General Assembly: 75 (1994 Regular GA) - Chapter 1161 - Public school services to children in nonpublic schools


Published: 1994-05-05

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CH. 1161 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION

CHAPTER 1161 PUBLIC SCHOOL SERVICES TO CHILDREN IN NON PUBLIC SCHOOLS

H.F.2155

350

AN ACT relating to public school services provided to children attending non public schools.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 256.12, subsection 2, Code Supplement 1993, is amended to read as follows: 2. This section does not deprive the respective boards of public school districts of any of

their legal powers, statutory or otherwise, and in accepting the specially enrolled students, each of the boards shall prescribe the terms of the special enrollment, including but not limited to scheduling of courses and the length of class periods. In addition, the board of the affected public school district shall be given notice by the department of its decision to permit the spe- cial enrollment not later than six months prior to the opening of the affected public school district's school year, except that the board of the public school district may waive the notice requirement. School districts and area education agency boards shall make public school ser- vices, which shall include special education programs and services and may include health ser- vices, services for remedial education programs, guidance services, and school testing services, available to children attending nonpublic schools in the same manner and to the same extent that they are provided to public school students. However, services that are made available shall be provided on neutral sites, or in mobile units located off the nonpublic school premises as determined by the boards of the school districts and area education agencies providing the services, and not on nonpublic school property, except for health services! aDd diagnostic ser- vices for speech, hearing, and psychological purposes, and assistance with physical and com- munication needs Q! students with physical disabilities, and services of an educationaIinter- preter, which may be provided on nonpublic school premises, with the permission of the lawful custodian.

Students enrolled in nonpublic schools who receive services pursuant to this subsection shall be weighted at the level provided for in section 256B.9, subsection 1:..: ~ local school district providing services pursuant to this subsection shall submit an account-

i!!g to the department of education by August! following the school year for the actual costs of the special education programs and services provided. The department shall review and approve or modify the accounting by September! and shall notify the department Q! revenue and finance of the approved accounting amount. The department of revenue and finance shall adjust the September payment to the local school district for the next fiscal year by the differ- ence between the amount generated by the weighting for the provision of services to non pub- lic school students, as provided in this subsection, and the amount Q! the actual costs as reflected in the local school district's accounting. Any amount paid by the department Q! revenue and finance shall be deducted monthly from the state foundation aid paid under section 257.16 dur- i!!g that fiscal year to all school districts in the state. The portion of the total amount of the approved accounting amount that shall be deducted from the state aid of !!: school district shall be the same as the ratio that the budget enrollment for the budget year of the school district bears to the total budget enrollment in the state for that budget year.

Sec. 2. Section 256B.9, subsections 3 and 4, Code 1993, are amended to read as follows: 3. The weight that a child is assigned under this section shall be dependent upon the required

educational modifications necessary to meet the special education needs of the child. Enroll- ment for the purpose of this section, and all payments to be made pursuant thereto, includes all children for whom a special education program or course is to be provided pursuant to sec- tion 256.12, subsection ~ sections 273.1 to 273.9! and this chapter, whether or not the children are actually enrolled upon the records of a school district.

4. On December 1, 1987, and no later than December 1 every two years thereafter, for the school year commencing the following July 1, the director of the department of education shall report to the school budget review committee the average costs of providing instruction for

351 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1162

children requiring special education in the categories of the weighting plan established under this section, and for providing services to nonpublic school students pursuant to section 256.12, subsection ~ and the director of the department of education shall make recommendations to the school budget review committee for needed alterations to make the weighting plan suita- ble for subsequent school years. The school budget review committee shall establish the weight- ing plan for each school year atteI' tfle seheal yea!' eommeBeiBg Jiliy-l, l-98'1-;- and shall report the plan to the director of the department of education. CommeBeiBg Deeember l, 199(}, tfle The school budget review committee may establish weights to the nearest hundredth. The school budget review committee shall not alter the weighting assigned to pupils in a regular curriculum, but it may increase or decrease the weighting assigned to each category of chil- dren requiring special education by not more than two-tenths of the weighting assigned to pupils in a regular curriculum. The state board of education shall adopt rules under chapter 17 A, to implement the weighting plan for each year and to assist in identification and proper indexing of each child in the state who requires special education.

Approved May 5, 1994

CHAPTER 1162 REVENUE BOND PROJECTS

H.F.2326

AN ACT relating to the definition of project for which certain revenue bonds may be issued by a city or county and providing an effective date.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 419.1, subsection 12, paragraph a, Code 1993, is amended to read as follows: a. Land, buildings, or improvements, whether or not in existence at the time of issuance

of the bonds issued under this chapter, which are suitable for the use of ft any <>! the following: (1) A voluntary nonprofit hospital, clinic! or health care facility as defined in section 135C.1,

subsection 5, 61' at &Be. (2) One or more physicians for an office building to be used exclusively by professional health

care providers, including appropriate ancillary facilities, 61' at ft. (3) A private college or university, or a state institution governed under chapter 262 whether

for the establishment or maintenance of the college or university, 61' at ftB or state institution. (4) An industry or industries for the manufacturing, processing! or assembling of agricul-

tural or manufactured products, even though the processed products may require further treat- ment before delivery to the ultimate consumer, 61' at ft.

(5) A commercial enterprise engaged in storing, warehousing, or distributing products of agriculture, mining! or industry including but not limited to barge facilities and riverfront improvements useful and convenient for the handling and storage of goods and products, 61' at ft.

(6) A facility for the generation of electrical energy through the use of a renewable energy source including but not limited to hydroelectric and wind generation facilities, 61' at a.

(7) A facility engaged in research and development activities, 61' 6f ft. - (8) K national, regional! or divisional headquarters facility of a company that does multistate

business, 61' at ft. (9) A museum, library, or tourist information center, 61' 6f ft. (10)-A telephone company, 61' at ft. - (11) A beginning businessperson for any purpose, 61' 6f ft. (12) K commercial amusement or theme park, 61' 6f ft: -