Bill Text: IA HF145 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act creating an Iowa state board for blind and deaf education with authority over the Iowa school for the deaf and the Iowa braille and sight saving school.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF145 Detail]

Download: Iowa-2013-HF145-Introduced.html
House File 145 - Introduced HOUSE FILE 145 BY PETTENGILL A BILL FOR An Act creating an Iowa state board for blind and deaf 1 education with authority over the Iowa school for the deaf 2 and the Iowa braille and sight saving school. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1339YH (4) 85 jp/rj
H.F. 145 Section 1. NEW SECTION . 259C.1 Definitions. 1 For the purposes of this chapter, unless the context 2 otherwise requires: 3 1. “Board” means the Iowa state board for blind and deaf 4 education created by this chapter. 5 2. “Director” means the person appointed to serve as the 6 chief administrator for the board and the schools under this 7 chapter. 8 3. “Schools” means both the Iowa school for the deaf at 9 Council Bluffs and the Iowa braille and sight saving school at 10 Vinton. 11 Sec. 2. NEW SECTION . 259C.2 Iowa state board for blind and 12 deaf education. 13 1. An Iowa state board for blind and deaf education is 14 created with authority over the Iowa school for the deaf and 15 the Iowa braille and sight saving school. 16 2. The voting members of the board listed in this subsection 17 shall be appointed by the governor, subject to confirmation 18 by the senate. These voting members shall be appointed to 19 staggered terms of three years beginning and ending as provided 20 in section 69.19. A vacancy shall be filled for the unexpired 21 portion of the term. The voting members of the board appointed 22 by the governor shall consist of the following: 23 a. The parent of a child with a severe visual impairment. 24 b. The parent of a child with a severe hearing loss. 25 c. An alumnus of the Iowa school for the deaf. 26 d. An alumnus of the Iowa braille and sight saving school. 27 e. An employee of an area education agency. 28 f. An employee of the department of education. 29 g. An employee of the department of human services. 30 h. A representative of the governor’s developmental 31 disabilities council. 32 i. An employee of a school district who works with the 33 district’s program for pupils with sensory impairments. 34 3. In addition to the voting members listed in subsection 2, 35 -1- LSB 1339YH (4) 85 jp/rj 1/ 16
H.F. 145 the following shall also serve as voting members of the board: 1 a. The superintendent of the Iowa school for the deaf. 2 b. The superintendent of the Iowa braille and sight saving 3 school. 4 4. In addition to the voting members, the following shall 5 serve as ex officio, nonvoting members of the board: 6 a. A designee of the governor’s office. 7 b. Four members of the general assembly, with one 8 representative each appointed by the speaker and the minority 9 leader of the house of representatives, and one senator each 10 appointed by the majority leader and the minority leader of the 11 senate. A legislative member serves for a term as provided in 12 section 69.16B. 13 Sec. 3. NEW SECTION . 259C.3 Duties of the board. 14 The board shall perform the following duties: 15 1. Approve policies and procedures for the schools. 16 2. Adopt rules in accordance with chapter 17A necessary for 17 operation of the schools. 18 3. Approve budgets and exercise control of the schools and 19 the property and other resources connected with the schools. 20 4. Continue the hall of fame for distinguished graduates 21 at the Iowa braille and sight saving school and at the Iowa 22 school for the deaf originally established by the state board 23 of regents pursuant to section 262.9, subsection 21, Code 2013. 24 Sec. 4. NEW SECTION . 259C.4 Director of state board for 25 blind and deaf education. 26 1. The director of the Iowa state board for blind and 27 deaf education shall be appointed by the governor, subject to 28 confirmation by the senate. 29 2. The duties of the director shall include the following: 30 a. Hiring and supervising the superintendents of the 31 schools. 32 b. Recommending policies and procedures for the schools 33 and ensuring implementation of those that are approved by the 34 board. 35 -2- LSB 1339YH (4) 85 jp/rj 2/ 16
H.F. 145 c. Recommending rules for adoption by the board. 1 d. Managing the budgets, property, and other resources 2 connected with the schools, as approved by the board. 3 e. Ensuring the schools are operated in accordance with the 4 applicable requirements of the state board of education and the 5 department of education. 6 f. Performing other duties as assigned by the governor and 7 the board. 8 Sec. 5. NEW SECTION . 259C.5 Iowa school for the deaf. 9 1. The Iowa school for the deaf, heretofore established 10 pursuant to chapter 270, Code 2013, in Council Bluffs, shall 11 provide services in accordance with this chapter to eligible 12 pupils. 13 2. For the purposes of this chapter, an “eligible pupil” at 14 the Iowa school for the deaf is a child or young adult resident 15 of this state who is less than age twenty-one, has a hearing 16 loss which is too severe to allow the pupil to acquire an 17 education in public school appropriate to the pupil’s needs, 18 and the pupil’s parent, guardian, or custodian has chosen the 19 school for the pupil. 20 3. The school may provide services to child or young 21 adult residents less than age twenty-one who have additional 22 sensory impairments, developmental disabilities, or physical 23 disabilities. 24 4. A child or young adult who meets the definition in 25 subsection 2 other than residency may be considered an eligible 26 pupil provided the child or young adult pays the costs of the 27 services received as determined by the board. Such cost shall 28 not be less than the average expense of resident eligible 29 pupils and shall be paid in advance. 30 Sec. 6. NEW SECTION . 259C.6 Iowa braille and sight saving 31 school. 32 1. The Iowa braille and sight saving school, heretofore 33 established pursuant to chapter 269, Code 2013, in Vinton, 34 shall provide services in accordance with this chapter to 35 -3- LSB 1339YH (4) 85 jp/rj 3/ 16
H.F. 145 eligible pupils. 1 2. For the purposes of this chapter, an “eligible pupil” at 2 the Iowa braille and sight saving school is a child or young 3 adult resident of this state who is less than age twenty-one, 4 has a visual disability which is too severe to allow the pupil 5 to acquire an education in public school appropriate to the 6 pupil’s needs, and the pupil’s parent, guardian, or custodian 7 has chosen the school for the pupil. 8 3. The school may provide services to child or young 9 adult residents less than age twenty-one who have additional 10 sensory impairments, developmental disabilities, or physical 11 disabilities. 12 4. A child or young adult who meets the definition in 13 subsection 2 other than residency may be considered an eligible 14 pupil provided the child or young adult pays the costs of the 15 services received as determined by the board. Such cost shall 16 not be less than the average expense of resident eligible 17 pupils and shall be paid in advance. 18 5. The school may provide summer programs for adults with 19 a severe visual disability who find the school location to be 20 more convenient than programs offered in other locations. 21 Sec. 7. NEW SECTION . 259C.7 Services provided. 22 1. The services provided at or available through both 23 schools for eligible pupils shall include but are not limited 24 to all of the following: 25 a. Education programs available on a full-time, part-time, 26 or extended-day basis, depending on education need. 27 b. A residential program which incorporates daily living and 28 social skill components as well as residential accommodations. 29 In order to participate in the residential program, the 30 eligible pupil must reside more than twenty-five miles from 31 the school location. The residential program services, 32 activities, and transportation shall be provided at no charge 33 to the eligible pupil’s family except for the pupil’s clothing, 34 toiletries, school supplies, and other personal necessary items 35 -4- LSB 1339YH (4) 85 jp/rj 4/ 16
H.F. 145 as identified by the schools. 1 c. Outreach services which may include any of the following: 2 (1) Orientation and mobility consultation. 3 (2) Addressing the special needs of eligible pupils from 4 birth through age six. 5 (3) Professional development. 6 (4) Transition services for children and young adults who 7 would be eligible to attend or are attending one of the schools 8 and are age fourteen or older. 9 (5) Low vision evaluations. 10 (6) Production of accessible materials that comply with the 11 national instructional materials accessibility standard. 12 d. A summer program for eligible pupils who are age six 13 through twenty. The program shall provide vocational and job 14 experience components. 15 e. A full range of extracurricular activities. 16 f. Supportive services for the parents and family of 17 eligible pupils. 18 2. a. If a funding source or program, directed to children 19 and young adults who are less than age twenty-one and have a 20 severe hearing loss or visual disability and may have other 21 disabilities, applies a requirement for the use of the least 22 restrictive environment, the environment at the Iowa school 23 for the deaf at Council Bluffs and the Iowa braille and sight 24 saving school at Vinton, as appropriate for the hearing loss or 25 visual disability, shall be considered to be in compliance with 26 the requirement. 27 b. If an individual resident of this state who is less 28 than age twenty-one has a severe hearing loss or visual 29 disability, the individual education plan developed to address 30 the individual’s needs shall evaluate the extent to which the 31 continuum of services available in the individual’s home school 32 district would be provided in the least restrictive environment 33 available to the individual. The evaluation results shall be 34 provided to the individual’s parent, guardian, or custodian. 35 -5- LSB 1339YH (4) 85 jp/rj 5/ 16
H.F. 145 In order for the individual education plan for the individual 1 to include a recommendation for the services to be provided in 2 the individual’s home school district, the home school district 3 must be able to offer the individual all of the following: 4 (1) The individual will be able to participate fully in 5 school activities. 6 (2) The individual will be able to function at grade level 7 in reading and math and receive daily instruction in the 8 appropriate reading media. 9 (3) The individual will be able to travel independently 10 within the school facilities. 11 (4) The books, materials distributed, and other educational 12 materials will be available in the reading media appropriate 13 for the individual’s special needs. 14 (5) A physical education program will be available to 15 facilitate the individual’s full participation. 16 (6) The individual will have technology available to fully 17 utilize computers and access the internet and will receive 18 instruction in the use of appropriate adaptive computer 19 technology. 20 (7) The individual will be able to interact informally with 21 other children and young adults attending the school. 22 (8) The individual will have opportunities to participate 23 in extracurricular activities. 24 (9) The individual will have opportunities to participate 25 in expanded curriculum during the regular school week. 26 Sec. 8. NEW SECTION . 259C.8 Charges to counties. 27 1. The superintendents of the schools shall certify charges 28 attributable to a county for the services provided to eligible 29 pupils under this chapter with legal settlement in the county 30 that are comparable to the charges levied to a county for 31 services provided to such eligible pupils under chapters 269 32 and 270, Code 2013. 33 2. a. Each superintendent shall, on the first days of 34 June and December of each year, certify to the director of the 35 -6- LSB 1339YH (4) 85 jp/rj 6/ 16
H.F. 145 department of administrative services the amounts due from 1 counties pursuant to subsection 1, and the director of the 2 department of administrative services shall credit the amounts 3 due to the general fund of the state, and charge the amount to 4 the proper county. 5 b. Each superintendent shall, at the time of sending 6 certification to the director of the department of 7 administrative services, send a duplicate copy to the county 8 auditor of the county of the pupil’s residence, who shall, when 9 ordered by the board of supervisors, proceed to collect the 10 same by action if necessary, in the name of the county, and 11 when so collected, shall pay the same into the county treasury. 12 c. The county auditor shall, upon receipt of the copy of 13 the certification, pass the amounts due to the credit of the 14 state, and issue a notice to the county treasurer authorizing 15 the county treasurer to transfer the amounts due to the state, 16 which shall be filed by the treasurer as authority for making 17 the transfer, and the county treasurer shall include the 18 amounts in the next remittance of state taxes to the treasurer 19 of state, designating the fund to which the amounts belong. 20 d. If a county fails to pay the amounts due within sixty 21 days from the date of certification from the superintendent, 22 the director of the department of administrative services shall 23 charge the delinquent county a penalty of three-fourths of one 24 percent per month on and after sixty days from the date of 25 certification until paid. The penalties collected shall be 26 credited to the general fund of the state. 27 Sec. 9. NEW SECTION . 259C.9 Merger requirements. 28 The board shall not merge the school for the deaf at Council 29 Bluffs with the Iowa braille and sight saving school at Vinton, 30 or services provided at or by the institutions, or close either 31 of these institutions until all of the following requirements 32 have been met: 33 1. The department of management has presented to the general 34 assembly a comprehensive plan, program, and fiscal analysis of 35 -7- LSB 1339YH (4) 85 jp/rj 7/ 16
H.F. 145 the existing circumstances and the circumstances which would 1 prevail upon the proposed merger or closing, together with 2 data which would support the contention that the merger or 3 closing will be more efficient and effective than continuation 4 of the existing services or facilities. The analysis shall 5 include a detailed study of the educational implications of 6 the merger or closing, the impact on the students, and the 7 opinions and research of nationally recognized experts in 8 the field of the education of visually impaired and deaf 9 students. The comprehensive plan shall further include a 10 study relating to the programming, fiscal consequences, and 11 political implications which would result if either a merger or 12 an agreement under chapter 28E should be implemented between 13 the school for the deaf in Council Bluffs and comparable state 14 programs in the state of Nebraska. 15 2. The general assembly has studied the plans, programs, and 16 fiscal analysis and has reviewed their impact on the programs. 17 3. The general assembly has enacted legislation authorizing 18 either the closing or the merger to take effect not sooner than 19 two years after the enactment of the legislation. 20 Sec. 10. Section 252.16, subsection 6, paragraph c, Code 21 2013, is amended to read as follows: 22 c. A blind person who is an inpatient or resident of, is 23 supported by, or is receiving treatment or support services 24 from a state resource center created under chapter 222 , a state 25 mental health institute created under chapter 226 , the Iowa 26 braille and sight saving school administered by the state board 27 of regents Iowa state board for blind and deaf education , or 28 any community-based provider of treatment or services for an 29 intellectual disability, developmental disabilities, mental 30 health, or substance abuse, does not acquire legal settlement 31 in the county in which the institution, facility, or provider 32 is located, unless the blind person has resided in the county 33 in which the institution, facility, or provider is located for 34 a period of six months prior to the date of commencement of 35 -8- LSB 1339YH (4) 85 jp/rj 8/ 16
H.F. 145 receipt of assistance under the laws of this state or for a 1 period of six months subsequent to the date of termination of 2 assistance under the laws of this state. 3 Sec. 11. Section 256B.2, subsection 2, Code 2013, is amended 4 to read as follows: 5 2. It is the policy of this state to require school 6 districts and state-operated educational programs to provide 7 or make provision, as an integral part of public education, 8 for a free and appropriate public education sufficient to 9 meet the needs of all children requiring special education. 10 This chapter is not to be construed as encouraging separate 11 facilities or segregated programs designed to meet the needs 12 of children requiring special education when the children 13 can benefit from all or part of the education program as 14 offered by the local school district. To the maximum extent 15 possible, children requiring special education shall attend 16 regular classes and shall be educated with children who do not 17 require special education. Whenever possible, hindrances to 18 learning and to the normal functioning of children requiring 19 special education within the regular school environment shall 20 be overcome by the provision of special aids and services 21 rather than by separate programs for those in need of special 22 education. Special classes, separate schooling, or other 23 removal of children requiring special education from the 24 regular educational environment, shall occur only when, and 25 to the extent that the nature or severity of the educational 26 disability is such, that education in regular classes, even 27 with the use of supplementary aids and services, cannot be 28 accomplished satisfactorily. For those children who cannot 29 adapt to the regular educational or home living conditions, 30 and who are attending facilities under chapters 259C and 263 , 31 269 , and 270 , upon the request of the board of directors of 32 an area education agency, the department of human services 33 shall provide residential or detention facilities and the area 34 education agency shall provide special education programs and 35 -9- LSB 1339YH (4) 85 jp/rj 9/ 16
H.F. 145 services. The area education agencies shall cooperate with the 1 board of regents Iowa state board for blind and deaf education 2 to provide the services required by this chapter for children . 3 Sec. 12. Section 261E.6, subsection 4, paragraph a, Code 4 2013, is amended to read as follows: 5 a. A school district, the Iowa school for the deaf, the 6 Iowa braille and sight saving school, or accredited nonpublic 7 school shall grant high school credit to an eligible student 8 enrolled in a course under this chapter if the eligible student 9 successfully completes the course as determined by the eligible 10 postsecondary institution. The board of directors of the 11 school district, the board of regents Iowa state board for 12 blind and deaf education for the Iowa school for the deaf and 13 the Iowa braille and sight saving school, or authorities in 14 charge of an accredited nonpublic school shall determine the 15 number of high school credits that shall be granted to an 16 eligible student who successfully completes a course. Eligible 17 students may take up to seven semester hours of credit during 18 the summer months when school is not in session and receive 19 credit for that attendance, if the student pays the cost of 20 attendance for those summer credit hours. 21 Sec. 13. Section 261E.6, subsection 6, Code 2013, is amended 22 to read as follows: 23 6. Definition. For purposes of this section and section 24 261E.7 , unless the context otherwise requires, “eligible 25 student” means a student classified by the board of directors 26 of a school district, by the state board of regents Iowa state 27 board for blind and deaf education for pupils of the Iowa 28 school for the deaf and the Iowa braille and sight saving 29 school, or by the authorities in charge of an accredited 30 nonpublic school as a ninth or tenth grade student who is 31 identified according to the school district’s gifted and 32 talented criteria and procedures, pursuant to section 257.43 , 33 as a gifted and talented child, or an eleventh or twelfth grade 34 student, during the period the student is participating in the 35 -10- LSB 1339YH (4) 85 jp/rj 10/ 16
H.F. 145 postsecondary enrollment options program. 1 Sec. 14. Section 261E.7, subsection 1, unnumbered paragraph 2 1, Code 2013, is amended to read as follows: 3 Not later than June 30 of each year, a school district 4 shall pay a tuition reimbursement amount to a postsecondary 5 institution that has enrolled its resident eligible 6 students under this chapter , unless the eligible student is 7 participating in open enrollment under section 282.18 , in which 8 case, the tuition reimbursement amount shall be paid by the 9 receiving district. However, if a child’s residency changes 10 during a school year, the tuition shall be paid by the district 11 in which the child was enrolled as of the date specified in 12 section 257.6, subsection 1 , or the district in which the child 13 was counted under section 257.6, subsection 1 , paragraph “a” , 14 subparagraph (6). For students enrolled at the Iowa school 15 for the deaf and the Iowa braille and sight saving school, the 16 state board of regents Iowa state board for blind and deaf 17 education shall pay a tuition reimbursement amount by June 30 18 of each year. The amount of tuition reimbursement for each 19 separate course shall equal the lesser of: 20 Sec. 15. Section 262.7, subsections 4 and 5, Code 2013, are 21 amended by striking the subsections. 22 Sec. 16. Section 262.9, subsection 2, Code 2013, is amended 23 to read as follows: 24 2. Elect a president of each of the institutions of higher 25 learning; a superintendent of each of the other institutions; 26 a treasurer and a secretarial officer for each institution 27 annually; professors, instructors, officers, and employees; 28 and fix their compensation. Sections 279.12 through 279.19 29 and section 279.27 apply to employees of the Iowa braille and 30 sight saving school and the state school for the deaf, who 31 are licensed pursuant to chapter 272 . In following those 32 sections in chapter 279 , the references to boards of directors 33 of school districts shall be interpreted to apply to the board 34 of regents. 35 -11- LSB 1339YH (4) 85 jp/rj 11/ 16
H.F. 145 Sec. 17. Section 262.9, subsection 21, Code 2013, is amended 1 by striking the subsection. 2 Sec. 18. Section 262.43, Code 2013, is amended to read as 3 follows: 4 262.43 Students residing on state-owned land. 5 The state board of regents shall pay to the local school 6 boards the tuition payments and transportation costs, as 7 otherwise authorized by statutes for the elementary or high 8 school education of students residing on land owned by the 9 state and under the control of the state board of regents. 10 Such payments for the three institutions of higher learning, 11 the state university of Iowa, the Iowa state university of 12 science and technology, and the university of northern Iowa, 13 shall be made from the funds of the respective institutions 14 other than state appropriations , and for the two noncollegiate 15 institutions, the Iowa braille and sight saving school and the 16 state school for the deaf, the payments and costs shall be paid 17 from moneys appropriated to the state board of regents . 18 Sec. 19. Section 263.12, Code 2013, is amended to read as 19 follows: 20 263.12 Payment by counties. 21 The provisions of sections 270.4 to 270.8 , inclusive, 22 section 259C.8 are hereby made applicable to the university 23 of Iowa hospitals and clinics’ center for disabilities and 24 development. 25 Sec. 20. Section 263.21, Code 2013, is amended to read as 26 follows: 27 263.21 Transfer of patients from state institutions. 28 The director of the department of human services, in respect 29 to institutions under the director’s control, the administrator 30 of any of the divisions of the department, in respect to the 31 institutions under the administrator’s control, the director of 32 the department of corrections, in respect to the institutions 33 under the department’s control, and the state board of regents 34 Iowa state board for blind and deaf education , in respect to 35 -12- LSB 1339YH (4) 85 jp/rj 12/ 16
H.F. 145 the Iowa braille and sight saving school and the Iowa school 1 for the deaf, may send any inmate, student, or patient of an 2 institution, or any person committed or applying for admission 3 to an institution, to the university of Iowa hospitals and 4 clinics for treatment and care. The department of human 5 services, the department of corrections, and the state board 6 of regents Iowa state board for blind and deaf education shall 7 respectively pay the traveling expenses of such patient, and 8 when necessary the traveling expenses of an attendant for 9 the patient, out of funds appropriated for the use of the 10 institution from which the patient is sent. 11 Sec. 21. Section 331.381, subsection 9, Code 2013, is 12 amended to read as follows: 13 9. Comply with chapters 269 and 270 chapter 259C in regard 14 to the payment of costs for pupils at the Iowa braille and 15 sight saving school and the Iowa school for the deaf. 16 Sec. 22. Section 331.424, subsection 1, paragraph a, 17 subparagraph (1), subparagraph division (c), Code 2013, is 18 amended to read as follows: 19 (c) Clothing, transportation, medical, or other services 20 provided persons attending the Iowa braille and sight saving 21 school, the Iowa school for the deaf, or the university of Iowa 22 hospitals and clinics’ center for disabilities and development 23 for children with severe disabilities at Iowa City, for which 24 the county becomes obligated to pay pursuant to sections 259C.8 25 and 263.12 , 269.2 , and 270.4 through 270.7 . 26 Sec. 23. Section 331.502, subsection 17, Code 2013, is 27 amended to read as follows: 28 17. Carry out duties relating to the collection and payment 29 of funds for educating and supporting deaf students as provided 30 in sections 270.6 and 270.7 section 259C.8 . 31 Sec. 24. Section 331.552, subsection 13, Code 2013, is 32 amended to read as follows: 33 13. Make transfer payments to the state for school expenses 34 for blind and deaf children and support of persons with mental 35 -13- LSB 1339YH (4) 85 jp/rj 13/ 16
H.F. 145 illness as provided in sections 230.21 , 269.2 , and 270.7 and 1 259C.8 . 2 Sec. 25. REPEAL. Chapter 269, Code 2013, is repealed. 3 Sec. 26. REPEAL. Chapter 270, Code 2013, is repealed. 4 Sec. 27. TRANSITION. 5 1. The state board of regents shall administer the Iowa 6 school for the deaf and the Iowa braille and sight saving 7 school in accordance with the requirements of this Act until 8 the Iowa state board for blind and deaf education and that 9 board’s director are appointed. Upon order of the governor 10 following the appointments, the administrative responsibilities 11 shall be transferred to the Iowa state board for blind and deaf 12 education and that board’s director. 13 2. Appropriations made for purposes of the Iowa school for 14 the deaf, the Iowa braille and sight saving school, and the 15 Iowa state board for blind and deaf education for the fiscal 16 year beginning July 1, 2013, shall be administered by the 17 department of management until the governor’s transfer order 18 under subsection 1 is issued. 19 3. Until the Iowa state board for blind and deaf education 20 has adopted administrative rules and procedures to implement 21 the provisions of chapter 259C, as enacted by this Act, the 22 relevant rules and procedures for the Iowa school for the deaf 23 and the Iowa braille and sight saving school adopted under 24 authority of the state board of regents shall continue to 25 apply. Any contracts relating to the two schools entered into 26 prior to July 1, 2013, shall continue in accordance with the 27 terms of those contracts until expiration of the contracts. 28 Sec. 28. IMPLEMENTATION OF ACT. Section 25B.2, subsection 29 3, shall not apply to this Act. 30 EXPLANATION 31 This bill creates an Iowa state board for blind and deaf 32 education with authority over the Iowa school for the deaf and 33 the Iowa braille and sight saving school in place of the state 34 board of regents. 35 -14- LSB 1339YH (4) 85 jp/rj 14/ 16
H.F. 145 New Code section 259C.1 provides definitions. 1 New Code section 259C.2 creates the Iowa state board for 2 blind and deaf education, with voting members appointed by the 3 governor, with the superintendents of the schools as voting 4 members, and with a representative of the governor’s office and 5 legislators as nonvoting members. The governor’s voting member 6 appointees are subject to senate confirmation. 7 New Code section 259C.3 specifies the board’s duties. 8 New Code section 259C.4 provides for appointment of a 9 director for the board and specifies duties. 10 New Code section 259C.5 addresses the Iowa school for the 11 deaf in Council Bluffs, as established pursuant to Code chapter 12 270, Code 2013. The school is required to provide services to 13 eligible pupils, as defined in the Code section. 14 New Code section 259C.6 addresses the Iowa braille and 15 sight saving school in Vinton, as established pursuant to Code 16 chapter 269, Code 2013. The school is required to provide 17 services to eligible pupils, as defined in the Code section. 18 New Code section 259C.7 lists services required to 19 be provided at the schools and provides that the school 20 environments are to be considered in compliance with 21 requirements for the provision of services in the least 22 restrictive environment. In addition, if an individual 23 education plan developed for an individual resident of this 24 state who is less than age 21 and has a severe hearing loss 25 or visual disability, the plan developed to address the 26 individual’s needs must evaluate the extent to which the 27 continuum of services available in the individual’s home school 28 district would be provided in the least restrictive environment 29 available to the individual and provides a list of criteria for 30 that purpose. 31 New Code section 259C.8 provides procedures for charges 32 to counties for eligible pupils with legal settlement. The 33 charges are required to be comparable to those charged for 34 services at the schools under current law. 35 -15- LSB 1339YH (4) 85 jp/rj 15/ 16
H.F. 145 New Code section 259C.9 prohibits the board from merging the 1 two schools or services provided at or by the two schools or 2 closing the two schools unless various requirements are met, 3 including enactment of legislation authorizing the merger or 4 closure. 5 Conforming amendments are made to various Code provisions 6 to reflect the change in administrative responsibility for the 7 schools and internal references. Code chapter 269, relating to 8 the Iowa braille and sight saving school, and Code chapter 270, 9 relating to the Iowa school for the deaf, are repealed. 10 A transition provision requires the state board of regents 11 to administer the schools in accordance with the bill until 12 the governor appoints the new board and director and orders 13 transfer of the administrative responsibility, provides 14 for administration of appropriations for the schools by the 15 department of management pending the appointments, continues 16 rules and procedures until replaced, and continues contracts. 17 The bill may include a state mandate as defined in Code 18 section 25B.3. The bill makes inapplicable Code section 25B.2, 19 subsection 3, which would relieve a political subdivision from 20 complying with a state mandate if funding for the cost of 21 the state mandate is not provided or specified. Therefore, 22 political subdivisions are required to comply with any state 23 mandate included in the bill. 24 -16- LSB 1339YH (4) 85 jp/rj 16/ 16
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