House File 605 - Introduced HOUSE FILE 605 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 148) A BILL FOR An Act relating to supplementary weighting for 1 limited-English-proficient students and including effective 2 date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2077HV (1) 89 md/jh

H.F. 605 Section 1. Section 280.4, subsection 1, Code 2021, is 1 amended to read as follows: 2 1. a. The medium of instruction in all secular subjects 3 taught in both public and nonpublic schools shall be the 4 English language, except when the use of a world language is 5 deemed appropriate in the teaching of any subject or when the 6 student is limited English proficient. When the student is 7 limited English proficient, both public and nonpublic schools 8 shall provide special instruction, which shall include but 9 need not be limited to either instruction in English as a 10 second language or transitional bilingual instruction until 11 the student is fully English proficient or demonstrates a 12 functional ability to speak, read, write, and understand the 13 English language. 14 b. As used in this section , “limited English proficient” 15 means a student’s language background is in a language other 16 than English, and the student’s proficiency in English is 17 such that the probability of the student’s academic success 18 in an English-only classroom is below that of an academically 19 successful peer with an English language background. : 20 (1) “Fully English proficient” means a student who is able 21 to read, understand, write, and speak the English language 22 and to use English to ask questions, to understand teachers 23 and reading materials, to test ideas, and to challenge what 24 is being asked in the classroom has attained a level of 25 English-language skill in reading, writing, listening, and 26 speaking to be proficient under the state’s English language 27 proficiency standards, as measured by the state-adopted 28 assessment of English language proficiency as required by 29 section 1111 of the federal Elementary and Secondary Education 30 Act of 1965, as amended by the federal Every Student Succeeds 31 Act, Pub. L. No. 114-95 . 32 (2) “Intensive student” means a limited-English-proficient 33 student who, even with support, is not proficient under the 34 state’s English language proficiency standards, as measured by 35 -1- LSB 2077HV (1) 89 md/jh 1/ 3

H.F. 605 the state-adopted assessment of English language proficiency. 1 (3) “Intermediate student” means a 2 limited-English-proficient student who, either with or without 3 support, approaches being proficient under the state’s 4 English language proficiency standards, as measured by the 5 state-adopted assessment of English language proficiency. 6 (4) “Limited English proficient” means a student’s language 7 background is in a language other than English, and the 8 student’s proficiency in English is such that the probability 9 of the student’s academic success in an English-only classroom 10 is below that of an academically successful peer with an 11 English language background. Each limited-English-proficient 12 student shall be identified as either an intensive student or 13 an intermediate student. 14 Sec. 2. Section 280.4, subsection 3, paragraph a, Code 2021, 15 is amended to read as follows: 16 a. In order to provide funds for the excess costs of 17 instruction of limited English proficient students specified 18 in paragraph “b” above the costs of instruction of pupils in a 19 regular curriculum, students each limited-English-proficient 20 student identified as limited English proficient an intensive 21 student shall be assigned an additional weighting of twenty-two 22 twenty-six hundredths, each limited-English-proficient 23 student identified as an intermediate student shall be assigned 24 an additional weighting of twenty-one hundredths, and that 25 the applicable weighting shall be included in the weighted 26 enrollment of the school district of residence for a period not 27 exceeding five years as provided in paragraph “b” . However, the 28 school budget review committee may grant supplemental aid or a 29 modified supplemental amount to a school district to continue 30 funding a program for students after the expiration of the 31 five-year period. 32 Sec. 3. APPLICABILITY. This Act applies to school budget 33 years beginning on or after July 1, 2021. 34 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 35 -2- LSB 2077HV (1) 89 md/jh 2/ 3

H.F. 605 importance, takes effect upon enactment. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 In order to provide funds for the excess costs of instruction 5 of limited-English-proficient students above the costs of 6 instruction of pupils in a regular curriculum, Code section 7 280.4 assigns students identified as limited-English-proficient 8 an additional weighting of 0.22 for up to five years. 9 This bill divides limited-English-proficient students 10 into two categories based on proficiency: intensive 11 students and intermediate students. “Intensive student” 12 means a limited-English-proficient student that, even with 13 support, is not proficient under the state’s English language 14 proficiency standards. “Intermediate student” means a 15 limited-English-proficient student that, either with or without 16 support, approaches being proficient under the state’s English 17 language proficiency standards. Under the bill, each intensive 18 student shall be assigned an additional weighting of 0.26 and 19 each intermediate student shall be assigned an additional 20 weighting of 0.21. The bill also modifies the definition of 21 “fully English proficient”. 22 The bill takes effect upon enactment and applies to school 23 budget years beginning on or after July 1, 2021. 24 -3- LSB 2077HV (1) 89 md/jh 3/ 3