(1) The department shall: (a) Identify the English language proficiency assessments that local education providers must use to identify students who are eligible for inclusion in English language proficiency programs, which may include the assessments in use prior to May 21, 2014; (b) Annually review the statewide levels of proficiency on the statewide assessments administered pursuant to section 22-7-1006 for those English language learners who are required to take the statewide assessment; (c) Establish, by guidelines, any accommodations that a local education provider must allow and the circumstances in which a local education provider must allow the accommodations for English language learners who are taking assessments pursuant to section 22-7-1006.3; (d) Provide guidance documents and technical assistance to assist local education providers in identifying and assessing English language learners and in developing, implementing, and evaluating English language proficiency programs; (e) Identify, based on the certifications received from local education providers, the students who are counted as English language learners for purposes of calculating each local education provider's allocation of moneys pursuant to section 22-24-104 (3); (f) Annually allocate the moneys appropriated for implementation of this article, including allocating the moneys specified in section 22-24-104 (3) on a per-pupil basis, using the number of English language learners identified pursuant to paragraph (e) of this subsection (1) and participating in the English language proficiency program; (g) For each local education provider, monitor and report through the data portal operated pursuant to section 22-11-502, the number of English language learners who exit the English language proficiency program, the length of time English language learners remain in the English language proficiency program, and the number of English language learners who reenter the English language proficiency program; (h) Disaggregate the data received through the state assessment program pursuant to section 22-7-1006.3 and report the English language proficiency and academic achievement of English language learners, while they are receiving services through the English language proficiency program and after they exit the English language proficiency program through high school graduation, as provided in part 5 of article 11 of this title; and (i) Administer the English language proficiency act excellence award program created in section 22-24-107 and the professional development and student support program created in section 22-24-108. (2) In implementing the provisions of this article, the department shall not require local education providers to submit reports or otherwise provide data that is required by or that the department collects under other state or federal data-collection or reporting statutory or regulatory requirements. (3) The state board rules that are in effect to implement this article prior to May 21, 2014, may continue in effect after that date to the extent the state board finds that the rules continue to be appropriate, and the state board shall promulgate pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., such additional rules as may be necessary to implement this article. The state board by rule may identify measures that are specific to the English language proficiency assessment, which measures the department must use to determine a local education provider's level of achievement in meeting the English language development and academic achievement goals for English language learners.
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