15-756.04. Arizona English language learner fund; local-level funds

A. The Arizona English language learner fund is established. The department of education shall administer the fund.

B. The department of education shall submit an annual request for an appropriation for the purposes of this section.

C. In addition to the ELL support level weight prescribed in section 15-943, the department of education shall distribute monies from the fund to school districts and charter schools in an amount specified in the budget request prescribed in section 15-756.03, subsection C. This subsection does not prohibit a school district or charter school from receiving monies from the statewide compensatory instruction fund established by section 15-756.11 for more than two fiscal years for the same pupil.

D. The superintendent of public instruction shall attempt to obtain the maximum amount of federal funding that is available for English language learner programs.

E. Each school district and charter school shall establish a local-level English language learner fund to receive monies distributed from the Arizona English language learner fund. Monies in local-level English language learner funds shall be spent only to provide instruction to English language learners. The auditor general shall modify the budget format, financial record requirements, accounting forms and financial report forms in accordance with this subsection. In consultation with the department of education, the auditor general shall provide support and guidance to assist school districts and charter schools in complying with this subsection. Documents developed pursuant to this subsection shall be reviewed by the state board of education and the joint legislative budget committee.

F. Each school district and charter school shall use monies from its local-level English language learner fund to supplement existing programs for English language learners. Monies from the fund shall not be used to supplant available monies used to pay for the normal costs of conducting programs for English proficient students.