(1) There is created in the department the professional development and student support program, referred to in this section as the "support program", to provide moneys to local education providers to: (a) Offset the costs incurred in complying with the requirements specified in section 22- 24-105 (3); (b) Provide effective professional development activities related to teaching English language learners for all educators who may work with English language learners in the classroom; and (c) Expand programs to assist students who, at any time, have been identified as English language learners in achieving greater content proficiency. (2) (a) The department shall distribute the amount that the general assembly annually appropriates for the support program as follows: (I) A portion of the amount annually appropriated to local education providers to provide services to English language learners, and professional development activities for educators who work with English language learners, 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 section 22-24-104 (2); and (II) The remaining portion of the amount annually appropriated to local education providers to provide services to, and to provide professional development activities for educators who work with, English language learners 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). (b) Each district shall annually distribute to each charter school one hundred percent of the amount that the district receives pursuant to paragraph (a) of this subsection (2) on behalf of the English language learners enrolled in each charter school for the applicable budget year. The moneys a district distributes to charter schools pursuant to this paragraph (b) are in addition to the moneys the district distributes pursuant to part 1 of article 30.5 of this title. (c) The state charter school institute shall annually distribute to each institute charter school one hundred percent of the amount that the state charter school institute receives on behalf of the English language learners enrolled in each institute charter school for the applicable budget year. The moneys the state charter school institute distributes to institute charter schools pursuant to this paragraph (c) are in addition to the moneys the institute distributes pursuant to part 5 of article 30.5 of this title. (3) Repealed. (4) The general assembly finds that, for purposes of section 17 of article IX of the state constitution, the professional development and student support program is an important component of an accountable program to meet state academic standards and, therefore, may be funded from moneys in the state education fund created in section 17 (4) of article IX of the state constitution.
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