H.F. _____ Section 1. Section 256.7, subsection 31, paragraph c, Code 1 2022, is amended to read as follows: 2 c. Adopt rules to establish standards for the 3 identification, selection, and use of research-based 4 educational and instructional models for students identified 5 as limited English proficient English learners , and standards 6 for the professional development of the instructional staff 7 responsible for implementation of those models. 8 Sec. 2. Section 256.16, subsection 1, paragraph b, Code 9 2022, is amended to read as follows: 10 b. Include preparation in reading theory, knowledge, 11 strategies, and approaches; and for integrating literacy 12 instruction into content areas. Such preparation shall address 13 all students, including but not limited to students with 14 disabilities; students who are at risk of academic failure; 15 students who have been identified as gifted and talented or 16 limited English proficient English learners ; and students with 17 dyslexia, whether or not such students have been identified as 18 children requiring special education under chapter 256B . 19 Sec. 3. Section 256E.4, subsection 4, paragraph l, Code 20 2022, is amended to read as follows: 21 l. Plans for identifying and serving students with 22 disabilities, students who are limited English proficient 23 English learners , students who are academically failing or 24 below grade level, and gifted students, including but not 25 limited to compliance with applicable laws and regulations. 26 Sec. 4. Section 256E.5, subsection 4, paragraph l, Code 27 2022, is amended to read as follows: 28 l. Plans for identifying and serving students with 29 disabilities, students who are limited English proficient 30 English learners , students who are academically failing or 31 below grade level, and gifted students, including but not 32 limited to compliance with applicable laws and regulations. 33 Sec. 5. Section 256E.9, subsection 1, paragraph c, Code 34 2022, is amended to read as follows: 35 -1- LSB 5324YC (1) 89 jda/jh 1/ 7

H.F. _____ c. Achievement gaps in both proficiency and growth between 1 specified populations or groups of students, including groups 2 based on gender, race, poverty, special education status, 3 limited English proficiency English learner status , and gifted 4 status. 5 Sec. 6. Section 256F.3, subsection 7, Code 2022, is amended 6 to read as follows: 7 7. An application submitted to the state board pursuant to 8 subsection 2 , paragraph “b” , or subsection 6 shall set forth 9 the manner in which the charter school or innovation zone 10 school will provide special instruction, in accordance with 11 section 280.4 , to students who are limited English proficient 12 English learners . The application shall set forth the manner 13 in which the charter school or innovation zone school will 14 comply with federal and state laws and regulations relating to 15 the federal National School Lunch Act and the federal Child 16 Nutrition Act of 1966, 42 U.S.C. §1751–1785, and chapter 283A . 17 The state board shall approve only those applications that 18 meet the requirements specified in section 256F.1, subsection 19 3 , and sections 256F.4 and 256F.5 . The state board may deny 20 an application if the state board deems that approval of 21 the application is not in the best interest of the affected 22 students. 23 Sec. 7. Section 260C.36, subsection 1, paragraph h, Code 24 2022, is amended to read as follows: 25 h. Compliance with the faculty accreditation standards of 26 the higher learning commission similar accredited institutions 27 of higher education that are consistent with the standards 28 established pursuant to section 260C.48 , and compliance with 29 faculty standards required under specific programs offered by 30 the community college that are accredited by other accrediting 31 agencies. For purposes of this paragraph, “accredited” means 32 that an institution of higher education meets the standards 33 established by an accrediting agency recognized under 34 34 C.F.R. pt. 602 and by Tit. IV of the federal Higher Education 35 -2- LSB 5324YC (1) 89 jda/jh 2/ 7

H.F. _____ Opportunity Act, Pub. L. No. 110-315. 1 Sec. 8. Section 260C.48, subsection 1, paragraph b, 2 subparagraph (1), Code 2022, is amended to read as follows: 3 (1) Possess a master’s degree from a regionally an 4 accredited graduate school, and has successfully completed a 5 minimum of twelve credit hours of graduate level courses in 6 each field of instruction in which the instructor is teaching 7 classes. For purposes of this subparagraph, “accredited” means 8 that a graduate school meets the standards established by an 9 accrediting agency recognized under 34 C.F.R. pt. 602 and by 10 Tit. IV of the federal Higher Education Opportunity Act, Pub. 11 L. No. 110-315. 12 Sec. 9. Section 260C.48, subsection 4, Code 2022, is amended 13 to read as follows: 14 4. Standards relating to quality assurance of faculty 15 and ongoing quality professional development shall be the 16 accreditation standards of the higher learning commission 17 similar accredited institutions of higher education that 18 are consistent with the standards established pursuant 19 to this section and the faculty standards required under 20 specific programs offered by the community college that are 21 accredited by other accrediting agencies. For purposes of this 22 subsection, “accredited” means that an institution of higher 23 education meets the standards established by an accrediting 24 agency recognized under 34 C.F.R. pt. 602 and by Tit. IV of the 25 federal Higher Education Opportunity Act, Pub. L. No. 110-315. 26 Sec. 10. Section 280.4, Code 2022, is amended to read as 27 follows: 28 280.4 Limited English proficiency English learners —— 29 weighting. 30 1. a. The medium of instruction in all secular subjects 31 taught in both public and nonpublic schools shall be the 32 English language, except when the use of a world language is 33 deemed appropriate in the teaching of any subject or when the 34 student is limited English proficient an English learner . 35 -3- LSB 5324YC (1) 89 jda/jh 3/ 7

H.F. _____ When the student is limited English proficient an English 1 learner , both public and nonpublic schools shall provide 2 special instruction, which shall include but need not be 3 limited to either instruction in English as a second language 4 or transitional bilingual instruction until the student is 5 fully English proficient or demonstrates a functional ability 6 to speak, read, write, and understand the English language. 7 b. As used in this section : 8 (1) “English learner” means a student whose language 9 background is in a language other than English, and the 10 student’s proficiency in English is such that the probability 11 of the student’s academic success in an English-only classroom 12 is below that of an academically successful peer with an 13 English language background. Each English learner shall be 14 identified as either an intensive student or an intermediate 15 student. 16 (1) (2) “Fully English proficient” means a student who 17 has attained a level of English-language skill in reading, 18 writing, listening, and speaking to be proficient under the 19 state’s English language proficiency standards, as measured by 20 the state-adopted assessment of English language proficiency 21 as required by section 1111 of the federal Elementary and 22 Secondary Education Act of 1965, as amended by the federal 23 Every Student Succeeds Act, Pub. L. No. 114-95. 24 (2) (3) “Intensive student” means a 25 limited-English-proficient student an English learner who, 26 even with support, is not proficient under the state’s 27 English language proficiency standards, as measured by the 28 state-adopted assessment of English language proficiency. 29 (3) (4) “Intermediate student” means a 30 limited-English-proficient student an English learner who, 31 either with or without support, approaches being proficient 32 under the state’s English language proficiency standards, as 33 measured by the state-adopted assessment of English language 34 proficiency. 35 -4- LSB 5324YC (1) 89 jda/jh 4/ 7

H.F. _____ (4) “Limited English proficient” means a student’s language 1 background is in a language other than English, and the 2 student’s proficiency in English is such that the probability 3 of the student’s academic success in an English-only classroom 4 is below that of an academically successful peer with an 5 English language background. Each limited-English-proficient 6 student shall be identified as either an intensive student or 7 an intermediate student. 8 2. The department of education shall adopt rules relating 9 to the identification of limited-English-proficient students 10 English learners who require special instruction under this 11 section and to application procedures for funds available under 12 this section . 13 3. a. In order to provide funds for the excess costs 14 of instruction of limited-English-proficient students 15 English learners specified in paragraph “b” above the 16 costs of instruction of pupils in a regular curriculum, 17 each limited-English-proficient student English learner 18 identified as an intensive student shall be assigned 19 an additional weighting of twenty-six hundredths, each 20 limited-English-proficient student English learner identified 21 as an intermediate student shall be assigned an additional 22 weighting of twenty-one hundredths, and the applicable 23 weighting shall be included in the weighted enrollment of the 24 school district of residence for a period not exceeding five 25 years as provided in paragraph “b” . However, the school budget 26 review committee may grant supplemental aid or a modified 27 supplemental amount to a school district to continue funding 28 a program for students after the expiration of the five-year 29 period. 30 b. For students first determined to be limited English 31 proficient English learners for a budget year beginning on or 32 after July 1, 2010, the additional weighting provided under 33 paragraph “a” shall be included in the weighted enrollment 34 of the school district of residence for a cumulative period 35 -5- LSB 5324YC (1) 89 jda/jh 5/ 7

H.F. _____ of time not exceeding five years beginning with the budget 1 year for which the student was first determined to be limited 2 English proficient an English learner . The five years 3 of eligibility for the additional weighting need not be 4 consecutive and a student’s eligibility for the additional 5 weighting is transferable to another district of residence. 6 Sec. 11. Section 284.11, subsection 2, paragraph a, Code 7 2022, is amended to read as follows: 8 a. Collect relevant data and establish a list of high-need 9 schools eligible for state supplemental assistance. The 10 department shall establish a process and criteria to determine 11 which schools are placed on the list and the department shall 12 revise the list annually. Criteria for the determination of 13 which high-need schools shall be placed on the list shall be 14 based upon factors that include but are not limited to the 15 socioeconomic status of the students enrolled in the school, 16 the percentage of the school’s student body who are limited 17 English proficient students English learners , student academic 18 growth, certified instructional staff attrition, and geographic 19 balance. The department may approve or disapprove requests for 20 revision of the list, which a school district submits pursuant 21 to subsection 3 . 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to education, including the education 26 of students who are not fully English proficient and the 27 standards applicable to the hiring, developing, and evaluation 28 of community college faculty. 29 The bill modifies the Code to replace references to a student 30 who is “limited English proficient” with “English learner”. 31 Current law requires a community-college administration 32 to establish a committee consisting of instructors and 33 administrators to develop a plan for hiring and developing 34 quality faculty that includes several provisions. Current law 35 -6- LSB 5324YC (1) 89 jda/jh 6/ 7

H.F. _____ also requires that one of those provisions include compliance 1 with the faculty accreditation standards of the higher 2 learning commission. The bill modifies this provision to 3 require compliance with the faculty accreditation standards 4 of specified accredited institutions of higher education that 5 are consistent with the standards established pursuant to Code 6 section 260C.48 (standards for accrediting community college 7 programs). 8 Current law requires that community-college-employed 9 instructors in the subject area of arts and sciences shall 10 either possess a master’s degree from a regionally accredited 11 graduate school or have two or more years of successful 12 experience in a professional field in which the instructor is 13 teaching classes and in which postbaccalaureate recognition or 14 professional licensure is necessary. The bill modifies the 15 provision related to an instructor’s possession of a master’s 16 degree to require that the instructor possess a master’s degree 17 from a graduate school that meets the standards established by 18 an accrediting agency recognized under 34 C.F.R. pt. 602 and by 19 the federal Higher Education Opportunity Act. 20 Current law provides that the standards relating to quality 21 assurance of community college faculty and ongoing quality 22 professional development shall include the accreditation 23 standards of the higher learning commission. The bill modifies 24 this provision to require that the standards shall be the 25 accreditation standards of similar accredited institutions 26 of higher education that are consistent with the standards 27 established pursuant to Code section 260C.48. For purposes of 28 this provision, the bill defines “accredited” as an institution 29 of higher education that meets the standards established by an 30 accrediting agency recognized under 34 C.F.R. pt. 602 and by 31 the federal Higher Education Opportunity Act. 32 -7- LSB 5324YC (1) 89 jda/jh 7/ 7