Bill Text: IA SF294 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to payment of costs for educational services for children residing in certain psychiatric hospitals or institutions. (Formerly SSB 1047.)
Sponsorship: Committee Bill
Status: (Introduced - Dead) 2015-03-12 - Withdrawn. S.J. 579. [SF294 Detail]
Download: Iowa-2015-SF294-Introduced.html
Senate File 294 - Introduced SENATE FILE BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 1047) A BILL FOR 1 An Act relating to payment of costs for educational services 2 for children residing in certain psychiatric hospitals or 3 institutions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1120SV (2) 86 je/sc PAG LIN 1 1 Section 1. Section 282.27, Code 2015, is amended to read as 1 2 follows: 1 3 282.27 Children living in psychiatric hospitals or 1 4 institutions ==== payment. 1 5 1. The public school district in whichis locateda 1 6 psychiatric unit of a hospital licensed under chapter 135B or 1 7 a psychiatric medical institution for children licensed under 1 8 chapter 135H, which is not operated by the state, is located 1 9 shall be responsible for the provision of educational services 1 10 to children residing in the unit or institution. Children 1 11 residing in the unit or institution shall be included in the 1 12 basic enrollment of their districts of residence, as defined in 1 13 section 282.31, subsection 4. 1 14 2. The board of directors of each district of residence 1 15 shall pay to the school district in which such psychiatric unit 1 16 or institution is locatedsuch psychiatric unit or institution, 1 17 for the provision of educational services to the child, a 1 18 portion of thedistrict of residence's district cost per pupil 1 19tuition rate prescribed by section 282.24 for students residing 1 20 within another school district for each of such children who 1 21 does not require special education, based upon the proportion 1 22 that the time each child is provided educational services while 1 23 in such unit or institution is to the total time for which 1 24 the child is provided educational services during a normal 1 25 school year. The actual special education instructional costs 1 26 incurred for a child who resides in the unit or institution 1 27 shall be paid by the district of residence of the child to the 1 28 district in which the unit or institution is located. 1 29 3. Notwithstanding section 282.24, if a child for whom all 1 30 of the following applies is placed in the psychiatric unit 1 31 or institution, the district of residence may use amounts 1 32 received as supplementary weighting pursuant to section 257.11, 1 33 subsection 4, to pay the instructional costs necessary to 1 34 address the child's behavior during instructional time when 1 35 those services are not otherwise provided to students who do 2 1 not require special education and the costs exceed the costs 2 2 of instruction of pupils in a regular curriculum and the costs 2 3 exceed the maximum tuition rate prescribed by section 282.24: 2 4 a. The child does not require special education. 2 5 b. The child is not placed by the department of human 2 6 services or a court in a day program treatment program in such 2 7 psychiatric unit or institution. 2 8 c. The board of directors of the district of residence has 2 9 determined that the child is likely to inflict self=harm or 2 10 likely to harm another student. 2 11 4. Notwithstanding section 282.24, if a child for whom 2 12 all of the following applies is placed in the psychiatric 2 13 unit or institution, the district of residence may use the 2 14 funding for programs for returning dropouts and dropout 2 15 prevention calculated pursuant to section 257.41, to pay the 2 16 instructional costs necessary to address the child's behavior 2 17 during instructional time when those services are not otherwise 2 18 provided to students who do not require special education 2 19 and the costs exceed the costs of instruction of pupils in 2 20 a regular curriculum, the costs exceed the maximum tuition 2 21 rate prescribed by section 282.24, and the child meets the 2 22 definition of a returning dropout or potential dropout in 2 23 section 257.39: 2 24 a. The child does not require special education. 2 25 b. The child is not placed by the department of human 2 26 services or a court in a day program treatment program in such 2 27 psychiatric unit or institution. 2 28 c. The board of directors of the district of residence has 2 29 determined that the child is likely to inflict self=harm or 2 30 likely to harm another student. 2 31 5. Notwithstanding section 282.31, subsection 1, paragraph 2 32 "b", subparagraph (1), if a child placed in the psychiatric 2 33 unit or institution was not enrolled in the educational program 2 34 of the district of residence of the child on October 1 of the 2 35 current school year, the district of residence may include that 3 1 student in a claim submitted to the department of education 3 2 pursuant to section 282.31, subsection 1, paragraph "b", 3 3 subparagraph (2). 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 Current law provides that the school district in which 3 8 a psychiatric unit of a licensed hospital or a licensed 3 9 psychiatric medical institution for children, not operated by 3 10 the state, is located shall be responsible for the provision 3 11 of educational services to children residing in the unit or 3 12 institution. The district of residence is required pay to the 3 13 school district in which the psychiatric unit or institution 3 14 is located a portion of the district of residence's district 3 15 cost per pupil for each child based upon the proportion of the 3 16 time each child is provided educational services while in the 3 17 unit or institution to the total time for which the child is 3 18 provided educational services during a normal school year. 3 19 This bill provides that the required payment shall be 3 20 calculated based on the tuition rate prescribed by Code section 3 21 282.24 for students residing within another school district, 3 22 instead of the district of residence's district cost per 3 23 pupil. Code section 282.24 provides that the maximum tuition 3 24 fee that may be charged for students residing within another 3 25 school district is the district cost per pupil of the receiving 3 26 district. The bill also provides that the actual special 3 27 education instructional costs incurred for a child who resides 3 28 in a unit or institution shall be paid by the district of 3 29 residence of the child to the district in which the unit or 3 30 institution is located, rather than the required tuition rate 3 31 amount. 3 32 The bill provides that, notwithstanding Code section 3 33 282.24, if a child, who is not placed by the department of 3 34 human services or a court in a day program treatment program 3 35 in such psychiatric unit or institution, and who the board of 4 1 directors of the district of residence has determined is likely 4 2 to inflict harm on themselves or other students, is placed in 4 3 the psychiatric unit or institution, the district of residence 4 4 may use amounts received as supplementary weighting pursuant 4 5 to Code section 257.11, subsection 4, (at=risk programs and 4 6 alternative schools) to pay the instructional costs necessary 4 7 to address the child's behavior during instructional time when 4 8 those services are not otherwise provided to students who do 4 9 not require special education and the costs exceed the costs 4 10 of instruction of pupils in a regular curriculum and the costs 4 11 exceed the maximum tuition rate prescribed by Code section 4 12 282.24. 4 13 The bill provides that if such a child meets the definition 4 14 of returning dropout or potential dropout in Code section 4 15 257.39, the district of residence may also use the funding 4 16 for programs for returning dropouts and dropout prevention to 4 17 pay the instructional costs necessary to address the child's 4 18 behavior during instructional time when those services are 4 19 not otherwise provided to students who do not require special 4 20 education and the costs exceed the costs of instruction of 4 21 pupils in a regular curriculum and the costs exceed the maximum 4 22 tuition rate prescribed by Code section 282.24. 4 23 The bill provides that, notwithstanding Code section 4 24 282.31, subsection 1, paragraph "b", subparagraph (1), if a 4 25 child placed in the psychiatric unit or institution was not 4 26 enrolled in the educational program of the child's district of 4 27 residence on October 1 of the current school year, the district 4 28 of residence may include that student in a claim submitted 4 29 to the department of education pursuant to Code section 4 30 282.31, subsection 1, paragraph "b", subparagraph (2), in the 4 31 same manner as provided for certain children in foster care 4 32 facilities. LSB 1120SV (2) 86 je/sc
