HF 2177 (LSB 5061YH (5) 86)

HOUSE FILE 2177

BY  WINCKLER, ABDUL-SAMAD, STAED, HUNTER, MASCHER, HANSON, WOLFE, ANDERSON, KEARNS, BEARINGER, BERRY, OURTH, SMITH, STECKMAN, GASKILL, COHOON, WESSEL-KROESCHELL, LENSING, ISENHART, FORBES, McCONKEY, and DUNKEL

A BILL FOR

An Act creating a dual language immersion pilot project and fund and a state certificate of biliteracy to be administered by the department of education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.9, subsection 65, Code 2016, is amended to read as follows:
   65.  Establish an English language literacy for all grant program which shall be made available to all school districts. Priority in issuing grants shall be given to school districts with the highest percentage of students identified as limited English proficient, to school districts that have large numbers of students determined to be limited English proficient, or to school districts that have an exceptional diversity of languages of origin spoken by students determined to be limited English proficient. A grant may be awarded for a period of up to three years. The department and each school district receiving a grant shall enter into a performance agreement, which shall be renewed annually, that identifies clear literacy achievement goals for limited English proficient students enrolled in the school district and includes an accountability system to measure student performance and evaluate program effectiveness to ensure that program goals are met. School districts may expend grant moneys for professional development for professional staff providing instructional services to limited English proficient students.  A school district awarded a grant for a dual language immersion program under section 256.25A is ineligible for a grant under this subsection if the grant expenditure periods would overlap.
    Sec. 2.  NEW SECTION.  256.25  State certificate of biliteracy.
   1.  Definitions.  As used in this section unless the context otherwise requires:
   a.  “Certificate” means the state certificate of biliteracy created under this section.
   b.  “Foreign language” means any language other than English, including but not limited to modern languages, Latin, American sign language, and Native American and other native languages.
   2.  Certificate program established.  A state certificate of biliteracy program is established in the department to be administered by the department.
   a.  The program shall be established to achieve the following purposes:
   (1)  To encourage students to study languages.
   (2)  To certify a student’s attainment of biliteracy.
   (3)  To provide employers with a method of identifying individuals with language and biliteracy skills.
   (4)  To provide postsecondary educational institutions with an additional method to recognize applicants for admission.
   (5)  To complement the twenty-first century learning skills and knowledge identified in accordance with section 256.7, subsection 26.
   (6)  To recognize the value of foreign language and native language instruction in this state’s schools.
   (7)  To strengthen intergroup relationships, affirm the value of diversity, and honor the multiple cultures and languages of a community.
   b.  The department shall do all of the following:
   (1)  Establish the criteria for earning a certificate, including but not limited to the number of credits a student must earn in English and language arts and a foreign language.
   (2)  Identify approved assessments of English and foreign languages and the grades and scores necessary to demonstrate a student’s high level of proficiency in English and a foreign language.
   (3)  Prepare and deliver to participating school districts, attendance centers, and accredited nonpublic schools an appropriate mechanism for awarding the certificate and designating on a student’s transcript that the student has been awarded a certificate.
   (4)  Provide to a participating school district, attendance center, and accredited nonpublic school any other information which the department determines is necessary for successful participation in the program.
   3.  Voluntary participation —— participation requirements.
   a.  Participation in the program by a school district, attendance center, or accredited nonpublic school shall be voluntary.
   b.  A participating school district, attendance center, or accredited nonpublic school shall do all of the following:
   (1)  Maintain appropriate records to identify students who have earned a certificate.
   (2)  Make the appropriate designation on the transcript of each student who earns a certificate.
   4.  Demonstration of proficiency —— fees.  In order to be awarded a certificate, a student shall demonstrate the attainment of a high level of proficiency, sufficient for meaningful use in postsecondary education and career opportunities of one or more foreign languages. A student shall not be charged a fee to receive a certificate; however, a student may be required to pay a fee to demonstrate proficiency in a language, including the actual cost of a standardized test to determine the level of the student’s proficiency.
    Sec. 3.  NEW SECTION.  256.25A  Dual language immersion project —— pilot program grants.
   1.  Project established.  The department shall establish and maintain a dual language immersion pilot project to award grants to not more than ten school districts annually for purposes of establishing or expanding dual language immersion pilot programs which do the following:
   a.  Use an instructional model that provides fifty percent of instruction in English and fifty percent of instruction in any one of the following foreign languages:
   (1)  Chinese.
   (2)  Spanish.
   (3)  French.
   (4)  A language approved by the department for purposes of this section.
   b.  Begin dual language immersion instruction in either kindergarten or grade one.
   c.  Meet any other requirement established by the department for purposes of this section.
   2.  Criteria —— eligibility.  The department shall develop grant application, selection, and evaluation criteria. A school district awarded a grant under the English language literacy for all grant program established pursuant to section 256.9, subsection 65, is ineligible for a grant under this section if the grant expenditure periods would overlap.
   3.  Grant requisites.  Priority in awarding grants shall be given to school districts with the highest percentage of students identified as limited English proficient, to school districts that have large numbers of students determined to be limited English proficient, or to school districts that have an exceptional diversity of languages of origin spoken by students determined to be limited English proficient. However, students who are native English speakers may be enrolled in a pilot program. A grant may be awarded for a period of up to three years.
   4.  Performance agreement.  The department and each school district receiving a grant shall enter into a performance agreement, which shall be renewed annually, that identifies clear achievement goals for students enrolled in the school district’s dual language immersion pilot program and includes an accountability system to measure student performance and evaluate program effectiveness to ensure that program goals are met.
   5.  Professional development.  School districts may expend grant moneys for professional development for professional staff providing dual language immersion instructional services to students.
   6.  Annual report.  The department shall submit an annual report summarizing program activities and making recommendations to the state board, the governor, and the general assembly by January 15.
   7.  Fund.  A separate, dual language immersion pilot project fund is created in the state treasury under the control of the department. The fund shall consist of all moneys deposited in the fund, including any moneys appropriated by the general assembly and any other moneys available to and obtained or accepted by the department from federal or private sources for purposes of the pilot project. Moneys in the fund are appropriated to the department for purposes of this section. Notwithstanding section 8.33, moneys in the fund at the end of a fiscal year shall not revert to the general fund of the state but shall remain available for expenditure for purposes of this section. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.
   8.  Rules.  The state board shall adopt rules to administer this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill establishes a dual language immersion pilot project and fund and a state certificate of biliteracy to be administered by the department of education.
   CERTIFICATE. The state certificate of biliteracy is established to encourage students to study languages, to certify a student’s attainment of biliteracy and recognize the value of such attainment, to provide employers with a method of identifying individuals with such skills, to complement the 21st century skills and knowledge identified by the department, to provide colleges and universities with an additional method to recognize applicants for admission, and to honor the multiple cultures and languages of a community. 
   The department must establish criteria for earning a certificate; identify approved assessments and measures necessary to demonstrate a student’s high level of proficiency in English and a foreign language; and prepare and deliver to participating school districts, attendance centers, and accredited nonpublic schools a mechanism for awarding the certificate and for designating such attainment on a student’s transcript, and providing any other information which the department determines is necessary for successful participation in the program.
   Participation in the program is voluntary, but a participating school district, attendance center, or accredited nonpublic school must maintain appropriate records to identify students who have earned a certificate and must make the appropriate designation on the transcript of each student who earns a certificate.
   A student shall not be charged a fee to receive a certificate; however, a student may be required to pay a fee to demonstrate proficiency in a language, including the actual cost of a standardized test to determine the student’s level of proficiency. 
   The bill defines “foreign language” to mean any language other than English, including but not limited to modern languages, Latin, American sign language, and Native American and other native languages.
   DUAL LANGUAGE IMMERSION PROJECT AND FUND. The department is directed to establish and maintain a dual language immersion pilot project to award grants to not more than 10 school districts annually for purposes of establishing or expanding dual language immersion pilot programs. A grant may be awarded for a period of up to three years.
   Such programs must use an instructional model that, beginning in kindergarten or grade one, provides 50 percent of instruction in English and 50 percent of instruction in Chinese, Spanish, French, or any other language approved by the department. The department is authorized to add to these requirements. 
   A school district is ineligible to grants concurrently under the English language literacy for all grant program and the dual language immersion pilot project if the grant expenditure periods would overlap.
   Priority in awarding grants shall be given to school districts with high limited English proficient enrollments or that have an exceptional diversity of languages of origin spoken by students. However, students who are native English speakers may be enrolled in a pilot program. 
   The department and each school district receiving a grant shall enter into a performance agreement that identifies clear achievement goals and includes an accountability system to measure student performance and evaluate program effectiveness. 
   School districts may expend grant moneys for professional development for staff providing dual language immersion instructional services to students. 
   The dual language immersion pilot project fund is created in the state treasury under the control of the department. The fund consists of any moneys appropriated by the general assembly and any other moneys available to and obtained or accepted by the department from federal or private sources for purposes of the program. Moneys in the fund are appropriated to the department for purposes of the project and do not revert to the general fund of the state. Interest or earnings on the moneys in the fund shall be credited to the fund. 
   The department shall submit an annual report summarizing program activities and progress and making recommendations to the state board, the governor, and the general assembly by January 15. The state board is directed to adopt rules to administer the project.