Senate File 29 - IntroducedA Bill ForAn Act 1relating to additional weighting for limited English
2proficient students and including effective date and
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 257.31, subsection 5, paragraph j, Code
22019, is amended to read as follows:
   3j.  Unusual need to continue providing a program or other
4special assistance to non-English speaking limited English
5proficient
pupils after the expiration of the five-year period
 6of years specified in section 280.4.
7   Sec. 2.  Section 280.4, subsection 3, Code 2019, is amended
8to read as follows:
   93.  a.  In order to provide funds for the excess costs of
10instruction of limited English proficient students specified
11in paragraph “b” above the costs of instruction of pupils in
12a regular curriculum, students identified as limited English
13proficient shall be assigned an additional weighting of
14twenty-two thirty-nine hundredths, and that weighting shall be
15included in the weighted enrollment of the school district of
16residence for a period not exceeding five the period of years
 17specified in paragraph “b”. However, the school budget review
18committee may grant supplemental aid or a modified supplemental
19amount to a school district to continue funding a program for
20students after the expiration of the five-year specified period
 21of years.
   22b.  (1)  For students first determined to be limited English
23proficient for a budget year beginning on or after July
241, 2010, but before July 1, 2019, the additional weighting
25provided under paragraph “a” shall be included in the weighted
26enrollment of the school district of residence for a cumulative
27period of time not exceeding five years beginning with the
28budget year for which the student was first determined to be
29limited English proficient. The five years of eligibility
30for the additional weighting need not be consecutive and
31a student’s eligibility for the additional weighting is
32transferable to another district of residence.
   33(2)  For students first determined to be limited English
34proficient for a budget year beginning on or after July 1,
352019, the additional weighting provided under paragraph “a”
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1 shall be included in the weighted enrollment of the school
2district of residence for a period not exceeding seven years
3beginning with the budget year for which the student was
4first determined to be limited English proficient. The seven
5years of eligibility for the additional weighting need not be
6consecutive and a student’s eligibility for the additional
7weighting is transferable to another district of residence.
8   Sec. 3.  Section 282.18, subsection 7, paragraph b,
9subparagraph (1), Code 2019, is amended to read as follows:
   10(1)  The board of directors of the district of residence
11shall pay to the receiving district the sum of the state cost
12per pupil for the previous school year plus either the teacher
13leadership supplement state cost per pupil for the previous
14fiscal year as provided in section 257.9 or the teacher
15leadership supplement foundation aid for the previous fiscal
16year as provided in section 284.13, subsection 1, paragraph “d”,
17if both the district of residence and the receiving district
18are receiving such supplements, plus any moneys received for
19the pupil as a result of the non-English speaking limited
20English proficient
weighting under section 280.4, subsection
213, for the previous school year multiplied by the state cost
22per pupil for the previous year. If the pupil participating in
23open enrollment is also an eligible pupil under section 261E.6,
24the receiving district shall pay the tuition reimbursement
25amount to an eligible postsecondary institution as provided in
26section 261E.7.
27   Sec. 4.  Section 282.18, subsection 16, paragraph a, Code
282019, is amended to read as follows:
   29a.  If a request under this section is for transfer to the
30research and development school, as described in chapter 256G,
31the student who is the subject of the request shall be included
32in the basic enrollment of the student’s district of residence
33and the board of directors of the district of residence shall
34pay to the research and development school the state cost per
35pupil for the previous school year, plus any moneys received
-2-1for the pupil as a result of the non-English speaking limited
2English proficient
weighting under section 280.4, subsection
33, for the previous school year multiplied by the state cost
4per pupil for the previous year.
5   Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of immediate
6importance, takes effect upon enactment.
7   Sec. 6.  APPLICABILITY.  This Act applies to school budget
8years beginning on or after July 1, 2019.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
   12This bill relates to limited English proficient education
13by increasing the amount of supplementary weighting and the
14number of years of supplementary weighting for limited English
15proficient students.
   16Current Code section 280.4 provides supplementary weighting
17for the excess costs of instruction of limited English
18proficient students. The current amount of the additional
19weighting for students identified as limited English proficient
20is 0.22 per student. The weighting is provided for those
21students first determined to be limited English proficient for
22a budget year beginning on or after July 1, 2010, and may be
23included in the weighted enrollment of the school district for
24a period not exceeding five years.
   25The bill provides that for students first determined to be
26limited English proficient for a budget year beginning on or
27after July 1, 2010, but before July 1, 2019, the additional
28weighting may be included for a period not exceeding five
29years. For students first determined to be limited English
30proficient for a budget year beginning on or after July 1,
312019, the additional weighting may be included for a period
32not exceeding seven years. The bill also increases the amount
33of the additional weighting for students identified as limited
34English proficient from 0.22 per student to 0.39 per student.
   35The bill also makes statutory changes to provide uniformity
-3-1in referring to limited English proficient pupils.
   2The bill takes effect upon enactment and applies to school
3budget years beginning on or after July 1, 2019.
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