Text: HF02156 Text: HF02158 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 1.18 OFFICIAL LANGUAGE OF STATE. 1 2 The official language of the state shall be the English 1 3 language and all official proceedings, records, and 1 4 publications shall be in the English language. 1 5 Sec. 2. Section 257.31, subsection 5, paragraph j, Code 1 6 1995, is amended to read as follows: 1 7 j. Unusual need to continue providing a program or other 1 8 special assistance tonon-English speakinglimited English 1 9 proficient pupils after the expiration of thethree-year1 10 period specified in section 280.4. 1 11 Sec. 3. Section 280.4, subsection 3, Code 1995, is amended 1 12 to read as follows: 1 13 3. In order to provide funds for the excess costs of 1 14 instruction of limited English proficient students above the 1 15 costs of instruction of pupils in a regular curriculum, 1 16 students identified as limited English proficient shall be 1 17 assigned an additional weighting that shall be included in the 1 18 weighted enrollment of the school district of residence for a 1 19 period not exceedingthreefour years for the school year 1 20 commencing July 1, 1996, and subsequent school years. 1 21 However, the school budget review committee may grant 1 22 supplemental aid or modified allowable growth to a school 1 23 district to continue funding a program for students after the 1 24 expiration of thethree-yearoriginal period. The school 1 25 budget review committee shall calculate the additional amount 1 26 for the weighting to the nearest one-hundredth of one percent 1 27 so that to the extent possible the moneys generated by the 1 28 weighting will be equivalent to the moneys generated by the 1 29 two-tenths weighting provided prior to July 2, 1991. 1 30 Sec. 4. Section 280.4, Code 1995, is amended by adding the 1 31 following new subsections: 1 32 NEW SUBSECTION. 4. The board of directors of a school 1 33 district shall provide documentation that a limited English 1 34 proficient student requires special instruction beyond a four- 1 35 year period. 2 1 NEW SUBSECTION. 5. If a district's actual number of 2 2 limited English proficient students for the budget year is 2 3 greater than the number of limited English proficient students 2 4 in its budget enrollment for the budget year, the district is 2 5 granted an additional funding from the state of an amount 2 6 equal to the product of the additional weighting for limited 2 7 English proficient students determined in subsection 3, 2 8 multiplied by the difference between the actual number of 2 9 limited English proficient students for the budget year and 2 10 the number of limited English proficient students in its 2 11 budget enrollment for the budget year. The additional funding 2 12 received is miscellaneous income to the district. 2 13 If a district receives additional funding under this 2 14 subsection for a budget year, the department of management 2 15 shall determine the amount of the additional funding which 2 16 would have been generated by local property tax revenues if 2 17 the actual number of limited English proficient students for 2 18 the budget year had been used in determining district cost for 2 19 that budget year. The department of management shall reduce, 2 20 but not by more than the amount of the additional funding, the 2 21 district's total state school aid otherwise available under 2 22 chapter 257 for the following budget year by the amount so 2 23 determined, and shall increase the district's additional 2 24 property tax levy for the following budget year by the amount 2 25 necessary to compensate for the reduction in state aid, so 2 26 that the local property tax for the following year will be 2 27 increased only by the amount which it would have been 2 28 increased in the budget year if the enrollment calculated in 2 29 this subsection could have been used to establish the levy. 2 30 There is appropriated each fiscal year from the general 2 31 fund of the state to the department of education the amount 2 32 required to pay the additional funding authorized under this 2 33 subsection. The state aid paid to school districts under this 2 34 subsection shall be paid in monthly installments beginning on 2 35 December 15 of a budget year and ending on June 15. 3 1 Sec. 5. Section 282.18, subsection 8, Code 1995, is 3 2 amended to read as follows: 3 3 8. A pupil participating in open enrollment shall be 3 4 counted, for state school foundation aid purposes, in the 3 5 pupil's district of residence. A pupil's residence, for 3 6 purposes of this section, means a residence under section 3 7 282.1. The board of directors of the district of residence 3 8 shall pay to the receiving district the lower district cost 3 9 per pupil of the two districts, plus any moneys received for 3 10 the pupil as a result ofnon-English speakinglimited English 3 11 proficiency weighting under section 280.4, subsection43, for 3 12 each school year. The district of residence shall also 3 13 transmit the phase III moneys allocated to the district for 3 14 the full-time equivalent attendance of the pupil, who is the 3 15 subject of the request, to the receiving district specified in 3 16 the request for transfer. 3 17 Sec. 6. This Act, being deemed of immediate importance, 3 18 takes effect upon enactment for the purpose of computations 3 19 required for payment of state aid to and levying of property 3 20 taxes by school districts for budget years beginning on or 3 21 after July 1, 1996. Section 5 shall not take effect unless 3 22 the appropriation allocated in section 4 is enacted. 3 23 EXPLANATION 3 24 This bill provides for the establishment of the English 3 25 language as the official language of the state. All official 3 26 proceedings, records, and publications shall be in the English 3 27 language. 3 28 The bill extends the maximum time frame for funding for 3 29 limited English proficient students from three years to four 3 30 years for the school year beginning July 1, 1996. It also 3 31 requires that the board of directors of a school district 3 32 provide documentation that a limited English proficient 3 33 student requires additional special instruction beyond a four- 3 34 year period. Section 282.18, subsection 8, is amended to 3 35 correspond to Code changes made in 1993, concerning payment by 4 1 a district of residence to an open enrollment receiving 4 2 district additional funding for limited English proficiency 4 3 students. This may constitute a state mandate as defined in 4 4 section 25B.3, and would be contingent upon appropriation of 4 5 funds for the limited English proficiency weighted enrollment 4 6 provided in section 4. 4 7 The bill also provides that if the actual number of limited 4 8 English proficient students in a school district exceeds the 4 9 number of limited English proficient students in the budget 4 10 enrollment for the budget year, the district can receive 4 11 additional funding attributable to the increased number of 4 12 students. The amount of the additional funding is equal to 4 13 the additional weighting for limited English proficient 4 14 students multiplied by the difference between the actual and 4 15 budget numbers of limited English proficient students for the 4 16 budget year. The additional funding is classified as 4 17 miscellaneous income. 4 18 The additional funding received in a given budget year will 4 19 impact the following year's state aid and property tax levels. 4 20 The amount which would have been generated by property taxes 4 21 if the actual (increased) number of limited English proficient 4 22 students was used in determining the district cost will be 4 23 calculated by the department of management. This amount will 4 24 reduce the level of state aid available to the district for 4 25 the following year, but not by more than the amount of the 4 26 additional funding. The district's additional property tax 4 27 levy for the following budget year will then be increased by 4 28 the amount necessary to compensate for the reduction in state 4 29 aid. 4 30 The bill appropriates the amount necessary to pay the 4 31 additional funding each fiscal year to the department of 4 32 education. 4 33 LSB 4103HH 76 4 34 rn/sc/14.1
Text: HF02156 Text: HF02158 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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