COMMITTEE SUBSTITUTE
FOR
H. B. 4211
(By Delegates Lawrence, M. Poling, Perry,
Shaver, Phillips, Stowers, Duke)
(Originating in the Committee on Finance)
[February 23, 2010]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-9A-22, relating
to providing supplemental funding for providing alternative
programs for limited English proficient students; and granting
the State Board of Education rule-making authority.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-9A-22, to read as
follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-22. Supplemental funding for the provision of programs
required for Limited English Proficient (LEP)
students.
Any funds
appropriated
by the Legislature to the Department
of Education for distribution to the county boards of education to
supplement programs required for Limited English Proficient students as defined by state board policy in accordance with
federal law shall be used to supplement a program when the cost of
the program exceeds the capacity of a county board to provide the
program with funds available. Any appropriation made pursuant to
this section shall be distributed to the county boards in a manner
that takes into account the varying proficiency levels of the
students and the capacity of the county board to deliver the
needed programs. In order to receive the funding, a county board
must apply to the state superintendent. The state board shall
promulgate a rule in accordance with the provisions of article
three-b, chapter twenty-nine-a of this code that sets forth the
manner in which county boards apply for the funding and to
implement the other provisions of this section.
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