COMMITTEE SUBSTITUTE

FOR

H. B. 2538

(By Delegates Perry and M. Poling)


(Originating in the Committee on Finance)


[March 26, 2009]


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-9A-22, relating to supplemental funding for programs for students with limited English proficiency and learning English as a second language; providing framework for the distribution of appropriations of funds for the programs; requiring application by county boards to receive funding; and requiring state board rule to implement provisions.

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 students with limited English proficiency and learning English as a second language.

Any appropriation made to the Department of Education for distribution to county boards to supplement the provision of programs required for students with limited English proficiency and learning English as a second language that exceed the capacity of the county to provide with funds available shall be distributed to the county boards in a manner that assesses and takes into account the varying proficiency levels of the students and the capacity of the county to deliver the needed programs. A county board must apply to the state superintendent in a manner set forth by the state superintendent for receipt of this funding. The state board shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code that implements the provisions of this section.