§ 282.31 — Funding for special programs

Iowa § 282.31

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

Text

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 days for which a school district generated funding for 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 less than the sum of the
number of days enrolled for all children enrolled in the school district under this paragraph
“b” during the school year, 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 quotient
of the excess number of enrolled days for children under this paragraph “b” divided by the
number of days in the district’s board-approved calendar for the previous year. 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, shallbepaidbythedistrictofresidenceofthechildtothedistrictinwhichthefacility,
home, or other placement is located, and the costs shall include the cost of transportation.
b. Achildshallnotbedeniedspecialeducationprogramsandservicesbecauseofadispute
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.