SF 150 (LSB 1702XS (3) 87)

SENATE FILE 150

BY  ZAUN

A BILL FOR

An Act relating to supplementary weighting for limited English proficient students and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 257.31, subsection 5, paragraph j, Code 2017, is amended to read as follows:
   j.  Unusual need to continue providing a program or other special assistance to non-English speaking limited English proficient pupils after the expiration of the five-year period of years specified in section 280.4.
    Sec. 2.  Section 280.4, subsection 3, Code 2017, is amended to read as follows:
   3.  a.  In order to provide funds for the excess costs of instruction of limited English proficient students specified in paragraph “b” above the costs of instruction of pupils in a regular curriculum, students identified as limited English proficient shall be assigned an additional weighting of twenty-two hundredths, and that weighting shall be included in the weighted enrollment of the school district of residence for a period not exceeding five the period of years specified in paragraph “b”. However, the school budget review committee may grant supplemental aid or a modified supplemental amount to a school district to continue funding a program for students after the expiration of the five-year specified period of years.
   b.  (1)  For students first determined to be limited English proficient for a budget year beginning on or after July 1, 2010, but before July 1, 2017, the additional weighting provided under paragraph “a” shall be included in the weighted enrollment of the school district of residence for a cumulative period of time not exceeding five years beginning with the budget year for which the student was first determined to be limited English proficient. The five years of eligibility for the additional weighting need not be consecutive and a student’s eligibility for the additional weighting is transferable to another district of residence.
   (2)  For students first determined to be limited English proficient for a budget year beginning on or after July 1, 2017, the additional weighting provided under paragraph “a” shall be included in the weighted enrollment of the school district of residence for a period not exceeding seven years beginning with the budget year for which the student was first determined to be limited English proficient. The seven years of eligibility for the additional weighting need not be consecutive and a student’s eligibility for the additional weighting is transferable to another district of residence.
    Sec. 3.  Section 282.18, subsection 7, Code 2017, is amended to read as follows:
   7.  A pupil participating in open enrollment shall be counted, for state school foundation aid purposes, in the pupil’s district of residence. A pupil’s residence, for purposes of this section, means a residence under section 282.1. The board of directors of the district of residence shall pay to the receiving district the sum of the state cost per pupil for the previous school year plus either the teacher leadership supplement state cost per pupil for the previous fiscal year as provided in section 257.9 or the teacher leadership supplement foundation aid for the previous fiscal year as provided in section 284.13, subsection 1, paragraph “e”, if both the district of residence and the receiving district are receiving such supplements, plus any moneys received for the pupil as a result of the non-English speaking limited English proficient weighting under section 280.4, subsection 3, for the previous school year multiplied by the state cost per pupil for the previous year. If the pupil participating in open enrollment is also an eligible pupil under section 261E.6, the receiving district shall pay the tuition reimbursement amount to an eligible postsecondary institution as provided in section 261E.7.
    Sec. 4.  Section 282.18, subsection 15, paragraph a, Code 2017, is amended to read as follows:
   a.  If a request under this section is for transfer to the research and development school, as described in chapter 256G, the student who is the subject of the request shall be included in the basic enrollment of the student’s district of residence and the board of directors of the district of residence shall pay to the research and development school the state cost per pupil for the previous school year, plus any moneys received for the pupil as a result of the non-English speaking limited English proficient weighting under section 280.4, subsection 3, for the previous school year multiplied by the state cost per pupil for the previous year.
    Sec. 5.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 6.  APPLICABILITY.  This Act applies to school budget years beginning on or after July 1, 2017.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to limited English proficient education by increasing the number of years for the supplementary weighting for limited English proficient students.
   Current Code section 280.4 provides supplementary weighting for the excess costs of instruction of limited English proficient students. The current amount of the supplementary weighting for students identified as limited English proficient is 0.22 per student. The weighting is provided for those students first determined to be limited English proficient for a budget year beginning on or after July 1, 2010, and may be included in the weighted enrollment of the school district for a period not exceeding five years.
   The bill provides that for students first determined to be limited English proficient for a budget year beginning on or after July 1, 2010, but before July 1, 2017, the additional weighting may be included for a period not exceeding five years. For students first determined to be limited English proficient for a budget year beginning on or after July 1, 2017, the additional weighting may be included for a period not exceeding seven years. Similar to current law governing students first determined to be limited English proficient for a budget year beginning on or after July 1, 2010, but before July 1, 2017, the period of seven years need not be consecutive and is transferable to another district of residence.
   The bill also makes statutory changes to provide uniformity in referring to limited English proficient pupils.
   The bill takes effect upon enactment and applies to school budget years beginning on or after July 1, 2017.