282.31 - FUNDING FOR SPECIAL PROGRAMS.
282.31 FUNDING FOR SPECIAL PROGRAMS.
1. a. A child who lives in a facility pursuant to section
282.30, subsection 1, paragraph "a", and who is not enrolled in
the educational program of the district of residence of the child,
shall receive appropriate educational services. The area education
agency shall submit a proposed program and budget to the department
of education by January 1 for the next succeeding school year. The
department of education shall review and approve or modify the
program and proposed budget and shall notify the department of
administrative services and the area education agency of its action
by February 1. The department of administrative services shall pay
the approved budget amount for an area education agency in monthly
installments beginning September 15 and ending June 15 of the next
succeeding school year. The installments shall be as nearly equal as
possible as determined by the department of management, taking into
consideration the relative budget and cash position of the state's
resources. The department of administrative services shall transfer
the approved budget amount for an area education agency from the
moneys appropriated under section 257.16 and make the payment to the
area education agency. The area education agency shall submit an
accounting for the actual cost of the program to the department of
education by August 1 of the following school year. The department
shall review and approve or modify all expenditures incurred in
compliance with the guidelines pursuant to section 256.7, subsection
10, and shall notify the department of administrative services of the
approved accounting amount. The approved accounting amount shall be
compared with any amounts paid by the department of administrative
services to the area education agency and any differences added to or
subtracted from the October payment made under this paragraph for the
next school year. Any amount paid by the department of
administrative services shall be deducted monthly from the state
foundation aid paid under section 257.16 to all school districts in
the state during the subsequent fiscal year. The portion of the
total amount of the approved budget that shall be deducted from the
state aid of a 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 in which the deduction is made.
b. (1) A child who lives in a facility or other placement
pursuant to section 282.19, and who does not require special
education and who is enrolled in the educational program of the
district of residence at the time the child is placed, shall be
included in the basic enrollment of the school district in which the
child is enrolled. A child who lives in a facility or other
placement pursuant to section 282.19, and who does not require
special education and who is not enrolled in the educational program
of the district of residence of the child, shall be included in the
basic enrollment of the school district in which the facility or
other placement is located.
(2) However, on June 30 of a school year, if the board of
directors of a school district determines that the number of children
under this paragraph "b" who were counted in the basic enrollment
of the school district in that school year in accordance with section
257.6, subsection 1, is fewer than the sum of the number of months
all children were enrolled in the school district under this
paragraph "b" during the school year divided by nine, the
secretary of the school district may submit a claim to the department
of education by August 1 following the school year for an amount
equal to the district cost per pupil of the district for the previous
school year multiplied by the difference between the number of
children counted and the number of children calculated by the number
of months of enrollment. The amount of the claim shall be paid by
the department of administrative services to the school district by
October 1. The department of administrative services shall transfer
the total amount of the approved claim of a school district from the
moneys appropriated under section 257.16 and the amount paid shall be
deducted monthly from the state foundation aid paid to all school
districts in the state during the remainder of the subsequent fiscal
year in the manner provided in paragraph "a".
2. a. The actual special education instructional costs
incurred for a child who lives in a facility or other placement
pursuant to section 282.19 or for a child who is placed in a facility
or home pursuant to section 282.29, who requires special education
and who is not enrolled in the educational program of the district of
residence of the child but who receives an educational program from
the district in which the facility, home, or other placement is
located, shall be paid by the district of residence of the child to
the district in which the facility, home, or other placement is
located, and the costs shall include the cost of transportation.
b. A child shall not be denied special education programs and
services because of a dispute over the determination of district of
residence of the child. The director of the department of education
shall determine the district of residence when a dispute arises
regarding the determination of the district of residence for a child
who requires special education pursuant to this subsection.
3. The actual special education instructional costs, including
transportation, for a child who requires special education shall be
paid by the department of administrative services to the school
district in which the facility or home is located, only when a
district of residence cannot be determined, and the child was not
included in the weighted enrollment of any district pursuant to
section 256B.9, and the payment pursuant to subsection 2, paragraph
"a", was not made by any district. The district shall submit a
proposed program and budget to the department of education by January
1 for the next succeeding school year. The department of education
shall review and approve or modify the program and proposed budget
and shall notify the district by February 1. The district shall
submit a claim by August 1 following the school year for the actual
cost of the program. The department shall review and approve or
modify the claim and shall notify the department of administrative
services of the approved claim amount by September 1. The total
amount of the approved claim shall be paid by the department of
administrative services to the school district by October 1. The
total amount paid by the department of administrative services shall
be deducted monthly from the state foundation aid paid under section
257.16 to all school districts in the state during the subsequent
fiscal year. The portion of the total amount of the approved claims
that shall be deducted from the state aid of a 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 the budget year in which the deduction is made. The
department of administrative services shall transfer the total amount
of the approved claims from moneys appropriated under section 257.16
for payment to the school district.
4. For purposes of this section, "district of residence"
means the school district in which the parent or legal guardian of
the child resides or the district in which the district court is
located if the district court is the guardian of the child.
5. Programs may be provided during the summer and funded under
this section if the school district or area education agency
determines a valid educational reason to do so. Section History: Recent Form
87 Acts, ch 233, § 484; 88 Acts, ch 1284, § 48; 90 Acts, ch 1272,
§ 72; 92 Acts, ch 1163, § 66; 95 Acts, ch 214, §6, 7; 2003 Acts, ch
145, §286; 2006 Acts, ch 1152, §44; 2007 Acts, ch 22, §66; 2009 Acts,
ch 120, §9, 10
Referred to in § 256.7, 282.19, 282.27, 282.29, 282.32