Read the full stored bill text
Senate
File
2018
-
Introduced
SENATE
FILE
2018
BY
DONAHUE
A
BILL
FOR
An
Act
relating
to
special
education,
including
by
requiring
1
accredited
nonpublic
schools
to
provide
special
education
2
services
to
students
enrolled
in
the
school
who
require
3
such
services
and
modifying
the
responsibilities
of
area
4
education
agencies,
and
including
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
256.12,
subsection
2,
paragraph
a,
Code
1
2026,
is
amended
to
read
as
follows:
2
a.
This
section
does
not
deprive
the
respective
boards
of
3
public
school
districts
of
any
of
their
legal
powers,
statutory
4
or
otherwise,
and
in
accepting
the
specially
enrolled
students,
5
each
of
the
boards
shall
prescribe
the
terms
of
the
special
6
enrollment,
including
but
not
limited
to
scheduling
of
courses
7
and
the
length
of
class
periods.
In
addition,
the
board
of
the
8
affected
public
school
district
shall
be
given
notice
by
the
9
department
of
its
decision
to
permit
the
special
enrollment
10
not
later
than
six
months
prior
to
the
opening
of
the
affected
11
public
school
district’s
school
year,
except
that
the
board
of
12
the
public
school
district
may
waive
the
notice
requirement.
13
School
districts
and
area
education
agency
boards
shall
make
14
public
school
services,
which
shall
include
special
education
15
programs
and
services
and
may
include
health
services,
services
16
for
remedial
education
programs,
guidance
services,
and
school
17
testing
services,
available
to
children
attending
nonpublic
18
schools
in
the
same
manner
and
to
the
same
extent
that
they
are
19
provided
to
public
school
students.
Service
activities
shall
20
be
similar
to
those
undertaken
for
public
school
students.
21
Health
services
,
special
education
support,
and
related
22
services
provided
by
area
education
agencies
for
the
purpose
23
of
identifying
children
with
disabilities,
assistance
with
24
physical
and
communications
needs
of
students
with
physical
25
disabilities,
and
services
of
an
educational
interpreter
may
be
26
provided
on
nonpublic
school
premises
with
the
permission
of
27
the
lawful
custodian
of
the
property.
Other
special
education
28
services
may
be
provided
on
nonpublic
school
premises
at
the
29
discretion
of
the
school
district
or
area
education
agency
30
provider
of
the
service
and
with
the
permission
of
the
lawful
31
custodian
of
the
property.
32
Sec.
2.
Section
256B.9,
subsection
4,
Code
2026,
is
amended
33
to
read
as
follows:
34
4.
On
December
1,
1987,
and
no
later
than
December
1
every
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two
years
thereafter,
for
the
school
year
commencing
the
1
following
July
1,
the
director
of
the
department
of
education
2
shall
report
to
the
school
budget
review
committee
the
average
3
costs
of
providing
instruction
for
children
requiring
special
4
education
in
the
categories
of
the
weighting
plan
established
5
under
this
section
,
and
for
providing
services
to
nonpublic
6
school
students
pursuant
to
section
256.12,
subsection
2
,
7
and
the
director
of
the
department
of
education
shall
make
8
recommendations
to
the
school
budget
review
committee
for
9
needed
alterations
to
make
the
weighting
plan
suitable
for
10
subsequent
school
years.
The
school
budget
review
committee
11
shall
establish
the
weighting
plan
for
each
school
year
and
12
shall
report
the
plan
to
the
director
of
the
department
of
13
education.
The
school
budget
review
committee
may
establish
14
weights
to
the
nearest
hundredth.
The
school
budget
review
15
committee
shall
not
alter
the
weighting
assigned
to
pupils
16
in
a
regular
curriculum,
but
it
may
increase
or
decrease
the
17
weighting
assigned
to
each
category
of
children
requiring
18
special
education
by
not
more
than
two-tenths
of
the
weighting
19
assigned
to
pupils
in
a
regular
curriculum.
The
state
board
of
20
education
shall
adopt
rules
under
chapter
17A
to
implement
the
21
weighting
plan
for
each
year
and
to
assist
in
identification
22
and
proper
indexing
of
each
child
in
the
state
who
requires
23
special
education.
24
Sec.
3.
Section
273.2,
subsection
3,
paragraph
a,
Code
2026,
25
is
amended
to
read
as
follows:
26
a.
The
area
education
agency
shall
furnish
educational
27
services
and
programs
as
provided
in
section
273.1
,
this
28
section
,
sections
273.3
through
273.8
,
and
chapter
256B
to
29
pupils
enrolled
in
public
or
nonpublic
schools
which
are
on
the
30
list
of
accredited
schools
pursuant
to
section
256.11
,
which
31
request
to
receive
such
services.
The
programs
and
services
32
provided
shall
be
at
least
commensurate
with
programs
and
33
services
existing
on
July
1,
1974.
The
programs
and
services
34
provided
to
pupils
enrolled
in
nonpublic
schools
shall
be
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comparable
to
programs
and
services
provided
to
pupils
enrolled
1
in
public
schools
within
constitutional
guidelines.
2
Sec.
4.
Section
280.8,
Code
2026,
is
amended
to
read
as
3
follows:
4
280.8
Special
education.
5
1.
The
board
of
directors
of
each
public
school
district
6
shall
make
adequate
educational
provisions
for
each
resident
7
child
requiring
special
education
appropriate
to
the
nature
8
and
severity
of
the
child’s
disability
pursuant
to
rules
9
promulgated
by
the
department
under
the
provisions
of
chapters
10
256B
and
273
.
11
2.
a.
The
authorities
in
charge
of
each
accredited
12
nonpublic
school
shall
do
all
of
the
following:
13
(1)
Identify
and
evaluate
each
student
who
is
enrolled
in
14
the
accredited
nonpublic
school
to
determine
if
the
student
15
requires
special
education.
16
(2)
Make
adequate
educational
provisions
for
each
student
17
enrolled
in
the
accredited
nonpublic
school
who
requires
18
special
education
that
is
appropriate
to
the
nature
and
19
severity
of
the
student’s
disability
and
that
is
comparable
to
20
programs
and
services
provided
to
students
enrolled
in
school
21
districts,
within
constitutional
guidelines,
pursuant
to
rules
22
promulgated
by
the
department
under
the
provisions
of
chapter
23
256B.
24
(3)
Employ,
or
retain
the
services
of,
appropriately
25
licensed
special
education
teachers,
therapists,
guidance
26
counselors,
and
related
service
providers
to
provide
special
27
education
services
to
each
student
enrolled
in
the
accredited
28
nonpublic
school
who
requires
special
education.
29
(4)
Develop
and
implement
a
written
plan
for
each
student
30
enrolled
in
the
accredited
nonpublic
school
who
requires
31
special
education
that
is
substantially
similar
to
an
32
individualized
education
program,
as
described
in
the
federal
33
Individuals
with
Disabilities
Education
Act,
20
U.S.C.
§1400
et
34
seq.
The
written
plan
must
require
the
accredited
nonpublic
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school
to
provide
to
each
student
enrolled
in
the
accredited
1
nonpublic
school
who
requires
special
education
all
of
the
2
following
transportation
services
and
equipment:
3
(a)
Travel
to
and
from
school
and
between
schools.
4
(b)
Travel
in
and
around
school
buildings.
5
(c)
Specialized
equipment,
including
special
or
adapted
6
buses,
lifts,
and
ramps,
if
required
to
provide
special
7
transportation
for
the
student.
8
(5)
Maintain
documentation
and
submit
reports
to
the
9
department
of
education.
10
(6)
Assume
all
costs
associated
with
the
activities
11
described
in
subparagraphs
(1)
through
(5).
12
b.
The
authorities
in
charge
of
an
accredited
nonpublic
13
school
shall
not
do
any
of
the
following:
14
(1)
Access
or
utilize
special
education
services
or
15
staffing
provided
by
an
area
education
agency
under
chapter
273
16
for
purposes
of
carrying
out
the
activities
of
the
accredited
17
nonpublic
school
that
are
required
under
this
subsection.
18
(2)
Access
any
state
or
area
education
agency
funding
for
19
purposes
of
carrying
out
the
activities
of
the
accredited
20
nonpublic
school
that
are
required
under
this
subsection.
21
c.
(1)
The
state
board
of
education
shall
ensure
accredited
22
nonpublic
schools
comply
with
this
subsection,
and
with
23
all
applicable
federal
laws
related
to
special
education,
24
by
overseeing
and
monitoring
the
activities
of
accredited
25
nonpublic
schools
that
are
required
under
this
subsection
and
26
by
providing
technical
assistance
to
such
accredited
nonpublic
27
schools.
28
(2)
The
state
board
of
education
shall
adopt
rules
pursuant
29
to
chapter
17A
to
administer
this
subsection,
including
but
not
30
limited
to
rules
related
to
all
of
the
following:
31
(a)
Recordkeeping,
documentation,
and
reporting
32
requirements.
33
(b)
Compliance
monitoring.
34
(c)
Accreditation
standards
concerning
the
delivery
of
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special
education
services.
1
(3)
The
state
board
of
education
may
adopt
rules
pursuant
2
to
chapter
17A
that
establish
procedures
allowing
accredited
3
nonpublic
schools
to
directly
access
moneys
available
under
the
4
federal
Individuals
with
Disabilities
Education
Act,
20
U.S.C.
5
§1400
et
seq.,
consistent
with
federal
law
and
guidance
issued
6
by
the
United
States
department
of
education.
7
d.
This
subsection
shall
not
be
construed
to
limit
the
8
ability
of
a
child
to
access
a
free
appropriate
public
9
education
directly
from
a
school
district,
as
required
under
10
the
federal
Individuals
with
Disabilities
Education
Act,
20
11
U.S.C.
§1400
et
seq.
12
e.
For
purposes
of
this
subsection,
“special
education”
13
means
the
same
as
defined
in
the
federal
Individuals
with
14
Disabilities
Education
Act,
20
U.S.C.
§1401.
15
Sec.
5.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
2027.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
relates
to
special
education,
including
by
20
requiring
accredited
nonpublic
schools
to
provide
special
21
education
services
to
students
enrolled
in
the
school
who
22
require
such
services
and
by
modifying
the
responsibilities
of
23
area
education
agencies.
24
Current
law
requires
school
districts
and
area
education
25
agencies
to
make
special
education
programs
and
services
26
available
to
children
attending
nonpublic
schools
and
requires
27
the
director
of
the
department
of
education
to
report
to
the
28
school
budget
review
committee
the
average
cost
of
providing
29
such
special
education
programs
and
services.
The
bill
strikes
30
these
provisions.
31
Current
law
requires
area
education
agencies
to
furnish
32
educational
services
and
programs
as
provided
in
Code
sections
33
273.1
through
273.8,
and
Code
chapter
256B
(special
education)
34
to
pupils
enrolled
in
nonpublic
schools
which
are
on
the
list
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of
accredited
schools
pursuant
to
Code
section
256.11,
which
1
request
to
receive
such
services.
The
bill
strikes
this
2
provision.
3
The
bill
requires
the
authorities
in
charge
of
each
4
accredited
nonpublic
school
to:
identify
and
evaluate
each
5
student
who
is
enrolled
in
the
school
to
determine
if
the
6
student
requires
special
education;
make
adequate
educational
7
provisions
for
each
student
enrolled
in
the
school
who
requires
8
special
education
that
is
appropriate
to
the
nature
and
9
severity
of
the
student’s
disability;
employ,
or
retain
the
10
services
of,
appropriately
licensed
special
education
teachers,
11
therapists,
guidance
counselors,
and
related
service
providers
12
to
provide
special
education
services
to
each
student
enrolled
13
in
the
school
who
requires
special
education;
develop
and
14
implement
a
written
plan
for
each
student
enrolled
in
the
15
school
who
requires
special
education
that
is
substantially
16
similar
to
an
individualized
education
program;
maintain
17
documentation
and
submit
reports
to
the
department
of
18
education;
and
assume
all
costs
associated
with
all
of
these
19
activities.
20
The
bill
prohibits
the
authorities
in
charge
of
an
21
accredited
nonpublic
school
from
accessing
or
utilizing
22
special
education
services
or
staffing
provided
by
an
area
23
education
agency
for
purposes
of
carrying
out
the
activities
24
of
the
school
that
are
required
under
the
bill’s
provisions.
25
In
addition,
the
authorities
in
charge
of
an
accredited
26
nonpublic
school
are
prohibited
from
accessing
any
state
or
27
area
education
agency
funding
for
purposes
of
carrying
out
the
28
activities
of
the
school
that
are
required
under
the
bill’s
29
provisions.
30
The
bill
requires
the
state
board
of
education
to
ensure
31
accredited
nonpublic
schools
comply
with
the
bill’s
provisions,
32
and
with
all
applicable
federal
laws
related
to
special
33
education,
by
overseeing
and
monitoring
the
activities
of
34
schools
that
are
required
under
the
bill’s
provisions
and
by
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providing
technical
assistance
to
such
schools.
The
state
1
board
of
education
is
required
to
adopt
rules
to
administer
the
2
bill’s
provisions,
including
rules
related
to
recordkeeping,
3
documentation,
and
reporting
requirements;
compliance
4
monitoring;
and
accreditation
standards
concerning
the
delivery
5
of
special
education
services.
The
bill
authorizes
the
state
6
board
of
education
to
adopt
rules
that
establish
procedures
7
allowing
accredited
nonpublic
schools
to
directly
access
moneys
8
available
under
the
federal
Individuals
with
Disabilities
9
Education
Act,
consistent
with
federal
law
and
guidance
issued
10
by
the
United
States
department
of
education.
11
The
bill
does
not
limit
the
ability
of
a
child
to
access
12
a
free
appropriate
public
education
directly
from
a
school
13
district,
as
required
under
the
federal
Individuals
with
14
Disabilities
Education
Act.
15
The
bill
defines
“special
education”
to
mean
the
same
as
16
defined
in
the
federal
Individuals
with
Disabilities
Education
17
Act,
which
states
that
the
term
means
specially
designed
18
instruction,
at
no
cost
to
parents,
to
meet
the
unique
needs
of
19
a
child
with
a
disability,
including
instruction
conducted
in
20
the
classroom,
in
the
home,
in
hospitals
and
institutions,
and
21
in
other
settings;
and
instruction
in
physical
education.
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