(1)There is established the state English language proficiency program to assist local
education providers in administering and implementing English language
proficiency programs for English language learners in kindergarten and grades one
through twelve.
(2)(a) A student who is identified for inclusion in an English language
proficiency program may receive funding pursuant to this section for up to a total of
five budget years regardless of whether the student transfers enrollment among
local education providers during the five years. The five budget years in which a
student receives funding pursuant to this section are not required to be consecutive
if a student exits an English language proficiency program and is subsequently re-identified for inclusion in an English langua
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(1)
There is established the state English language proficiency program to assist local
education providers in administering and implementing English language
proficiency programs for English language learners in kindergarten and grades one
through twelve.
(2) (a) A student who is identified for inclusion in an English language
proficiency program may receive funding pursuant to this section for up to a total of
five budget years regardless of whether the student transfers enrollment among
local education providers during the five years. The five budget years in which a
student receives funding pursuant to this section are not required to be consecutive
if a student exits an English language proficiency program and is subsequently re-identified for inclusion in an English language proficiency program. A student is not
eligible for funding in a school year in which the student does not receive
educational support through an English language proficiency program. The
department shall allocate state moneys pursuant to this section on the student's
behalf to the local education provider that enrolls the student.
(b) If a student was identified for inclusion in an English language
proficiency program before May 21, 2014, and received state funding pursuant to
this article as it existed before May 21, 2014, the department must include the
budget years for which the student received funding before May 21, 2014, in
calculating the five-year limit on funding for the student.
(3) (a) The general assembly shall annually appropriate money to the
department to implement this section. The department shall allocate the money
annually appropriated to local education providers on a per-pupil basis using the
number of English language learners certified pursuant to section 22-24-105,
subject to the time limit specified in subsection (2) of this section. The local
education providers shall use the allocated amount to provide services to the
certified English language learners.
(b) (I) The department shall distribute a portion of the amount annually
appropriated to the department pursuant to subsection (3)(a) of this section to local
education providers based on the percentage of certified English language learners
who:
(A) Speak a language other than English and do not comprehend or speak
English;
(B) Comprehend or speak some English but whose primary comprehension or
speech is in a language other than English; and
(C) Are eligible for funding pursuant to the time limit specified in subsection
(2) of this section.
(II) A student shall not be funded pursuant to this paragraph (b) for more
than four hundred dollars per year or an amount equal to twenty percent of the
state average per pupil revenues, as defined in section 22-54-103 (12), for the
preceding budget year as determined by the department, whichever is greater.
(c) (I) The department shall distribute a portion of the amount annually
appropriated pursuant to subsection (3)(a) of this section to local education
providers based on the percentage of certified English language learners who are
eligible for funding pursuant to the time limit specified in subsection (2) of this
section and who comprehend and speak English and one or more other languages
but whose English language development and comprehension is:
(A) At or below the mean of students enrolled in the local education provider
or below the mean or equivalent on a nationally standardized test; or
(B) Below the acceptable proficiency level based on the assessments
identified by the department pursuant to section 22-24-106 (1)(a).
(II) A student shall not be funded pursuant to this paragraph (c) for more
than two hundred dollars per year or an amount equal to ten percent of the state
average per pupil revenues, as defined in section 22-54-103 (12), for the preceding
budget year as determined by the department, whichever is greater.
(4) Each local education provider shall provide English language proficiency
programs for English language learners who are enrolled in the public schools
operated by the local education provider; except that local education providers may
cooperate in carrying out the provisions of this article.
(5) This article does not prohibit a local education provider from using the
moneys allocated pursuant to this article for bilingual programs, English-as-a-second-language programs, or any other method of achieving the purposes of this
article. A local education provider that administers any of these programs shall
receive moneys pursuant to this article only on the basis of the number of English
language learners enrolled in the programs.