House File 2363 - Introduced HOUSE FILE 2363 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 557) A BILL FOR An Act relating to English learners, including by modifying 1 provisions related to open enrollment and the payment of 2 costs incurred in transporting English learners to nonpublic 3 schools, and including applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5484HV (2) 91 jda/jh

H.F. 2363 Section 1. Section 280.4, subsection 3, paragraph a, Code 1 2026, is amended to read as follows: 2 a. In order to provide funds for the excess costs of 3 instruction of English learners specified in paragraph 4 “b” above the costs of instruction of pupils in a regular 5 curriculum, and for the costs of transporting English learners, 6 including transportation to nonpublic schools, each English 7 learner identified as an intensive student shall be assigned 8 an additional weighting of twenty-six hundredths, each 9 English learner identified as an intermediate student shall 10 be assigned an additional weighting of twenty-one hundredths, 11 and the applicable weighting shall be included in the weighted 12 enrollment of the school district of residence for a period not 13 exceeding five years as provided in paragraph “b” . However, the 14 school budget review committee may grant supplemental aid or a 15 modified supplemental amount to a school district to continue 16 funding a program for students after the expiration of the 17 five-year period. 18 Sec. 2. Section 282.18, subsection 7, paragraph b, 19 subparagraph (1), Code 2026, is amended to read as follows: 20 (1) The board of directors of the district of residence 21 shall pay to the receiving district the sum of the state cost 22 per pupil for the budget year plus the teacher leadership 23 supplement state cost per pupil, the professional development 24 supplement state cost per pupil, and the early intervention 25 supplement state cost per pupil for the budget year as provided 26 in section 257.9 , plus any moneys that would be due to the 27 school district of residence for the pupil as a result of the 28 non-English speaking additional weighting assigned to English 29 learners under section 280.4, subsection 3 , for the budget year 30 multiplied by the state cost per pupil for the budget year. If 31 the pupil participating in open enrollment is also an eligible 32 pupil under section 261E.6 , the receiving district shall pay 33 the tuition reimbursement amount to an eligible postsecondary 34 institution as provided in section 261E.7 . 35 -1- LSB 5484HV (2) 91 jda/jh 1/ 4

H.F. 2363 Sec. 3. Section 282.18, Code 2026, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 8A. a. If a request filed under this 3 section is for an English learner, the request to transfer 4 to the other district shall only be granted if all of the 5 following conditions are met: 6 (1) The receiving district maintains a program to provide 7 special instruction to English learners under section 280.4 8 that is appropriate to meet the English learner’s educational 9 needs and the enrollment of the English learner in the 10 receiving district’s special instruction program would not 11 cause the size of the class or caseload in that special 12 instruction program in the receiving district to exceed the 13 maximum class size or caseload established pursuant to rules 14 adopted by the state board of education. 15 (2) If the English learner would be assigned to a general 16 education class, there is sufficient classroom space in the 17 general education class to which the English learner would be 18 assigned. 19 b. (1) If the actual costs the receiving district incurs 20 in providing the English learner with the special instruction 21 described in section 280.4 are greater than the moneys that 22 would be due to the district of residence for the English 23 learner as a result of the additional weighting assigned to 24 English learners under section 280.4, subsection 3, then, in 25 addition to the payments described in subsection 7, paragraph 26 “b” , subparagraph (1), the English learner’s district of 27 residence shall pay to the receiving district an amount equal 28 to the actual costs the receiving district incurs in providing 29 the English learner with the special instruction described 30 in section 280.4 less any moneys that would be due to the 31 district of residence for the English learner as a result of 32 the additional weighting assigned to English learners under 33 section 280.4, subsection 3. 34 (2) If the actual costs the receiving district incurs in 35 -2- LSB 5484HV (2) 91 jda/jh 2/ 4

H.F. 2363 providing the English learner with the special instruction 1 described in section 280.4 are less than or equal to the moneys 2 that would be due to the district of residence for the English 3 learner as a result of the additional weighting assigned to 4 English learners under section 280.4, subsection 3, then the 5 district of residence shall pay the receiving district in 6 accordance with the provisions of subsection 7, paragraph “b” , 7 subparagraph (1). 8 c. For purposes of this subsection, “English learner” means 9 the same as defined in section 280.4. 10 Sec. 4. APPLICABILITY. The following applies to open 11 enrollment applications, requests, and notifications filed by a 12 parent or guardian pursuant to section 282.18 on or after the 13 effective date of this Act: 14 The section of this Act enacting section 282.18, subsection 15 8A. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to English learners, including by 20 modifying provisions related to open enrollment and the payment 21 of costs incurred in transporting English learners to nonpublic 22 schools. 23 The bill provides that the additional weighting associated 24 with English learners, in addition to paying for the excess 25 costs of instruction, are to be used to pay for the costs of 26 transporting English learners, including transportation to 27 nonpublic schools. 28 The bill provides that if a parent or guardian files a 29 request for an English learner to open enroll, the request 30 shall be granted only if the receiving district maintains a 31 program to provide special instruction to English learners that 32 is appropriate to meet the English learner’s educational needs 33 and the enrollment of the English learner in the receiving 34 district’s special instruction program would not cause the size 35 -3- LSB 5484HV (2) 91 jda/jh 3/ 4

H.F. 2363 of the class or caseload in that special instruction program 1 in the receiving district to exceed the maximum class size or 2 caseload, and if the English learner would be assigned to a 3 general education class, there is sufficient classroom space in 4 the general education class to which the English learner would 5 be assigned. The bill establishes the amount that the English 6 learner’s district of residence is required to pay to the 7 receiving district. These provisions apply to open enrollment 8 applications, requests, and notifications filed by a parent or 9 guardian on or after the effective date of the bill. 10 The bill makes other nonsubstantive terminology changes 11 to Code section 282.18(7)(b)(1), which describes amounts 12 that districts of residence are required to pay to receiving 13 districts for students who open enroll. 14 -4- LSB 5484HV (2) 91 jda/jh 4/ 4