Bill Text: IA SF2096 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to limited English proficient education by modifying the supplementary weighting for limited English proficient students, requiring the establishment of a limited English proficient advisory group, requiring the creation of a committee within the department of education, modifying provisions relating to the special instruction of limited English proficient students, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-05 - Subcommittee, Dvorsky, Boettger, and Mathis. S.J. 203. [SF2096 Detail]
Download: Iowa-2013-SF2096-Introduced.html
Senate
File
2096
-
Introduced
SENATE
FILE
2096
BY
PETERSEN
A
BILL
FOR
An
Act
relating
to
limited
English
proficient
education
by
1
modifying
the
supplementary
weighting
for
limited
English
2
proficient
students,
requiring
the
establishment
of
a
3
limited
English
proficient
advisory
group,
requiring
the
4
creation
of
a
committee
within
the
department
of
education,
5
modifying
provisions
relating
to
the
special
instruction
of
6
limited
English
proficient
students,
and
including
effective
7
date
provisions.
8
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
256.7,
Code
2014,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
33.
Adopt
rules,
following
consultation
3
with
area
education
agencies,
the
limited
English
proficient
4
advisory
group
established
under
section
280.4,
subsection
4,
5
the
limited
English
proficient
committee
established
under
6
section
256.9,
subsection
65,
and
other
stakeholders,
that
7
set
statewide
standards
for
the
training,
certification,
and
8
compliance
of
school
employees
that
provide
special
instruction
9
to
limited
English
proficient
students,
as
required
by
section
10
280.4.
11
NEW
SUBSECTION
.
34.
Adopt
rules
that
establish
standards
12
for
the
inclusion
of
research
pertaining
to
the
identification
13
and
instruction
of
limited
English
proficient
students
by
any
14
task
force,
committee,
or
advisory
group,
convened
by
the
15
department,
a
division
or
bureau
within
the
department,
a
16
school
district,
or
an
area
education
agency.
17
Sec.
2.
Section
256.9,
subsection
53,
paragraph
c,
18
subparagraph
(1),
Code
2014,
is
amended
by
adding
the
following
19
new
subparagraph
divisions:
20
NEW
SUBPARAGRAPH
DIVISION
.
(h)
Instructional
strategies
21
for
limited
English
proficient
students,
strategies
for
22
identifying
limited
English
proficient
students,
and
23
professional
development
strategies
and
materials
to
24
support
teacher
effectiveness
in
limited
English
proficient
25
instruction.
26
NEW
SUBPARAGRAPH
DIVISION
.
(i)
Data
reports
on
attendance
27
center,
school
district,
and
statewide
progress
in
the
28
instruction
of
limited
English
proficient
students
in
the
29
context
of
student,
attendance
center,
and
school
district
30
demographic
characteristics.
31
Sec.
3.
Section
256.9,
Code
2014,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
65.
Establish
a
permanent
limited
English
34
proficient
committee
within
the
department
to
review
and
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make
recommendations
relating
to
the
instruction
of
limited
1
English
proficient
students.
The
committee
shall
work
with
2
relevant
stakeholders,
including
the
advisory
group
established
3
pursuant
to
section
280.4,
subsection
4,
to
examine
the
best
4
practices
for
such
instruction,
review
funding
provided
to
5
school
districts
under
section
280.4
and
funding
from
other
6
sources,
facilitate
and
implement
research-based
reading
and
7
writing
instruction
for
limited
English
proficient
students,
8
and
facilitate
and
implement
programs
to
identify
limited
9
English
proficiency
during
early
childhood.
The
committee
10
shall
include
at
least
one
representative
from
each
division
or
11
bureau
of
the
department.
12
Sec.
4.
Section
257.31,
subsection
5,
paragraph
j,
Code
13
2014,
is
amended
to
read
as
follows:
14
j.
Unusual
need
to
continue
providing
a
program
or
other
15
special
assistance
to
non-English
speaking
pupils
after
the
16
expiration
of
the
five-year
period
of
years
specified
in
17
section
280.4
.
18
Sec.
5.
Section
280.4,
subsection
1,
Code
2014,
is
amended
19
to
read
as
follows:
20
1.
The
medium
of
instruction
in
all
secular
subjects
21
taught
in
both
public
and
nonpublic
schools
shall
be
the
22
English
language,
except
when
the
use
of
a
foreign
language
23
is
deemed
appropriate
in
the
teaching
of
any
subject
or
when
24
the
student
is
limited
English
proficient.
When
the
student
25
is
limited
English
proficient,
both
public
and
nonpublic
26
schools
shall
provide
special
instruction,
which
shall
include
27
but
need
not
be
limited
to
either
instruction
in
English
28
as
a
second
language
or
transitional
bilingual
instruction
29
until
the
student
is
fully
English
proficient
or
demonstrates
30
a
functional
ability
to
speak,
read,
write,
and
understand
31
the
English
language.
Each
school
district
shall
develop
a
32
research-based
instruction
plan
for
limited
English
proficient
33
students.
Each
school
district
shall
include
its
plan
in
34
the
school
district’s
comprehensive
school
improvement
plan
35
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submitted
pursuant
to
section
256.7,
subsection
21.
As
1
used
in
this
section
,
“limited
English
proficient”
means
a
2
student’s
language
background
is
in
a
language
other
than
3
English,
and
the
student’s
proficiency
in
English
is
such
4
that
the
probability
of
the
student’s
academic
success
in
5
an
English-only
classroom
is
below
that
of
an
academically
6
successful
peer
with
an
English
language
background.
“Fully
7
English
proficient”
means
a
student
who
is
able
to
read,
8
understand,
write,
and
speak
the
English
language
and
to
use
9
English
to
ask
questions,
to
understand
teachers
and
reading
10
materials,
to
test
ideas,
and
to
challenge
what
is
being
asked
11
in
the
classroom.
12
Sec.
6.
Section
280.4,
subsection
3,
Code
2014,
is
amended
13
to
read
as
follows:
14
3.
a.
(1)
In
order
to
provide
funds
for
the
excess
15
costs
of
instruction
of
limited
English
proficient
students
16
specified
in
paragraph
“b”
above
the
costs
of
instruction
of
17
pupils
in
a
regular
curriculum,
students
identified
as
limited
18
English
proficient
shall
be
assigned
an
additional
weighting
19
of
twenty-two
hundredths
according
to
subparagraph
(2)
,
and
20
that
weighting
shall
be
included
in
the
weighted
enrollment
of
21
the
school
district
of
residence
for
a
the
period
not
exceeding
22
five
of
years
specified
in
paragraph
“b”
.
However,
the
school
23
budget
review
committee
may
grant
supplemental
aid
or
a
24
modified
supplemental
amount
to
a
school
district
to
continue
25
funding
a
program
for
students
after
the
expiration
of
the
26
five-year
specified
period
of
years
.
27
(2)
For
budget
years
beginning
on
or
before
July
1,
2013,
28
students
identified
as
limited
English
proficient
shall
be
29
assigned
an
additional
weighting
of
twenty-two
hundredths.
For
30
the
budget
year
beginning
July
1,
2014,
students
identified
31
as
limited
English
proficient
shall
be
assigned
an
additional
32
weighting
of
twenty-six
hundredths.
For
the
budget
year
33
beginning
July
1,
2015,
and
each
budget
year
thereafter,
34
students
identified
as
limited
English
proficient
shall
be
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assigned
an
additional
weighting
of
thirty
hundredths.
1
b.
(1)
For
students
first
determined
to
be
limited
English
2
proficient
for
a
budget
year
beginning
on
or
after
July
3
1,
2010,
but
before
July
1,
2014,
the
additional
weighting
4
provided
under
paragraph
“a”
shall
be
included
in
the
weighted
5
enrollment
of
the
school
district
of
residence
for
a
period
6
not
exceeding
five
years
beginning
with
the
budget
year
for
7
which
the
student
was
first
determined
to
be
limited
English
8
proficient.
9
(2)
For
students
first
determined
to
be
limited
English
10
proficient
for
the
budget
year
beginning
on
July
1,
2014,
the
11
additional
weighting
provided
under
paragraph
“a”
shall
be
12
included
in
the
weighted
enrollment
of
the
school
district
of
13
residence
for
a
period
not
exceeding
six
years
beginning
with
14
the
budget
year
for
which
the
student
was
first
determined
to
15
be
limited
English
proficient.
16
(3)
For
students
first
determined
to
be
limited
English
17
proficient
for
a
budget
year
beginning
on
or
after
July
1,
18
2015,
the
additional
weighting
provided
under
paragraph
“a”
19
shall
be
included
in
the
weighted
enrollment
of
the
school
20
district
of
residence
for
a
period
not
exceeding
seven
years
21
beginning
with
the
budget
year
for
which
the
student
was
first
22
determined
to
be
limited
English
proficient.
23
Sec.
7.
Section
280.4,
Code
2014,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
4.
a.
The
director
of
the
department
26
of
education
shall
establish
a
permanent
limited
English
27
proficient
advisory
group
to
review
and
make
recommendations
28
relating
to
the
instruction
of
limited
English
proficient
29
students.
The
advisory
group
shall
work
with
relevant
30
stakeholders
to
conduct
an
examination
of
best
practices
for
31
such
instruction
and
a
review
of
funding
provided
to
school
32
districts
under
section
280.4
and
funding
from
other
sources.
33
The
advisory
group
shall
annually
develop
recommendations
for
34
consideration
by
the
limited
English
proficient
committee
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established
under
section
256.9,
subsection
65,
the
director,
1
the
state
board,
and
the
general
assembly.
The
advisory
group
2
shall
also
assist
with
the
final
development
and
implementation
3
of
any
such
recommendations
or
proposals.
4
b.
The
advisory
group
shall
include
but
is
not
limited
to
5
the
following
members:
6
(1)
A
person
or
representative
of
an
organization
7
specializing
in
limited
English
proficient
education.
8
(2)
A
person
or
representative
of
an
organization
9
specializing
in
Tit.
I
of
the
federal
Elementary
and
Secondary
10
Education
Act
of
1965,
20
U.S.C.
§6301
et
seq.,
as
amended
11
by
the
federal
No
Child
Left
Behind
Act
of
2001,
Pub.
L.
No.
12
107-110.
13
(3)
A
person
or
representative
of
an
organization
14
specializing
in
Tit.
III
of
the
federal
No
Child
Left
Behind
15
Act
of
2001,
Pub.
L.
No.
107-110.
16
(4)
A
person
or
representative
of
an
organization
17
specializing
in
special
education
instruction.
18
(5)
A
person
or
representative
of
an
organization
19
specializing
in
the
Iowa
core
curriculum.
20
Sec.
8.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
21
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
22
compliance
with
any
state
mandate
included
in
this
Act
shall
23
be
paid
by
a
school
district
from
state
school
foundation
aid
24
received
by
the
school
district
under
section
257.16.
This
25
specification
of
the
payment
of
the
state
cost
shall
be
deemed
26
to
meet
all
of
the
state
funding-related
requirements
of
27
section
25B.2,
subsection
3,
and
no
additional
state
funding
28
shall
be
necessary
for
the
full
implementation
of
this
Act
29
by
and
enforcement
of
this
Act
against
all
affected
school
30
districts.
31
Sec.
9.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
32
immediate
importance,
takes
effect
upon
enactment.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
limited
English
proficient
education
2
by
modifying
the
supplementary
weighting
for
limited
English
3
proficient
students,
requiring
the
establishment
of
a
limited
4
English
proficient
advisory
group,
requiring
the
creation
of
5
a
committee
within
the
department
of
education,
and
modifying
6
provisions
relating
to
the
special
instruction
of
limited
7
English
proficient
students.
8
Current
Code
section
280.4
provides
supplementary
weighting
9
for
the
excess
costs
of
instruction
of
limited
English
10
proficient
students.
The
current
amount
of
the
supplementary
11
weighting
for
students
identified
as
limited
English
proficient
12
is
0.22
per
student.
The
weighting
is
provided
for
those
13
students
first
determined
to
be
limited
English
proficient
for
14
a
budget
year
beginning
on
or
after
July
1,
2010,
and
may
be
15
included
in
the
weighted
enrollment
of
the
school
district
for
16
a
period
not
exceeding
five
years.
17
For
the
school
budget
year
beginning
on
July
1,
2014,
the
18
bill
increases
the
amount
of
the
supplementary
weighting
for
19
those
students
identified
as
limited
English
proficient
to
0.26
20
per
student.
For
the
budget
year
beginning
on
July
1,
2015,
21
and
each
budget
year
thereafter,
those
students
identified
as
22
limited
English
proficient
shall
be
assigned
an
additional
23
weighting
of
0.30
per
student.
24
The
bill
also
specifies
the
number
of
years
during
which
the
25
additional
weighting
may
be
included
in
the
school
district’s
26
weighted
enrollment.
For
students
first
determined
to
be
27
limited
English
proficient
for
a
budget
year
beginning
on
or
28
after
July
1,
2010,
but
before
July
1,
2014,
the
additional
29
weighting
may
be
included
for
a
period
not
exceeding
five
30
years.
For
students
first
determined
to
be
limited
English
31
proficient
for
the
budget
year
beginning
on
July
1,
2014,
the
32
additional
weighting
may
be
included
for
a
period
not
exceeding
33
six
years.
For
students
first
determined
to
be
limited
English
34
proficient
for
a
budget
year
beginning
on
or
after
July
1,
35
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2096
2015,
the
additional
weighting
may
be
included
for
a
period
not
1
exceeding
seven
years.
2
The
bill
requires
each
school
district
to
develop
a
3
research-based
instruction
plan
for
limited
English
proficient
4
students
and
requires
such
plan
to
be
included
in
the
school
5
district’s
comprehensive
school
improvement
plan
submitted
6
pursuant
to
Code
section
256.7(21).
7
The
bill
requires
the
director
of
the
department
of
8
education
to
establish
a
permanent
limited
English
proficient
9
advisory
group
to
review
and
make
recommendations
relating
to
10
the
instruction
of
limited
English
proficient
students.
The
11
bill
also
establishes
requirements
relating
to
the
membership
12
of
the
advisory
group.
13
The
bill
also
requires
the
director
of
the
department
14
of
education
to
establish
a
permanent
limited
English
15
proficient
committee
within
the
department
to
review
and
make
16
recommendations
relating
to
the
instruction
of
limited
English
17
proficient
students.
The
bill
requires
the
committee
to
work
18
with
relevant
stakeholders,
including
the
limited
English
19
proficient
advisory
group
required
to
be
established
under
20
the
bill,
to
examine
the
best
practices
for
such
instruction,
21
review
funding
sources,
facilitate
and
implement
research-based
22
reading
and
writing
instruction
for
limited
English
proficient
23
students,
and
facilitate
and
implement
programs
to
identify
24
limited
English
proficiency
during
early
childhood.
The
25
committee
must
include
at
least
one
representative
from
each
26
division
or
bureau
of
the
department
of
education.
27
The
bill
requires
the
Iowa
reading
research
center,
28
established
by
the
director
of
the
department
of
education
29
pursuant
to
Code
section
256.9(53)(c),
to
provide
for
the
30
development
and
dissemination
of
specified
strategies
and
data
31
reports
related
to
limited
English
proficient
students.
32
The
bill
requires
the
state
board
of
education
to
adopt
33
rules,
following
consultation
with
area
education
agencies
and
34
stakeholders,
that
set
statewide
standards
for
the
training,
35
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certification,
and
compliance
of
school
employees
that
provide
1
special
instruction
to
limited
English
proficient
students.
2
The
bill
also
requires
the
state
board
of
education
to
adopt
3
rules
that
establish
standards
for
the
inclusion
of
research
4
pertaining
to
the
identification
and
instruction
of
limited
5
English
proficient
students
by
any
task
force,
committee,
or
6
advisory
group,
convened
by
the
department,
a
division
or
7
bureau
within
the
department,
a
school
district,
or
an
area
8
education
agency.
9
This
bill
may
include
a
state
mandate
as
defined
in
Code
10
section
25B.3.
The
bill
requires
that
the
state
cost
of
11
any
state
mandate
included
in
the
bill
be
paid
by
a
school
12
district
from
state
school
foundation
aid
received
by
the
13
school
district
under
Code
section
257.16.
The
specification
14
is
deemed
to
constitute
state
compliance
with
any
state
mandate
15
funding-related
requirements
of
Code
section
25B.2.
The
16
inclusion
of
this
specification
is
intended
to
reinstate
the
17
requirement
of
political
subdivisions
to
comply
with
any
state
18
mandates
included
in
the
bill.
19
The
bill
takes
effect
upon
enactment.
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