Senate adopts amendment tying special-education pilot to funding and passes Senate File 2404

The Senate on March 10 adopted an amendment making the implementation of a special-education pilot program contingent on appropriated funds and then passed Senate File 2404 on final reading by a roll call of 32 ayes to 13 nays.

Senator Scott Gruenhagen (Scott), sponsor of the bill and the amendment, said the change “strikes through the original funding mechanism and makes the implementation of the pilot program contingent on appropriated funds,” and moved the amendment into the record before the body approved it by voice vote and proceeded to debate the bill as amended.

The measure would create a pilot program to study specialized attendance centers intended to serve students requiring special-education services or facing significant behavioral challenges; the sponsor said the pilot would test whether such centers improve outcomes.

Opponents argued the bill risks creating segregated settings for students with disabilities and could run afoul of federal law. “This bill ... offer[s] a remarkably efficient way to move Iowa's special education system backwards,” Senator Stade (Lehi) said, adding that placement decisions should be made through individualized education programs under the Individuals with Disabilities Education Act and that Iowa should invest in higher pay, retention, training and supports for special-education staff instead of building separate facilities.

Senator Donahue (Linn) asked whether the Department of Education could assign districts to participate rather than allowing districts to volunteer; Senator Gruenhagen replied, “I would reject the premise that it's a forced bill,” and said districts could be voluntary but acknowledged the department could designate a partner district in some circumstances.

Supporters, including Senator Evans (Cherokee), said the bill responds to requests from administrators, teachers and parents and creates a continuum of services that may be necessary when the least-restrictive general-education setting is not appropriate for a given student.

The secretary reported the final roll call as 32 ayes and 13 nays; the bill was declared passed by a constitutional majority. Later in the session Senator Klemish requested unanimous consent to immediately message Senate File 2404; the request was ordered without objection.

The debate repeatedly referenced compliance with the Individuals with Disabilities Education Act and a cited court decision (Andrew v. Douglas County School District) as context for caution about separate settings. The bill’s immediate next steps include transmittal as ordered by the chamber.