HF 2162 (LSB 5633YH (4) 85)

HOUSE FILE 2162

BY  ANDERSON

A BILL FOR

An Act relating to limited English proficient education by modifying the supplementary weighting for limited English proficient students, requiring the establishment of a limited English proficient advisory group, requiring the creation of a committee within the department of education, modifying provisions relating to the special instruction of limited English proficient students, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.7, Code 2014, is amended by adding the following new subsections:
   NEW SUBSECTION.  33.  Adopt rules, following consultation with area education agencies, the limited English proficient advisory group established under section 280.4, subsection 4, the limited English proficient committee established under section 256.9, subsection 65, and other stakeholders, that set statewide standards for the training, certification, and compliance of school employees that provide special instruction to limited English proficient students, as required by section 280.4.
   NEW SUBSECTION.  34.  Adopt rules that establish standards for the inclusion of research pertaining to the identification and instruction of limited English proficient students by any task force, committee, or advisory group, convened by the department, a division or bureau within the department, a school district, or an area education agency.
    Sec. 2.  Section 256.9, subsection 53, paragraph c, subparagraph (1), Code 2014, is amended by adding the following new subparagraph divisions:
   NEW SUBPARAGRAPH DIVISION.  (h)  Instructional strategies for limited English proficient students, strategies for identifying limited English proficient students, and professional development strategies and materials to support teacher effectiveness in limited English proficient instruction.
   NEW SUBPARAGRAPH DIVISION.  (i)  Data reports on attendance center, school district, and statewide progress in the instruction of limited English proficient students in the context of student, attendance center, and school district demographic characteristics.
    Sec. 3.  Section 256.9, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  65.  Establish a permanent limited English proficient committee within the department to review and make recommendations relating to the instruction of limited English proficient students. The committee shall work with relevant stakeholders, including the advisory group established pursuant to section 280.4, subsection 4, to examine the best practices for such instruction, review funding provided to school districts under section 280.4 and funding from other sources, facilitate and implement research-based reading and writing instruction for limited English proficient students, and facilitate and implement programs to identify limited English proficiency during early childhood. The committee shall include at least one representative from each division or bureau of the department.
    Sec. 4.  Section 257.31, subsection 5, paragraph j, Code 2014, is amended to read as follows:
   j.  Unusual need to continue providing a program or other special assistance to non-English speaking pupils after the expiration of the five-year period of years specified in section 280.4.
    Sec. 5.  Section 280.4, subsection 1, Code 2014, is amended to read as follows:
   1.  The medium of instruction in all secular subjects taught in both public and nonpublic schools shall be the English language, except when the use of a foreign language is deemed appropriate in the teaching of any subject or when the student is limited English proficient. When the student is limited English proficient, 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.  Each school district shall develop a research-based instruction plan for limited English proficient students. Each school district shall include its plan in the school district’s comprehensive school improvement plan submitted pursuant to section 256.7, subsection 21. As used in this section, “limited English proficient” means a student’s language background is in a language other than English, and the student’s proficiency in English is such that the probability of the student’s academic success in an English-only classroom is below that of an academically successful peer with an English language background. “Fully English proficient” means a student who is able to read, understand, write, and speak the English language and to use English to ask questions, to understand teachers and reading materials, to test ideas, and to challenge what is being asked in the classroom.
    Sec. 6.  Section 280.4, subsection 3, Code 2014, is amended to read as follows:
   3.  a.  (1)  In order to provide funds for the excess costs of instruction of limited English proficient students specified in paragraph “b” above the costs of instruction of pupils in a regular curriculum, students identified as limited English proficient shall be assigned an additional weighting of twenty-two hundredths according to subparagraph (2), and that weighting shall be included in the weighted enrollment of the school district of residence for a the period not exceeding five of years specified in paragraph “b”. However, the school budget review committee may grant supplemental aid or a modified supplemental amount to a school district to continue funding a program for students after the expiration of the five-year specified period of years.
   (2)  For budget years beginning on or before July 1, 2013, students identified as limited English proficient shall be assigned an additional weighting of twenty-two hundredths. For the budget year beginning July 1, 2014, students identified as limited English proficient shall be assigned an additional weighting of twenty-six hundredths. For the budget year beginning July 1, 2015, and each budget year thereafter, students identified as limited English proficient shall be assigned an additional weighting of thirty hundredths.
   b.  (1)  For students first determined to be limited English proficient for a budget year beginning on or after July 1, 2010, but before July 1, 2014, the additional weighting provided under paragraph “a” shall be included in the weighted enrollment of the school district of residence for a period not exceeding five years beginning with the budget year for which the student was first determined to be limited English proficient.
   (2)  For students first determined to be limited English proficient for the budget year beginning on July 1, 2014, the additional weighting provided under paragraph “a” shall be included in the weighted enrollment of the school district of residence for a period not exceeding six years beginning with the budget year for which the student was first determined to be limited English proficient.
   (3)  For students first determined to be limited English proficient for a budget year beginning on or after July 1, 2015, the additional weighting provided under paragraph “a” shall be included in the weighted enrollment of the school district of residence for a period not exceeding seven years beginning with the budget year for which the student was first determined to be limited English proficient.
    Sec. 7.  Section 280.4, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  a.  The director of the department of education shall establish a permanent limited English proficient advisory group to review and make recommendations relating to the instruction of limited English proficient students. The advisory group shall work with relevant stakeholders to conduct an examination of best practices for such instruction and a review of funding provided to school districts under section 280.4 and funding from other sources. The advisory group shall annually develop recommendations for consideration by the limited English proficient committee established under section 256.9, subsection 65, the director, the state board, and the general assembly. The advisory group shall also assist with the final development and implementation of any such recommendations or proposals.
   b.  The advisory group shall include but is not limited to the following members:
   (1)  A person or representative of an organization specializing in limited English proficient education.
   (2)  A person or representative of an organization specializing in Tit. I of the federal Elementary and Secondary Education Act of 1965, 20 U.S.C. §6301 et seq., as amended by the federal No Child Left Behind Act of 2001, Pub. L. No. 107-110.
   (3)  A person or representative of an organization specializing in Tit. III of the federal No Child Left Behind Act of 2001, Pub. L. No. 107-110.
   (4)  A person or representative of an organization specializing in special education instruction.
   (5)  A person or representative of an organization specializing in the Iowa core curriculum.
    Sec. 8.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected school districts.
    Sec. 9.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to limited English proficient education by modifying the supplementary weighting for limited English proficient students, requiring the establishment of a limited English proficient advisory group, requiring the creation of a committee within the department of education, and modifying provisions relating to the special instruction of limited English proficient students.
   Current Code section 280.4 provides supplementary weighting for the excess costs of instruction of limited English proficient students. The current amount of the supplementary weighting for students identified as limited English proficient is 0.22 per student. The weighting is provided for those students first determined to be limited English proficient for a budget year beginning on or after July 1, 2010, and may be included in the weighted enrollment of the school district for a period not exceeding five years.
   For the school budget year beginning on July 1, 2014, the bill increases the amount of the supplementary weighting for those students identified as limited English proficient to 0.26 per student. For the budget year beginning on July 1, 2015, and each budget year thereafter, those students identified as limited English proficient shall be assigned an additional weighting of 0.30 per student.
   The bill also specifies the number of years during which the additional weighting may be included in the school district’s weighted enrollment. For students first determined to be limited English proficient for a budget year beginning on or after July 1, 2010, but before July 1, 2014, the additional weighting may be included for a period not exceeding five years. For students first determined to be limited English proficient for the budget year beginning on July 1, 2014, the additional weighting may be included for a period not exceeding six years. For students first determined to be limited English proficient for a budget year beginning on or after July 1, 2015, the additional weighting may be included for a period not exceeding seven years.
   The bill requires each school district to develop a research-based instruction plan for limited English proficient students and requires such plan to be included in the school district’s comprehensive school improvement plan submitted pursuant to Code section 256.7(21).
   The bill requires the director of the department of education to establish a permanent limited English proficient advisory group to review and make recommendations relating to the instruction of limited English proficient students. The bill also establishes requirements relating to the membership of the advisory group.
   The bill also requires the director of the department of education to establish a permanent limited English proficient committee within the department to review and make recommendations relating to the instruction of limited English proficient students. The bill requires the committee to work with relevant stakeholders, including the limited English proficient advisory group required to be established under the bill, to examine the best practices for such instruction, review funding sources, facilitate and implement research-based reading and writing instruction for limited English proficient students, and facilitate and implement programs to identify limited English proficiency during early childhood. The committee must include at least one representative from each division or bureau of the department of education.
   The bill requires the Iowa reading research center, established by the director of the department of education pursuant to Code section 256.9(53)(c), to provide for the development and dissemination of specified strategies and data reports related to limited English proficient students.
   The bill requires the state board of education to adopt rules, following consultation with area education agencies and stakeholders, that set statewide standards for the training, certification, and compliance of school employees that provide special instruction to limited English proficient students.
   The bill also requires the state board of education to adopt rules that establish standards for the inclusion of research pertaining to the identification and instruction of limited English proficient students by any task force, committee, or advisory group, convened by the department, a division or bureau within the department, a school district, or an area education agency.
   This bill may include a state mandate as defined in Code section 25B.3. The bill requires that the state cost of any state mandate included in the bill be paid by a school district from state school foundation aid received by the school district under Code section 257.16. The specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the bill.
   The bill takes effect upon enactment.