HF 2363 (LSB 5484HV (2) 91)

HOUSE FILE 2363

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO HSB 557)

A BILL FOR

An Act relating to English learners, including by modifying provisions related to open enrollment and the payment of costs incurred in transporting English learners to nonpublic schools, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 280.4, subsection 3, paragraph a, Code 2026, is amended to read as follows:
   a.  In order to provide funds for the excess costs of instruction of English learners specified in paragraph “b” above the costs of instruction of pupils in a regular curriculum, and for the costs of transporting English learners, including transportation to nonpublic schools, each English learner identified as an intensive student shall be assigned an additional weighting of twenty-six hundredths, each English learner identified as an intermediate student shall be assigned an additional weighting of twenty-one hundredths, and the applicable weighting shall be included in the weighted enrollment of the school district of residence for a period not exceeding five years as provided 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 period.
    Sec. 2.  Section 282.18, subsection 7, paragraph b, subparagraph (1), Code 2026, is amended to read as follows:
   (1)  The board of directors of the district of residence shall pay to the receiving district the sum of the state cost per pupil for the budget year plus the teacher leadership supplement state cost per pupil, the professional development supplement state cost per pupil, and the early intervention supplement state cost per pupil for the budget year as provided in section 257.9, plus any moneys that would be due to the school district of residence for the pupil as a result of the non-English speaking additional weighting assigned to English learners under section 280.4, subsection 3, for the budget year multiplied by the state cost per pupil for the budget year. If the pupil participating in open enrollment is also an eligible pupil under section 261E.6, the receiving district shall pay the tuition reimbursement amount to an eligible postsecondary institution as provided in section 261E.7.
    Sec. 3.  Section 282.18, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  8A.  a.  If a request filed under this section is for an English learner, the request to transfer to the other district shall only be granted if all of the following conditions are met:
   (1)  The receiving district maintains a program to provide special instruction to English learners under section 280.4 that is appropriate to meet the English learner’s educational needs and the enrollment of the English learner in the receiving district’s special instruction program would not cause the size of the class or caseload in that special instruction program in the receiving district to exceed the maximum class size or caseload established pursuant to rules adopted by the state board of education.
   (2)  If the English learner would be assigned to a general education class, there is sufficient classroom space in the general education class to which the English learner would be assigned.
   b.  (1)  If the actual costs the receiving district incurs in providing the English learner with the special instruction described in section 280.4 are greater than the moneys that would be due to the district of residence for the English learner as a result of the additional weighting assigned to English learners under section 280.4, subsection 3, then, in addition to the payments described in subsection 7, paragraph “b”, subparagraph (1), the English learner’s district of residence shall pay to the receiving district an amount equal to the actual costs the receiving district incurs in providing the English learner with the special instruction described in section 280.4 less any moneys that would be due to the district of residence for the English learner as a result of the additional weighting assigned to English learners under section 280.4, subsection 3.
   (2)  If the actual costs the receiving district incurs in providing the English learner with the special instruction described in section 280.4 are less than or equal to the moneys that would be due to the district of residence for the English learner as a result of the additional weighting assigned to English learners under section 280.4, subsection 3, then the district of residence shall pay the receiving district in accordance with the provisions of subsection 7, paragraph “b”, subparagraph (1).
   c.  For purposes of this subsection, “English learner” means the same as defined in section 280.4.
    Sec. 4.  APPLICABILITY.  The following applies to open enrollment applications, requests, and notifications filed by a parent or guardian pursuant to section 282.18 on or after the effective date of this Act:
   The section of this Act enacting section 282.18, subsection 8A.
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 English learners, including by modifying provisions related to open enrollment and the payment of costs incurred in transporting English learners to nonpublic schools.
   The bill provides that the additional weighting associated with English learners, in addition to paying for the excess costs of instruction, are to be used to pay for the costs of transporting English learners, including transportation to nonpublic schools.
   The bill provides that if a parent or guardian files a request for an English learner to open enroll, the request shall be granted only if the receiving district maintains a program to provide special instruction to English learners that is appropriate to meet the English learner’s educational needs and the enrollment of the English learner in the receiving district’s special instruction program would not cause the size of the class or caseload in that special instruction program in the receiving district to exceed the maximum class size or caseload, and if the English learner would be assigned to a general education class, there is sufficient classroom space in the general education class to which the English learner would be assigned. The bill establishes the amount that the English learner’s district of residence is required to pay to the receiving district. These provisions apply to open enrollment applications, requests, and notifications filed by a parent or guardian on or after the effective date of the bill.
   The bill makes other nonsubstantive terminology changes to Code section 282.18(7)(b)(1), which describes amounts that districts of residence are required to pay to receiving districts for students who open enroll.