280.4 - LIMITED ENGLISH PROFICIENCY -- WEIGHTING.

        280.4  LIMITED ENGLISH PROFICIENCY -- WEIGHTING.
         1.  The medium of instruction in all secular subjects taught in
      both public and nonpublic schools shall be the English language,
      except when the use of a foreign language is deemed appropriate in
      the teaching of any subject or when the student is limited English
      proficient.  When the student is limited English proficient, both
      public and nonpublic schools shall provide special instruction, which
      shall include but need not be limited to either instruction in
      English as a second language or transitional bilingual instruction
      until the student is fully English proficient or demonstrates a
      functional ability to speak, read, write, and understand the English
      language.  As used in this section, "limited English proficient"
      means a student's language background is in a language other than
      English, and the student's proficiency in English is such that the
      probability of the student's academic success in an English-only
      classroom is below that of an academically successful peer with an
      English language background.  "Fully English proficient" means a
      student who is able to read, understand, write, and speak the English
      language and to use English to ask questions, to understand teachers
      and reading materials, to test ideas, and to challenge what is being
      asked in the classroom.
         2.  The department of education shall adopt rules relating to the
      identification of limited English proficient students who require
      special instruction under this section and to application procedures
      for funds available under this section.
         3.  In order to provide funds for the excess costs of instruction
      of limited English proficient students above the costs of instruction
      of pupils in a regular curriculum, students identified as limited
      English proficient shall be assigned an additional weighting of
      twenty-two hundredths, and that weighting shall be included in the
      weighted enrollment of the school district of residence for a period
      not exceeding four years.  However, the school budget review
      committee may grant supplemental aid or modified allowable growth to
      a school district to continue funding a program for students after
      the expiration of the four-year period.  
         Section History: Early Form
         [C24, 27, 31, 35, 39, § 4254; C46, 50, 54, 58, 62, 66, 71, 73,
      § 280.5; C75, 77, 79, 81, § 280.4; 82 Acts, ch 1260, § 48] 
         Section History: Recent Form
         87 Acts, ch 224, § 52; 89 Acts, ch 135, §80; 91 Acts, ch 193, § 2;
      93 Acts, ch 127, § 3; 2002 Acts, ch 1114, §1; 2006 Acts, ch 1182,
      §44, 54
         Referred to in § 256F.3, 257.31, 282.18 
         Footnotes
         2006 amendment to subsection 3 is effective June 1, 2006, and
      applies for the school budget year beginning July 1, 2006, and
      succeeding budget years; 2006 Acts, ch 1182, §54