(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.
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