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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
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5484HV
(2)
91
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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
.
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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
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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
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4
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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.
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