Bill Text: IA SF181 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act requiring the payment of certain out-of-state education expenses for students requiring medical treatment and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-06 - Subcommittee: Behn, Chelgren, and Mathis. S.J. 225. [SF181 Detail]
Download: Iowa-2017-SF181-Introduced.html
Senate File 181 - Introduced SENATE FILE BY PETERSEN A BILL FOR 1 An Act requiring the payment of certain out=of=state education 2 expenses for students requiring medical treatment and 3 including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1655XS (6) 87 md/sc PAG LIN 1 1 Section 1. NEW SECTION. 282.28 Payment of out=of=state 1 2 instructional costs == approval == appeal. 1 3 1. The district of residence of a child who does not require 1 4 special education under chapter 256B shall pay for the actual 1 5 instructional costs of the child during any period of time that 1 6 the child is at a location outside the boundaries of the state 1 7 and receiving medically necessary treatment if such treatment 1 8 makes continuing the child's education through independent 1 9 coursework, homework, or supplemental educational materials 1 10 insufficient to provide for the appropriate education of the 1 11 child. 1 12 2. For purposes of this section, "instructional costs" 1 13 means the cost of tutoring or mentoring conducted in person 1 14 or over the internet for courses or subjects of instruction 1 15 that the child is currently enrolled in within the district of 1 16 residence. 1 17 3. A request for payment of instructional costs under this 1 18 section shall be submitted in writing, on forms prescribed by 1 19 the department of education, to the board of directors of the 1 20 district of residence by the child's parent or guardian. In 1 21 addition to information required to demonstrate the criteria of 1 22 subsection 1, the request shall specify the persons from whom 1 23 tutoring or mentoring services are being sought, the courses or 1 24 subjects of instruction such services will cover, the estimated 1 25 duration and time periods for such services, and the estimated 1 26 cost, including any applicable hourly rates, of such services. 1 27 The board of directors may approve payment for all or a portion 1 28 of the instructional costs or may disallow the request. The 1 29 decision of the board of directors shall be issued within 1 30 thirty days after the board receives all information required 1 31 to be included with the request. Unless impracticable, the 1 32 approved instructional costs shall be paid directly from the 1 33 district's general fund to the person providing the tutoring or 1 34 mentoring services. In all other cases, the parent or guardian 1 35 shall be reimbursed for approved instructional costs incurred. 2 1 4. If the board of directors disallows the request of a 2 2 parent or guardian under this section, the board shall indicate 2 3 the reasons for such disallowance and notify the parent or 2 4 guardian that the decision of the board may be appealed to the 2 5 director of the department of education. An appeal of the 2 6 board of directors' decision must be filed with the director of 2 7 the department of education within ten days of the decision. 2 8 The director, or the director's designee, shall attempt to 2 9 mediate the dispute to reach agreement by both the parent or 2 10 guardian and the board of directors. Mediation between the 2 11 board of directors and the child's parent or guardian shall 2 12 be completed within ten days following the date the appeal is 2 13 filed with the director of the department of education. If 2 14 agreement is not reached under mediation, the director or the 2 15 director's designee shall conduct a hearing and within ten days 2 16 following the hearing, render a decision upholding, reversing, 2 17 or modifying the decision of the board of directors. The 2 18 decision of the director may be appealed to the state board of 2 19 education under chapter 290. 2 20 5. A child that meets the criteria for the payment of 2 21 instructional costs under subsection 1 shall continue to be 2 22 treated as a pupil of the district of residence for state 2 23 school foundation aid purposes under section 257.6. 2 24 6. The state board of education shall adopt rules necessary 2 25 to implement this section. 2 26 Sec. 2. STATE MANDATE FUNDING SPECIFIED. In accordance 2 27 with section 25B.2, subsection 3, the state cost of requiring 2 28 compliance with any state mandate included in this Act shall 2 29 be paid by a school district from state school foundation aid 2 30 received by the school district under section 257.16. This 2 31 specification of the payment of the state cost shall be deemed 2 32 to meet all of the state funding=related requirements of 2 33 section 25B.2, subsection 3, and no additional state funding 2 34 shall be necessary for the full implementation of this Act 2 35 by and enforcement of this Act against all affected school 3 1 districts. 3 2 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 3 3 immediate importance, takes effect upon enactment. 3 4 EXPLANATION 3 5 The inclusion of this explanation does not constitute agreement with 3 6 the explanation's substance by the members of the general assembly. 3 7 This bill requires the district of residence of a child 3 8 who does not require special education to pay for the actual 3 9 instructional costs of the child during any period of time that 3 10 the child is at a location outside the boundaries of the state 3 11 and receiving medically necessary treatment if such treatment 3 12 makes continuing the child's education through independent 3 13 coursework, homework, or supplemental educational materials 3 14 insufficient to provide for the appropriate education of the 3 15 child. The bill defines "instructional costs" to mean the 3 16 cost of tutoring or mentoring conducted in person or over the 3 17 internet for courses or subjects of instruction that the child 3 18 is currently enrolled in within the district of residence. 3 19 The bill requires a request for payment of instructional 3 20 costs to be submitted by the child's parent or guardian to 3 21 the board of directors of the district of residence. In 3 22 addition to information required to demonstrate the criteria 3 23 to be eligible for the payment of the instructional costs, 3 24 the request must specify the persons from whom tutoring or 3 25 mentoring services are being sought, the courses or subjects of 3 26 instruction such services will cover, the estimated duration 3 27 and time periods for such services, and the estimated cost, 3 28 including any applicable hourly rates, of such services. The 3 29 board of directors may approve payment for all or a portion 3 30 of the instructional costs being requested or may disallow 3 31 the request. The decision of the board of directors must be 3 32 issued within 30 days after the board receives all information 3 33 required to be included with the request. The bill establishes 3 34 mediation and appeal procedures in the event the request is 3 35 disallowed by the board of directors. 4 1 The bill may include a state mandate as defined in Code 4 2 section 25B.3. The bill requires that the state cost of 4 3 any state mandate included in the bill be paid by a school 4 4 district from state school foundation aid received by the 4 5 school district under Code section 257.16. The specification 4 6 is deemed to constitute state compliance with any state 4 7 mandate funding=related requirements of Code section 25B.2. 4 8 The inclusion of this specification is intended to reinstate 4 9 the requirement of school districts to comply with any state 4 10 mandates included in the bill. 4 11 The bill takes effect upon enactment. LSB 1655XS (6) 87 md/sc
