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Text: HF02156                           Text: HF02158
Text: HF02100 - HF02199                 Text: HF Index
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House File 2157

Partial Bill History

Bill Text

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 to non-English speaking limited English
  1  9 proficient pupils after the expiration of the three-year
  1 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 exceeding three four 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 the three-year original 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 of non-English speaking limited English
  3 11 proficiency weighting under section 280.4, subsection 4 3, 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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