281—60.3(280) School district responsibilities.
	60.3(1) Student identification and assessment. A school district shall use the following criteria in determining a student’s eligibility:
	a. 	In order to determine the necessity of conducting an English language assessment of any student, the district shall, at the time of registration, ascertain the place of birth of each student and whether there is a prominent use of any language(s) other than English in the home. If the student’s registration form indicates the prominent use of another language in the student’s home, the district shall determine the first language acquired by the student and the languages spoken by the student and by others in the student’s home. School district personnel shall be prepared to conduct oral or native language interviews with those adults in the student’s home who may not have sufficient skills in English.
	b. 	Students identified as prominently using a language other than English in the home shall be assessed by the district. The assessment shall include (1) an assessment of the student’s English proficiency in the areas of speaking, listening, reading, and writing; and (2) an assessment of the student’s academic skills in relation to their grade or age level. A consistent plan of evaluation which includes ongoing evaluation of student progress shall be developed and implemented by the district for the above areas for each student so identified.
	60.3(2) Staffing. Teachers in an English as a second language (ESL) program must possess a valid Iowa teaching license. Individuals who were licensed in Iowa prior to October 1, 1988, and were allowed to teach English as a second language without completing the endorsement requirements must complete the endorsement requirements by July 1, 2012, in order to teach or continue to teach English as a second language. A waiver provision is available through the board of educational examiners for individuals who have been successfully teaching English as a second language.
	60.3(3)  English learner placement. Placement of students identified as English learners shall be in accordance with the following:
	a. 	Mainstream classes. Students will be placed in classes with chronological peers or, when absolutely necessary, within two years of the student’s age.
	b. 	English learner program placement.
	(1)	Students enrolled in a program for English learners shall receive language instruction with other English learners with similar language needs.
	(2)	When students of different age groups or educational levels are combined in the same class, the school shall ensure that the instruction given is appropriate to each student’s level of educational attainment.
	(3)	A program of transitional bilingual instruction may include the participation of students whose native language is English.
	(4)	Exit from program. An individual student may exit from an ESL or Transitional Bilingual Education (TBE) program after an assessment has shown both that the student can function in English (in speaking, listening, reading, and writing) at a level commensurate with the student’s grade or age peers and that the student can function academically at the same level as the English speaking grade level peers. These assessments shall be conducted by utilizing state, local, or nationally recognized tests as well as teacher observations and recommendations.
	(5)	Professional development. All district instructional staff and area education agency staff responsible for implementing the educational and instructional models defined in rule 281—60.2(280) shall receive such professional development as may be necessary to implement those educational and instructional models. Such professional development may be part of a district or area education agency professional development plan, an attendance center professional development plan, an individual professional development plan, or some combination thereof. The necessity for such professional development shall be determined based on the framework in rule 281—83.6(284). Providers of professional development required by this subrule shall meet the standards in 281—subrule 83.6(3). In determining whether providers meet the standards in 281—subrule 83.6(3), the following nonexhaustive factors may be considered, as they are relevant to the particular professional development to be provided:
	1.	English as a second language endorsement or equivalent;
	2.	Five years of English as a second language teaching experience; or
	3.	A graduate degree in teaching English to speakers of other languages or in a related field.
	60.3(4) Medium of instruction. Instruction in all secular subjects taught in both public and nonpublic schools shall be in the English language, except when the use of a world language is deemed appropriate because the student is an English learner. When the student is an English learner, both public and nonpublic schools shall provide special instruction, which shall include but need not be limited to either instruction in English as a second language or transitional bilingual instruction until the student is fully English proficient or demonstrates a functional ability to speak, read, write, and understand the English language.
	60.3(5) Research-based educational and instructional models. Districts shall utilize research-based educational and instructional models as defined in rule 281—60.2(280) with English learners so that such students may acquire English proficiency and meet high academic standards.
[ARC 8383B, IAB 12/16/09, effective 1/20/10; ARC 1776C, IAB 12/10/14, effective 1/14/15; ARC 4528C, IAB 7/3/19, effective 8/7/19; ARC 6724C, IAB 12/14/22, effective 1/18/23]