, subsection 21. The program plans shall include:
  3 14    a.  Program goals, objectives, and activities to meet
  3 15 the needs of children who may drop out of school students
  3 16 identified as at risk, secondary students who attend
  3 17 alternative programs and alternative schools, or potential
  3 18 dropouts or returning dropouts.
  3 19    b.  Student identification criteria and procedures.
  3 20    c.  Staff in=service education design.
  3 21    d.  Staff utilization plans.
  3 22    e.  Evaluation criteria and procedures and performance
  3 23 measures.
  3 24    f.  Program budget.
  3 25    g.  Qualifications required of personnel delivering the
  3 26 program.
  3 27    h.  A provision for dropout prevention and integration of
  3 28 dropouts into the educational program of the district for
  3 29 at=risk students.
  3 30    i.  A provision for identifying dropouts at=risk students.
  3 31    j.  A program for returning dropouts.
  3 32    k.  j.  Other factors the department requires.
  3 33    2.  Program plans shall identify the parts of the plan that
  3 34 will be implemented first upon approval of the request. If a
  3 35 district is requesting to use a modified supplemental amount
  4  1 to finance the program, the school district shall not identify
  4  2 more than five percent of its budget enrollment for the budget
  4  3 year as returning dropouts and potential dropouts.
  4  4    Sec. 5.  Section 257.40, Code 2015, is amended to read as
  4  5 follows:
  4  6    257.40  Approval of programs for at=risk pupils, alternative
  4  7 programs and schools, and returning dropouts and dropout
  4  8 prevention == annual report.
  4  9    1.  The board of directors of a school district requesting
  4 10 to use a modified supplemental amount for costs in excess of
  4 11 the funding received under section 257.11, subsection 4, for
  4 12 programs for at=risk students, secondary students who attend
  4 13 alternative programs and alternative schools, or returning
  4 14 dropouts and dropout prevention shall submit requests for a
  4 15 modified at=risk supplemental amount, including budget costs,
  4 16 to the department not later than December 15 of the year
  4 17 preceding the budget year during which the program will be
  4 18 offered. The department shall review the request and shall
  4 19 prior to January 15 either grant approval for the request
  4 20 or return the request for approval with comments of the
  4 21 department included. An unapproved request for a program may
  4 22 be resubmitted with modifications to the department not later
  4 23 than February 1. Not later than February 15, the department
  4 24 shall notify the department of management and the school budget
  4 25 review committee of the names of the school districts for which
  4 26 programs using a modified supplemental amount for funding have
  4 27 been approved and the approved budget of each program listed
  4 28 separately for each school district having an approved request.
  4 29    2.  Beginning January 15, 2007, the department shall submit
  4 30 an annual report to the chairpersons and ranking members
  4 31 of the senate and house education committees that includes
  4 32 the ways school districts in the previous school year used
  4 33 modified supplemental amounts approved under subsection
  4 34 1; identifies, by grade level, age, and district size, the
  4 35 students in the dropout and dropout prevention programs for
  5  1 which the department approves a request; describes school
  5  2 district progress toward increasing student achievement and
  5  3 attendance for the students in the programs; and describes how
  5  4 the school districts are using the revenues from the modified
  5  5 supplemental amounts to improve student achievement among
  5  6 minority subgroups.
  5  7    Sec. 6.  Section 257.41, subsections 1 and 2, Code 2015, are
  5  8 amended to read as follows:
  5  9    1.  Budget.  The budget of an approved program for at=risk
  5 10 students, secondary students who attend alternative programs
  5 11 or alternative schools, or returning dropouts and dropout
  5 12 prevention for a school district, after subtracting funds
  5 13 received under section 257.11, subsection 4, paragraphs "a"
  5 14  through "c", and from other sources for that purpose, including
  5 15 any previous carryover, shall be funded annually on a basis
  5 16 of one=fourth or more from the district cost of the school
  5 17 district and up to three=fourths through establishment of a
  5 18 modified supplemental amount. Annually, the department of
  5 19 management shall establish a modified supplemental amount for
  5 20 each such school district equal to the difference between the
  5 21 approved budget for the program for returning dropouts and
  5 22 dropout prevention for that district and the sum of the amount
  5 23 funded from the district cost of the school district plus funds
  5 24 received under section 257.11, subsection 4, and from other
  5 25 sources for that purpose, including any previous carryover.
  5 26    2.  Appropriate uses of funding.  Appropriate uses of the
  5 27 returning dropout and dropout prevention program funding for an
  5 28 approved program include but are not limited to the following:
  5 29    a.  Salary and benefits for instructional staff,
  5 30 instructional support staff, and school=based youth services
  5 31 staff who are working with students who are participating in
  5 32 at=risk or dropout prevention programs, alternative programs,
  5 33 and alternative schools, in a traditional or alternative
  5 34 setting, if the staff person's time is dedicated to working
  5 35 with returning dropouts or such students who are deemed, at any
  6  1 time during the school year, to be at risk of dropping out,
  6  2  in order to provide services beyond those which are provided
  6  3 by the school district to students who are not identified
  6  4 as at risk of dropping out participating in such programs
  6  5 or alternative schools. However, if the staff person works
  6  6 part=time with students who are participating in returning
  6  7 dropout and dropout prevention programs, alternative programs,
  6  8 and alternative schools a program or alternative school and
  6  9 the staff person has another unrelated staff assignment,
  6 10 only the portion of the staff person's time that is related
  6 11 to the returning dropout and dropout prevention program,
  6 12 alternative program, or alternative school may be charged to
  6 13 the program or school. For purposes of this paragraph, if
  6 14 an alternative setting is necessary to provide for a program
  6 15 which is offered at a location off school grounds and which
  6 16 is intended to serve student needs by improving relationships
  6 17 and connections to school, decreasing truancy and tardiness,
  6 18 providing opportunities for course credit recovery, or helping
  6 19 students identified as at risk of dropping out to accelerate
  6 20 through multiple grade levels of achievement within a shortened
  6 21 time frame, the tuition costs for a student identified as at
  6 22 risk of dropping out shall be considered an appropriate use of
  6 23 the returning dropout and dropout prevention program funding
  6 24 under this section.
  6 25    b.  Professional development for all teachers and staff
  6 26 working with at=risk students and programs involving dropout
  6 27 prevention strategies under a program or an alternative school
  6 28 setting.
  6 29    c.  Research=based resources, materials, software, supplies,
  6 30 and purchased services that meet all of the following criteria:
  6 31    (1)  Meets the needs of kindergarten through grade twelve
  6 32 students identified as at risk of dropping out and of returning
  6 33 dropouts.
  6 34    (2)  Are beyond those provided by the regular school program.
  6 35    (3)  Are necessary to provide the services listed in the
  7  1 school district's dropout prevention plan submitted pursuant
  7  2 to section 257.38.
  7  3    (4)  Will remain with the kindergarten through grade twelve
  7  4 at=risk program, alternative program or alternative school, or
  7  5  returning dropout and dropout prevention program.
  7  6    d.  Up to five percent of the total budgeted amount received
  7  7 pursuant to subsection 1 may be used for purposes of providing
  7  8 district=wide or building=wide returning dropout and dropout
  7  9 prevention programming targeted to students who are not deemed
  7 10 at risk of dropping out.
  7 11    Sec. 7.  Section 257.41, Code 2015, is amended by adding the
  7 12 following new subsection:
  7 13    NEW SUBSECTION.  4.  Other uses.  Notwithstanding subsection
  7 14 2 and section 282.24, if a student has been determined by the
  7 15 school district to be likely to inflict self=harm or likely to
  7 16 harm another student and all of the following apply, the school
  7 17 district may use the modified supplemental amount established
  7 18 under subsection 1 to pay the instructional costs necessary to
  7 19 address the student's behavior during instructional time when
  7 20 those services are not otherwise provided to students who do
  7 21 not require special education and the costs exceed the costs of
  7 22 instruction of students in a regular curriculum:
  7 23    (1)  The student does not require special education.
  7 24    (2)  The student is not in a court=ordered placement under
  7 25 chapter 232 under the care and custody of the department of
  7 26 human services or juvenile court services.
  7 27    (3)  The student is not in the state training school or the
  7 28 Iowa juvenile home pursuant to a court order entered under
  7 29 chapter 232 under the care and custody of the department of
  7 30 human services.
  7 31    (4)  The pupil is not placed in a facility licensed under
  7 32 chapter 135B, 135C, or 135H.
  7 33                           EXPLANATION
  7 34 The inclusion of this explanation does not constitute agreement with
  7 35 the explanation's substance by the members of the general assembly.
  8  1 This bill makes changes relating to at=risk programs,
  8  2 alternative programs and alternative schools, and returning
  8  3 dropout and dropout prevention programs and funding for the
  8  4 schools and programs.
  8  5    The bill modifies a provision that establishes supplementary
  8  6 weighting for programs serving at=risk pupils and alternative
  8  7 school pupils in secondary schools to add alternative programs
  8  8 for secondary school pupils and programs for returning dropouts
  8  9 and dropout prevention.
  8 10    The bill authorizes a school district to use, in the budget
  8 11 year, up to 5 percent of the total supplementary weighting
  8 12 amounts received pursuant to Code section 257.11, subsection 4,
  8 13 or up to 5 percent of a modified supplemental amount received
  8 14 pursuant to Code section 257.41 for at=risk pupils, alternative
  8 15 program and alternative school pupils, or pupils in returning
  8 16 dropout and dropout prevention programs, for purposes of
  8 17 providing district=wide or building=wide at=risk and dropout
  8 18 prevention programming targeted to students who are not deemed
  8 19 at risk.
  8 20    The bill strikes a provision that allows a school district
  8 21 to use up to 5 percent of its total budgeted amount received
  8 22 for an approved program for returning dropouts and dropout
  8 23 prevention to be used for purposes of providing district=wide
  8 24 or building=wide returning dropout and dropout prevention
  8 25 programming targeted to students who are not deemed at risk of
  8 26 dropping out.
  8 27    The bill provides that when a student who does not require
  8 28 special education and who is not in a court=ordered placement
  8 29 under the care and custody of the department of human services
  8 30 or juvenile court services and who is not in the state training
  8 31 school or the Iowa juvenile home and who is not placed in
  8 32 a hospital, health care facility, or psychiatric medical
  8 33 institution for children and who has been determined by the
  8 34 school district to be likely to inflict self=harm or likely
  8 35 to harm another student, the school district may use the
  9  1 supplementary weighting amounts and the modified supplemental
  9  2 amounts received for at=risk, alternative program and school,
  9  3 or returning dropout and dropout prevention programs to pay the
  9  4 instructional costs necessary to address the student's behavior
  9  5 during instructional time when those services are not otherwise
  9  6 provided to students who do not require special education
  9  7 and the costs exceed the costs of instruction of pupils in a
  9  8 regular curriculum.
  9  9    The modified supplemental amount which a school district
  9 10 may request must be for costs in excess of the supplementary
  9 11 weighting amounts received by the school district for at=risk
  9 12 students, alternative program and school students, and
  9 13 potential or returning dropouts.
  9 14    The bill makes conforming changes relating to the submission
  9 15 of comprehensive program plans to the department of education
  9 16 by school districts requesting to use a modified supplemental
  9 17 amount for costs in excess of the supplementary weighting
  9 18 received for at=risk, alternative school, and returning
  9 19 dropouts and dropout prevention; and relating to budgets for
  9 20 programs funded with modified supplemental amounts and to
  9 21 allowable uses of program funding.
  9 22    The bill strikes a provision requiring the department to
  9 23 submit an annual report to the general assembly describing the
  9 24 ways school districts used modified supplemental amounts for
  9 25 returning dropout and dropout prevention programs in the prior
  9 26 school year.
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