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Senate File 2276

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 257.31, subsection 5, paragraph j, Code
  1  2 1995, is amended to read as follows:
  1  3    j.  Unusual need to continue providing a program or other
  1  4 special assistance to non-English speaking limited English
  1  5 proficient pupils after the expiration of the three-year
  1  6 period specified in section 280.4.
  1  7    Sec. 2.  Section 280.4, subsection 3, Code 1995, is amended
  1  8 to read as follows:
  1  9    3.  In order to provide funds for the excess costs of
  1 10 instruction of limited English proficient students above the
  1 11 costs of instruction of pupils in a regular curriculum,
  1 12 students identified as limited English proficient shall be
  1 13 assigned an additional weighting that shall be included in the
  1 14 weighted enrollment of the school district of residence for a
  1 15 period not exceeding three four years for the school year
  1 16 commencing July 1, 1996, and ending June 30, 1997, and not
  1 17 exceeding five years for the subsequent school years.
  1 18 However, the school budget review committee may grant
  1 19 supplemental aid or modified allowable growth to a school
  1 20 district to continue funding a program for students after the
  1 21 expiration of the three-year original period.  The school
  1 22 budget review committee shall calculate the additional amount
  1 23 for the weighting to the nearest one-hundredth of one percent
  1 24 so that to the extent possible the moneys generated by the
  1 25 weighting will be equivalent to the moneys generated by the
  1 26 two-tenths weighting provided prior to July 2, 1991.
  1 27    Sec. 3.  Section 280.4, Code 1995, is amended by adding the
  1 28 following new subsections:
  1 29    NEW SUBSECTION.  4.  The board of directors of a school
  1 30 district shall provide documentation that a limited English
  1 31 proficient student requires special instruction beyond the
  1 32 original period.
  1 33    NEW SUBSECTION.  5.  If a district's actual number of
  1 34 limited English proficient students for the budget year is
  1 35 greater than the number of limited English proficient students
  2  1 in its budget enrollment for the budget year, the district is
  2  2 granted an additional funding from the state of an amount
  2  3 equal to the regular program district cost per pupil times the
  2  4 product of the additional weighting for limited English
  2  5 proficient students determined in subsection 3, multiplied by
  2  6 the difference between the actual number of limited English
  2  7 proficient students for the budget year and the number of
  2  8 limited English proficient students in its budget enrollment
  2  9 for the budget year.  The additional funding received is
  2 10 miscellaneous income to the district.
  2 11    If a district receives additional funding under this
  2 12 subsection for a budget year, the department of management
  2 13 shall determine the amount of the additional funding which
  2 14 would have been generated by local property tax revenues if
  2 15 the actual number of limited English proficient students for
  2 16 the budget year had been used in determining district cost for
  2 17 that budget year.  The department of management shall reduce,
  2 18 but not by more than the amount of the additional funding, the
  2 19 district's total state school aid otherwise available under
  2 20 chapter 257 for the following budget year by the amount so
  2 21 determined, and shall increase the district's additional
  2 22 property tax levy for the following budget year by the amount
  2 23 necessary to compensate for the reduction in state aid, so
  2 24 that the local property tax for the following year will be
  2 25 increased only by the amount which it would have been
  2 26 increased in the budget year if the enrollment calculated in
  2 27 this subsection could have been used to establish the levy.
  2 28    There is appropriated each fiscal year from the general
  2 29 fund of the state to the department of education the amount
  2 30 required to pay the additional funding authorized under this
  2 31 subsection.  The state aid paid to school districts under this
  2 32 subsection shall be paid in monthly installments beginning on
  2 33 December 15 of a budget year and ending on June 15.
  2 34    Sec. 4.  Section 282.18, subsection 8, Code 1995, is
  2 35 amended to read as follows:
  3  1    8.  A pupil participating in open enrollment shall be
  3  2 counted, for state school foundation aid purposes, in the
  3  3 pupil's district of residence.  A pupil's residence, for
  3  4 purposes of this section, means a residence under section
  3  5 282.1.  The board of directors of the district of residence
  3  6 shall pay to the receiving district the lower district cost
  3  7 per pupil of the two districts, plus any moneys received for
  3  8 the pupil as a result of non-English speaking limited English
  3  9 proficiency weighting under section 280.4, subsection 4 3, for
  3 10 each school year.  The district of residence shall also
  3 11 transmit the phase III moneys allocated to the district for
  3 12 the full-time equivalent attendance of the pupil, who is the
  3 13 subject of the request, to the receiving district specified in
  3 14 the request for transfer.
  3 15    Sec. 5.  This Act, being deemed of immediate importance,
  3 16 takes effect upon enactment for budget computation purposes
  3 17 for the school budget year beginning July 1, 1996.  
  3 18                           EXPLANATION
  3 19    This bill extends the maximum time frame for funding for
  3 20 limited English proficient students from three years to four
  3 21 years for the school year commencing July 1, 1996, and ending
  3 22 June 30, 1997, and to five years for the subsequent school
  3 23 years.  It also requires that the board of directors of a
  3 24 school district provide documentation that a limited English
  3 25 proficient student requires additional special instruction
  3 26 beyond the specified time frame.
  3 27    Section 282.18, subsection 8, is amended to correspond to
  3 28 Code changes made in 1993, concerning payment of a district of
  3 29 residence to an open enrollment district receiving additional
  3 30 funding for limited English proficiency students.  This may
  3 31 constitute a state mandate as defined in section 25B.3, and
  3 32 would be contingent upon appropriation of funds for the
  3 33 limited English proficiency weighted enrollment provided in
  3 34 section 3.
  3 35    The bill also provides that if the actual number of limited
  4  1 English proficient students in a school district exceeds the
  4  2 number of limited English proficient students in the budget
  4  3 enrollment for the budget year, the district can receive
  4  4 additional funding attributable to the increased number of
  4  5 students.  The amount of the additional funding is equal to
  4  6 the regular program district cost times the product of the
  4  7 additional weighting for limited English proficient students
  4  8 multiplied by the difference between the actual and budget
  4  9 numbers of limited English proficient students for the budget
  4 10 year.  The additional funding is classified as miscellaneous
  4 11 income.
  4 12    The bill provides for an effective date upon enactment.  
  4 13 LSB 4294SV 76
  4 14 rn/sc/14
     

Text: SF02275                           Text: SF02277
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