§ 282.27 — Children living in psychiatric hospitals or institutions — payment

Iowa § 282.27

• Jurisdiction: Iowa
• Title VII: EDUCATION, HISTORY, AND CULTURE
• Ch. 282: SCHOOL ATTENDANCE AND TUITION

Text

1. The public school district in which a psychiatric unit of a hospital licensed under
chapter 135B or a psychiatric medical institution for children licensed under chapter 135H,
which is not operated by the state, is located shall be responsible for the provision of
educational services to children residing in the unit or institution. Children residing in the
unit or institution shall be included in the basic enrollment of their districts of residence, as
defined in section 282.31, subsection 4.
2. The board of directors of each district of residence shall pay to the school district
in which such psychiatric unit or institution is located, for the provision of educational
services to the child, a portion of the tuition rate prescribed by section 282.24 for students
residing within another school district for each of such children who does not require special

education, based upon the proportion that the time each child is provided educational
services while in such unit or institution is to the total time for which the child is provided
educational services during a normal school year. The actual special education instructional
costs incurred for a child who resides in the unit or institution shall be paid by the district of
residence of the child to the district in which the unit or institution is located.
3. Notwithstandingsection282.24, ifachildforwhomallofthefollowingappliesisplaced
in the psychiatric unit or institution, the district of residence may use amounts received as
supplementary weighting pursuant to section 257.11, subsection 4, to pay the instructional
costs necessary to address the child’s behavior during instructional time when those services
are not otherwise provided to students who do not require special education and the costs
exceed the costs of instruction of pupils in a regular curriculum and the costs exceed the
maximum tuition rate prescribed by section 282.24:
a. The child does not require special education.
b. The child is not placed by the department of health and human services or a court in a
day program treatment program in such psychiatric unit or institution.
c. The board of directors of the district of residence has determined that the child is likely
to inflict self-harm or likely to harm another student.
4. Notwithstanding section 282.24, if a child for whom all of the following applies is
placed in the psychiatric unit or institution, the district of residence may use the funding
for programs for returning dropouts and dropout prevention calculated pursuant to section
257.41, to pay the instructional costs necessary to address the child’s behavior during
instructional time when those services are not otherwise provided to students who do not
require special education and the costs exceed the costs of instruction of pupils in a regular
curriculum, the costs exceed the maximum tuition rate prescribed by section 282.24, and the
child meets the definition of a returning dropout or potential dropout in section 257.39:
a. The child does not require special education.
b. The child is not placed by the department of health and human services or a court in a
day program treatment program in such psychiatric unit or institution.
c. The board of directors of the district of residence has determined that the child is likely
to inflict self-harm or likely to harm another student.
5. Notwithstanding section 282.31, subsection 1, paragraph “b”, subparagraph (1), if a
child placed in the psychiatric unit or institution was not enrolled in the educational program
of the district of residence of the child on October 1 of the current school year, the district
of residence may include that student in a claim submitted to the department of education
pursuant to section 282.31, subsection 1, paragraph “b”, subparagraph (2).