House File 2177 - Introduced HOUSE FILE 2177 BY WINCKLER , ABDUL-SAMAD , STAED , HUNTER , MASCHER , HANSON , WOLFE , ANDERSON , KEARNS , BEARINGER , BERRY , OURTH , SMITH , STECKMAN , GASKILL , COHOON , WESSEL-KROESCHELL , LENSING , ISENHART , FORBES , McCONKEY , and DUNKEL A BILL FOR An Act creating a dual language immersion pilot project 1 and fund and a state certificate of biliteracy to be 2 administered by the department of education. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5061YH (5) 86 kh/rj

H.F. 2177 Section 1. Section 256.9, subsection 65, Code 2016, is 1 amended to read as follows: 2 65. Establish an English language literacy for all grant 3 program which shall be made available to all school districts. 4 Priority in issuing grants shall be given to school districts 5 with the highest percentage of students identified as limited 6 English proficient, to school districts that have large numbers 7 of students determined to be limited English proficient, or 8 to school districts that have an exceptional diversity of 9 languages of origin spoken by students determined to be limited 10 English proficient. A grant may be awarded for a period of 11 up to three years. The department and each school district 12 receiving a grant shall enter into a performance agreement, 13 which shall be renewed annually, that identifies clear literacy 14 achievement goals for limited English proficient students 15 enrolled in the school district and includes an accountability 16 system to measure student performance and evaluate program 17 effectiveness to ensure that program goals are met. School 18 districts may expend grant moneys for professional development 19 for professional staff providing instructional services to 20 limited English proficient students. A school district awarded 21 a grant for a dual language immersion program under section 22 256.25A is ineligible for a grant under this subsection if the 23 grant expenditure periods would overlap. 24 Sec. 2. NEW SECTION . 256.25 State certificate of 25 biliteracy. 26 1. Definitions. As used in this section unless the context 27 otherwise requires: 28 a. “Certificate” means the state certificate of biliteracy 29 created under this section. 30 b. “Foreign language” means any language other than English, 31 including but not limited to modern languages, Latin, American 32 sign language, and Native American and other native languages. 33 2. Certificate program established. A state certificate 34 of biliteracy program is established in the department to be 35 -1- LSB 5061YH (5) 86 kh/rj 1/ 7

H.F. 2177 administered by the department. 1 a. The program shall be established to achieve the following 2 purposes: 3 (1) To encourage students to study languages. 4 (2) To certify a student’s attainment of biliteracy. 5 (3) To provide employers with a method of identifying 6 individuals with language and biliteracy skills. 7 (4) To provide postsecondary educational institutions with 8 an additional method to recognize applicants for admission. 9 (5) To complement the twenty-first century learning skills 10 and knowledge identified in accordance with section 256.7, 11 subsection 26. 12 (6) To recognize the value of foreign language and native 13 language instruction in this state’s schools. 14 (7) To strengthen intergroup relationships, affirm the 15 value of diversity, and honor the multiple cultures and 16 languages of a community. 17 b. The department shall do all of the following: 18 (1) Establish the criteria for earning a certificate, 19 including but not limited to the number of credits a student 20 must earn in English and language arts and a foreign language. 21 (2) Identify approved assessments of English and foreign 22 languages and the grades and scores necessary to demonstrate a 23 student’s high level of proficiency in English and a foreign 24 language. 25 (3) Prepare and deliver to participating school districts, 26 attendance centers, and accredited nonpublic schools an 27 appropriate mechanism for awarding the certificate and 28 designating on a student’s transcript that the student has been 29 awarded a certificate. 30 (4) Provide to a participating school district, attendance 31 center, and accredited nonpublic school any other information 32 which the department determines is necessary for successful 33 participation in the program. 34 3. Voluntary participation —— participation requirements. 35 -2- LSB 5061YH (5) 86 kh/rj 2/ 7

H.F. 2177 a. Participation in the program by a school district, 1 attendance center, or accredited nonpublic school shall be 2 voluntary. 3 b. A participating school district, attendance center, or 4 accredited nonpublic school shall do all of the following: 5 (1) Maintain appropriate records to identify students who 6 have earned a certificate. 7 (2) Make the appropriate designation on the transcript of 8 each student who earns a certificate. 9 4. Demonstration of proficiency —— fees. In order to 10 be awarded a certificate, a student shall demonstrate 11 the attainment of a high level of proficiency, sufficient 12 for meaningful use in postsecondary education and career 13 opportunities of one or more foreign languages. A student 14 shall not be charged a fee to receive a certificate; however, a 15 student may be required to pay a fee to demonstrate proficiency 16 in a language, including the actual cost of a standardized test 17 to determine the level of the student’s proficiency. 18 Sec. 3. NEW SECTION . 256.25A Dual language immersion 19 project —— pilot program grants. 20 1. Project established. The department shall establish 21 and maintain a dual language immersion pilot project to award 22 grants to not more than ten school districts annually for 23 purposes of establishing or expanding dual language immersion 24 pilot programs which do the following: 25 a. Use an instructional model that provides fifty percent of 26 instruction in English and fifty percent of instruction in any 27 one of the following foreign languages: 28 (1) Chinese. 29 (2) Spanish. 30 (3) French. 31 (4) A language approved by the department for purposes of 32 this section. 33 b. Begin dual language immersion instruction in either 34 kindergarten or grade one. 35 -3- LSB 5061YH (5) 86 kh/rj 3/ 7

H.F. 2177 c. Meet any other requirement established by the department 1 for purposes of this section. 2 2. Criteria —— eligibility. The department shall develop 3 grant application, selection, and evaluation criteria. A 4 school district awarded a grant under the English language 5 literacy for all grant program established pursuant to section 6 256.9, subsection 65, is ineligible for a grant under this 7 section if the grant expenditure periods would overlap. 8 3. Grant requisites. Priority in awarding grants shall 9 be given to school districts with the highest percentage of 10 students identified as limited English proficient, to school 11 districts that have large numbers of students determined to be 12 limited English proficient, or to school districts that have an 13 exceptional diversity of languages of origin spoken by students 14 determined to be limited English proficient. However, students 15 who are native English speakers may be enrolled in a pilot 16 program. A grant may be awarded for a period of up to three 17 years. 18 4. Performance agreement. The department and each school 19 district receiving a grant shall enter into a performance 20 agreement, which shall be renewed annually, that identifies 21 clear achievement goals for students enrolled in the school 22 district’s dual language immersion pilot program and includes 23 an accountability system to measure student performance and 24 evaluate program effectiveness to ensure that program goals are 25 met. 26 5. Professional development. School districts may expend 27 grant moneys for professional development for professional 28 staff providing dual language immersion instructional services 29 to students. 30 6. Annual report. The department shall submit an 31 annual report summarizing program activities and making 32 recommendations to the state board, the governor, and the 33 general assembly by January 15. 34 7. Fund. A separate, dual language immersion pilot project 35 -4- LSB 5061YH (5) 86 kh/rj 4/ 7

H.F. 2177 fund is created in the state treasury under the control of the 1 department. The fund shall consist of all moneys deposited 2 in the fund, including any moneys appropriated by the general 3 assembly and any other moneys available to and obtained or 4 accepted by the department from federal or private sources 5 for purposes of the pilot project. Moneys in the fund are 6 appropriated to the department for purposes of this section. 7 Notwithstanding section 8.33, moneys in the fund at the end 8 of a fiscal year shall not revert to the general fund of the 9 state but shall remain available for expenditure for purposes 10 of this section. Notwithstanding section 12C.7, subsection 2, 11 interest or earnings on moneys in the fund shall be credited 12 to the fund. 13 8. Rules. The state board shall adopt rules to administer 14 this section. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill establishes a dual language immersion pilot 19 project and fund and a state certificate of biliteracy to be 20 administered by the department of education. 21 CERTIFICATE. The state certificate of biliteracy is 22 established to encourage students to study languages, to 23 certify a student’s attainment of biliteracy and recognize the 24 value of such attainment, to provide employers with a method 25 of identifying individuals with such skills, to complement the 26 21st century skills and knowledge identified by the department, 27 to provide colleges and universities with an additional 28 method to recognize applicants for admission, and to honor the 29 multiple cultures and languages of a community. 30 The department must establish criteria for earning a 31 certificate; identify approved assessments and measures 32 necessary to demonstrate a student’s high level of proficiency 33 in English and a foreign language; and prepare and deliver 34 to participating school districts, attendance centers, and 35 -5- LSB 5061YH (5) 86 kh/rj 5/ 7

H.F. 2177 accredited nonpublic schools a mechanism for awarding the 1 certificate and for designating such attainment on a student’s 2 transcript, and providing any other information which the 3 department determines is necessary for successful participation 4 in the program. 5 Participation in the program is voluntary, but a 6 participating school district, attendance center, or accredited 7 nonpublic school must maintain appropriate records to identify 8 students who have earned a certificate and must make the 9 appropriate designation on the transcript of each student who 10 earns a certificate. 11 A student shall not be charged a fee to receive a 12 certificate; however, a student may be required to pay a fee 13 to demonstrate proficiency in a language, including the actual 14 cost of a standardized test to determine the student’s level 15 of proficiency. 16 The bill defines “foreign language” to mean any language 17 other than English, including but not limited to modern 18 languages, Latin, American sign language, and Native American 19 and other native languages. 20 DUAL LANGUAGE IMMERSION PROJECT AND FUND. The department is 21 directed to establish and maintain a dual language immersion 22 pilot project to award grants to not more than 10 school 23 districts annually for purposes of establishing or expanding 24 dual language immersion pilot programs. A grant may be awarded 25 for a period of up to three years. 26 Such programs must use an instructional model that, 27 beginning in kindergarten or grade one, provides 50 percent 28 of instruction in English and 50 percent of instruction in 29 Chinese, Spanish, French, or any other language approved by 30 the department. The department is authorized to add to these 31 requirements. 32 A school district is ineligible to grants concurrently under 33 the English language literacy for all grant program and the 34 dual language immersion pilot project if the grant expenditure 35 -6- LSB 5061YH (5) 86 kh/rj 6/ 7

H.F. 2177 periods would overlap. 1 Priority in awarding grants shall be given to school 2 districts with high limited English proficient enrollments 3 or that have an exceptional diversity of languages of origin 4 spoken by students. However, students who are native English 5 speakers may be enrolled in a pilot program. 6 The department and each school district receiving a grant 7 shall enter into a performance agreement that identifies clear 8 achievement goals and includes an accountability system to 9 measure student performance and evaluate program effectiveness. 10 School districts may expend grant moneys for professional 11 development for staff providing dual language immersion 12 instructional services to students. 13 The dual language immersion pilot project fund is created 14 in the state treasury under the control of the department. 15 The fund consists of any moneys appropriated by the general 16 assembly and any other moneys available to and obtained or 17 accepted by the department from federal or private sources for 18 purposes of the program. Moneys in the fund are appropriated 19 to the department for purposes of the project and do not revert 20 to the general fund of the state. Interest or earnings on the 21 moneys in the fund shall be credited to the fund. 22 The department shall submit an annual report summarizing 23 program activities and progress and making recommendations to 24 the state board, the governor, and the general assembly by 25 January 15. The state board is directed to adopt rules to 26 administer the project. 27 -7- LSB 5061YH (5) 86 kh/rj 7/ 7