Bill Text: IA SF2049 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act authorizing a school district to petition to join the nearest contiguous area education agency.

Spectrum: Partisan Bill (Independent 1-0)

Status: (Introduced - Dead) 2014-01-28 - Subcommittee, Dvorsky, Hogg, and Johnson. S.J. 145. [SF2049 Detail]

Download: Iowa-2013-SF2049-Introduced.html
Senate File 2049 - Introduced SENATE FILE 2049 BY JOHNSON A BILL FOR An Act authorizing a school district to petition to join the 1 nearest contiguous area education agency. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5234XS (3) 85 kh/sc
S.F. 2049 Section 1. Section 273.5, subsection 2, Code 2014, is 1 amended to read as follows: 2 2. Insure Ensure that each child requiring special 3 education in the area , or served by an area education agency 4 pursuant to section 273.16, receives an appropriate special 5 education program or service. 6 Sec. 2. NEW SECTION . 273.16 School district petition to 7 join. 8 1. a. The board of directors of a school district may 9 submit, to the board of directors of the nearest area education 10 agency that is contiguous to the area education agency in 11 which the school district is located, a petition to join the 12 contiguous area education agency. If the contiguous area 13 education agency approves the petition, the contiguous area 14 education agency shall submit the petition to the state board 15 of education for approval. If the state board of education 16 approves the petition, the state board shall provide notice of 17 its approval to the department of education and the department 18 of management, and the director of the department of education 19 shall change the boundaries of affected area education agencies 20 as necessary. 21 b. A school district may appeal to the state board the 22 decision of an area education agency board to deny the school 23 district’s petition. 24 2. Notwithstanding any provision of this chapter or 25 chapter 256B to the contrary, if a school district’s petition 26 is approved pursuant to subsection 1, the contiguous area 27 education agency shall furnish educational services and 28 programs as provided in sections 273.1 through 273.9 and 29 chapter 256B to pupils enrolled in accredited nonpublic schools 30 located within the school district’s boundaries. 31 3. A school district approved to join a contiguous area 32 education agency pursuant to this section shall be eligible to 33 petition to join another area education agency as provided in 34 subsection 1 in not less than five years. 35 -1- LSB 5234XS (3) 85 kh/sc 1/ 3
S.F. 2049 4. For purposes of this chapter and chapter 256B, a school 1 district approved to join the nearest contiguous area education 2 agency pursuant to this section shall thereafter be considered 3 to be located within the boundaries of the contiguous area 4 education agency unless and until the school district 5 petitions to join another area education agency, as provided in 6 subsection 3, and such petition is approved. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill enacts new Code section 273.16 authorizing a board 11 of directors of a school district to petition to join the 12 nearest area education agency (AEA) that is contiguous to the 13 AEA within which the school district is currently located. 14 If the contiguous AEA approves the petition, it must submit 15 the petition to the state board of education for approval. If 16 the state board of education approves the petition, the state 17 board must provide notice of its approval to the department of 18 education and the department of management, and the director 19 of the department of education must change the boundaries of 20 affected AEAs as necessary. A school district may appeal to 21 the state board the decision of an AEA board to deny the school 22 district’s petition. 23 If a school district’s petition is approved, the contiguous 24 AEA shall furnish educational services and programs as provided 25 in Code sections 273.1 through 273.9, and Code chapter 256B 26 to pupils enrolled in accredited nonpublic schools located 27 within the school district’s boundaries. The bill directs 28 the director of special education of each AEA to ensure that 29 each child served by the area education agency pursuant to 30 Code section 273.16 receives an appropriate special education 31 program or service. 32 A school district approved to join a contiguous AEA is 33 eligible to petition to join another AEA, which must also be 34 nearest and contiguous to the AEA in which the school district 35 -2- LSB 5234XS (3) 85 kh/sc 2/ 3
S.F. 2049 is located, in not less than five years. 1 A school district approved to join a contiguous AEA shall 2 be considered to be located in the contiguous AEA’s area and 3 within its boundaries for purposes of the contiguous AEA’s 4 powers and duties under Code chapters 256B and 273. 5 -3- LSB 5234XS (3) 85 kh/sc 3/ 3
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