House File 2162 - Introduced HOUSE FILE 2162 BY ANDERSON A BILL FOR An Act relating to limited English proficient education by 1 modifying the supplementary weighting for limited English 2 proficient students, requiring the establishment of a 3 limited English proficient advisory group, requiring the 4 creation of a committee within the department of education, 5 modifying provisions relating to the special instruction of 6 limited English proficient students, and including effective 7 date provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 5633YH (4) 85 md/sc

H.F. 2162 Section 1. Section 256.7, Code 2014, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 33. Adopt rules, following consultation 3 with area education agencies, the limited English proficient 4 advisory group established under section 280.4, subsection 4, 5 the limited English proficient committee established under 6 section 256.9, subsection 65, and other stakeholders, that 7 set statewide standards for the training, certification, and 8 compliance of school employees that provide special instruction 9 to limited English proficient students, as required by section 10 280.4. 11 NEW SUBSECTION . 34. Adopt rules that establish standards 12 for the inclusion of research pertaining to the identification 13 and instruction of limited English proficient students by any 14 task force, committee, or advisory group, convened by the 15 department, a division or bureau within the department, a 16 school district, or an area education agency. 17 Sec. 2. Section 256.9, subsection 53, paragraph c, 18 subparagraph (1), Code 2014, is amended by adding the following 19 new subparagraph divisions: 20 NEW SUBPARAGRAPH DIVISION . (h) Instructional strategies 21 for limited English proficient students, strategies for 22 identifying limited English proficient students, and 23 professional development strategies and materials to 24 support teacher effectiveness in limited English proficient 25 instruction. 26 NEW SUBPARAGRAPH DIVISION . (i) Data reports on attendance 27 center, school district, and statewide progress in the 28 instruction of limited English proficient students in the 29 context of student, attendance center, and school district 30 demographic characteristics. 31 Sec. 3. Section 256.9, Code 2014, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 65. Establish a permanent limited English 34 proficient committee within the department to review and 35 -1- LSB 5633YH (4) 85 md/sc 1/ 8

H.F. 2162 make recommendations relating to the instruction of limited 1 English proficient students. The committee shall work with 2 relevant stakeholders, including the advisory group established 3 pursuant to section 280.4, subsection 4, to examine the best 4 practices for such instruction, review funding provided to 5 school districts under section 280.4 and funding from other 6 sources, facilitate and implement research-based reading and 7 writing instruction for limited English proficient students, 8 and facilitate and implement programs to identify limited 9 English proficiency during early childhood. The committee 10 shall include at least one representative from each division or 11 bureau of the department. 12 Sec. 4. Section 257.31, subsection 5, paragraph j, Code 13 2014, is amended to read as follows: 14 j. Unusual need to continue providing a program or other 15 special assistance to non-English speaking pupils after the 16 expiration of the five-year period of years specified in 17 section 280.4 . 18 Sec. 5. Section 280.4, subsection 1, Code 2014, is amended 19 to read as follows: 20 1. The medium of instruction in all secular subjects 21 taught in both public and nonpublic schools shall be the 22 English language, except when the use of a foreign language 23 is deemed appropriate in the teaching of any subject or when 24 the student is limited English proficient. When the student 25 is limited English proficient, both public and nonpublic 26 schools shall provide special instruction, which shall include 27 but need not be limited to either instruction in English 28 as a second language or transitional bilingual instruction 29 until the student is fully English proficient or demonstrates 30 a functional ability to speak, read, write, and understand 31 the English language. Each school district shall develop a 32 research-based instruction plan for limited English proficient 33 students. Each school district shall include its plan in 34 the school district’s comprehensive school improvement plan 35 -2- LSB 5633YH (4) 85 md/sc 2/ 8

H.F. 2162 submitted pursuant to section 256.7, subsection 21. As 1 used in this section , “limited English proficient” means a 2 student’s language background is in a language other than 3 English, and the student’s proficiency in English is such 4 that the probability of the student’s academic success in 5 an English-only classroom is below that of an academically 6 successful peer with an English language background. “Fully 7 English proficient” means a student who is able to read, 8 understand, write, and speak the English language and to use 9 English to ask questions, to understand teachers and reading 10 materials, to test ideas, and to challenge what is being asked 11 in the classroom. 12 Sec. 6. Section 280.4, subsection 3, Code 2014, is amended 13 to read as follows: 14 3. a. (1) In order to provide funds for the excess 15 costs of instruction of limited English proficient students 16 specified in paragraph “b” above the costs of instruction of 17 pupils in a regular curriculum, students identified as limited 18 English proficient shall be assigned an additional weighting 19 of twenty-two hundredths according to subparagraph (2) , and 20 that weighting shall be included in the weighted enrollment of 21 the school district of residence for a the period not exceeding 22 five of years specified in paragraph “b” . However, the school 23 budget review committee may grant supplemental aid or a 24 modified supplemental amount to a school district to continue 25 funding a program for students after the expiration of the 26 five-year specified period of years . 27 (2) For budget years beginning on or before July 1, 2013, 28 students identified as limited English proficient shall be 29 assigned an additional weighting of twenty-two hundredths. For 30 the budget year beginning July 1, 2014, students identified 31 as limited English proficient shall be assigned an additional 32 weighting of twenty-six hundredths. For the budget year 33 beginning July 1, 2015, and each budget year thereafter, 34 students identified as limited English proficient shall be 35 -3- LSB 5633YH (4) 85 md/sc 3/ 8

H.F. 2162 assigned an additional weighting of thirty hundredths. 1 b. (1) For students first determined to be limited English 2 proficient for a budget year beginning on or after July 3 1, 2010, but before July 1, 2014, the additional weighting 4 provided under paragraph “a” shall be included in the weighted 5 enrollment of the school district of residence for a period 6 not exceeding five years beginning with the budget year for 7 which the student was first determined to be limited English 8 proficient. 9 (2) For students first determined to be limited English 10 proficient for the budget year beginning on July 1, 2014, the 11 additional weighting provided under paragraph “a” shall be 12 included in the weighted enrollment of the school district of 13 residence for a period not exceeding six years beginning with 14 the budget year for which the student was first determined to 15 be limited English proficient. 16 (3) For students first determined to be limited English 17 proficient for a budget year beginning on or after July 1, 18 2015, the additional weighting provided under paragraph “a” 19 shall be included in the weighted enrollment of the school 20 district of residence for a period not exceeding seven years 21 beginning with the budget year for which the student was first 22 determined to be limited English proficient. 23 Sec. 7. Section 280.4, Code 2014, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 4. a. The director of the department 26 of education shall establish a permanent limited English 27 proficient advisory group to review and make recommendations 28 relating to the instruction of limited English proficient 29 students. The advisory group shall work with relevant 30 stakeholders to conduct an examination of best practices for 31 such instruction and a review of funding provided to school 32 districts under section 280.4 and funding from other sources. 33 The advisory group shall annually develop recommendations for 34 consideration by the limited English proficient committee 35 -4- LSB 5633YH (4) 85 md/sc 4/ 8

H.F. 2162 established under section 256.9, subsection 65, the director, 1 the state board, and the general assembly. The advisory group 2 shall also assist with the final development and implementation 3 of any such recommendations or proposals. 4 b. The advisory group shall include but is not limited to 5 the following members: 6 (1) A person or representative of an organization 7 specializing in limited English proficient education. 8 (2) A person or representative of an organization 9 specializing in Tit. I of the federal Elementary and Secondary 10 Education Act of 1965, 20 U.S.C. §6301 et seq., as amended 11 by the federal No Child Left Behind Act of 2001, Pub. L. No. 12 107-110. 13 (3) A person or representative of an organization 14 specializing in Tit. III of the federal No Child Left Behind 15 Act of 2001, Pub. L. No. 107-110. 16 (4) A person or representative of an organization 17 specializing in special education instruction. 18 (5) A person or representative of an organization 19 specializing in the Iowa core curriculum. 20 Sec. 8. STATE MANDATE FUNDING SPECIFIED. In accordance 21 with section 25B.2, subsection 3, the state cost of requiring 22 compliance with any state mandate included in this Act shall 23 be paid by a school district from state school foundation aid 24 received by the school district under section 257.16. This 25 specification of the payment of the state cost shall be deemed 26 to meet all of the state funding-related requirements of 27 section 25B.2, subsection 3, and no additional state funding 28 shall be necessary for the full implementation of this Act 29 by and enforcement of this Act against all affected school 30 districts. 31 Sec. 9. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 32 immediate importance, takes effect upon enactment. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -5- LSB 5633YH (4) 85 md/sc 5/ 8

H.F. 2162 the explanation’s substance by the members of the general assembly. 1 This bill relates to limited English proficient education 2 by modifying the supplementary weighting for limited English 3 proficient students, requiring the establishment of a limited 4 English proficient advisory group, requiring the creation of 5 a committee within the department of education, and modifying 6 provisions relating to the special instruction of limited 7 English proficient students. 8 Current Code section 280.4 provides supplementary weighting 9 for the excess costs of instruction of limited English 10 proficient students. The current amount of the supplementary 11 weighting for students identified as limited English proficient 12 is 0.22 per student. The weighting is provided for those 13 students first determined to be limited English proficient for 14 a budget year beginning on or after July 1, 2010, and may be 15 included in the weighted enrollment of the school district for 16 a period not exceeding five years. 17 For the school budget year beginning on July 1, 2014, the 18 bill increases the amount of the supplementary weighting for 19 those students identified as limited English proficient to 0.26 20 per student. For the budget year beginning on July 1, 2015, 21 and each budget year thereafter, those students identified as 22 limited English proficient shall be assigned an additional 23 weighting of 0.30 per student. 24 The bill also specifies the number of years during which the 25 additional weighting may be included in the school district’s 26 weighted enrollment. For students first determined to be 27 limited English proficient for a budget year beginning on or 28 after July 1, 2010, but before July 1, 2014, the additional 29 weighting may be included for a period not exceeding five 30 years. For students first determined to be limited English 31 proficient for the budget year beginning on July 1, 2014, the 32 additional weighting may be included for a period not exceeding 33 six years. For students first determined to be limited English 34 proficient for a budget year beginning on or after July 1, 35 -6- LSB 5633YH (4) 85 md/sc 6/ 8

H.F. 2162 2015, the additional weighting may be included for a period not 1 exceeding seven years. 2 The bill requires each school district to develop a 3 research-based instruction plan for limited English proficient 4 students and requires such plan to be included in the school 5 district’s comprehensive school improvement plan submitted 6 pursuant to Code section 256.7(21). 7 The bill requires the director of the department of 8 education to establish a permanent limited English proficient 9 advisory group to review and make recommendations relating to 10 the instruction of limited English proficient students. The 11 bill also establishes requirements relating to the membership 12 of the advisory group. 13 The bill also requires the director of the department 14 of education to establish a permanent limited English 15 proficient committee within the department to review and make 16 recommendations relating to the instruction of limited English 17 proficient students. The bill requires the committee to work 18 with relevant stakeholders, including the limited English 19 proficient advisory group required to be established under 20 the bill, to examine the best practices for such instruction, 21 review funding sources, facilitate and implement research-based 22 reading and writing instruction for limited English proficient 23 students, and facilitate and implement programs to identify 24 limited English proficiency during early childhood. The 25 committee must include at least one representative from each 26 division or bureau of the department of education. 27 The bill requires the Iowa reading research center, 28 established by the director of the department of education 29 pursuant to Code section 256.9(53)(c), to provide for the 30 development and dissemination of specified strategies and data 31 reports related to limited English proficient students. 32 The bill requires the state board of education to adopt 33 rules, following consultation with area education agencies and 34 stakeholders, that set statewide standards for the training, 35 -7- LSB 5633YH (4) 85 md/sc 7/ 8

H.F. 2162 certification, and compliance of school employees that provide 1 special instruction to limited English proficient students. 2 The bill also requires the state board of education to adopt 3 rules that establish standards for the inclusion of research 4 pertaining to the identification and instruction of limited 5 English proficient students by any task force, committee, or 6 advisory group, convened by the department, a division or 7 bureau within the department, a school district, or an area 8 education agency. 9 This bill may include a state mandate as defined in Code 10 section 25B.3. The bill requires that the state cost of 11 any state mandate included in the bill be paid by a school 12 district from state school foundation aid received by the 13 school district under Code section 257.16. The specification 14 is deemed to constitute state compliance with any state mandate 15 funding-related requirements of Code section 25B.2. The 16 inclusion of this specification is intended to reinstate the 17 requirement of political subdivisions to comply with any state 18 mandates included in the bill. 19 The bill takes effect upon enactment. 20 -8- LSB 5633YH (4) 85 md/sc 8/ 8