WILLIAM DONALD SCHAEFER, Governor                            Ch. 510

CRITERIA: THE STUDENT WAS BORN OUTSIDE OF THE UNITED STATES OR WHOSE
NATIVE LANGUAGE IS NOT ENGLISH; THE STUDENT COMES FROM AN
ENVIRONMENT WHERE A LANGUAGE OTHER THAN ENGLISH IS DOMINANT; OR THE
STUDENT IS AN AMERICAN INDIAN OR ALASKAN NATIVE AND COMES FROM AN
ENVIRONMENT WHERE A LANGUAGE OTHER THAN ENGLISH HAS HAD A
SIGNIFICANT IMPACT ON HIS/HER LEVEL OF ENGLISH LANGUAGE PROFICIENCY.

(III) "NON- AND LIMITED-ENGLISH PROFICIENT STUDENT COUNT"
MEANS THE NUMBER OF NON- AND LIMITED-ENGLISH PROFICIENT STUDENTS AS OF
OCTOBER 31 MAY 15 OF A SCHOOL YEAR.

(2) EXCEPT AS PROVIDED UNDER REGULATIONS ADOPTED BY THE
STATE BOARD OF EDUCATION, A STUDENT MAY NOT BE INCLUDED IN THE NON-
AND LIMITED-ENGLISH PROFICIENCY STUDENT COUNT FOR MORE THAN 2 SCHOOL
YEARS.

(B)     (1) BEGINNING IN FISCAL YEAR 1995, THE DEPARTMENT SHALL
DISTRIBUTE ANNUALLY TO EACH COUNTY BOARD A GRANT FOR THE PURPOSE OF
PROVIDING INSTRUCTION AND SERVICES TO NON- AND LIMITED-ENGLISH
PROFICIENT STUDENTS.

(2)      (I) IN FISCAL YEAR 1995, THE AMOUNT OF THE GRANT SHALL BE
NO LESS THAN $1,000 TIMES DISTRIBUTED ON THE BASIS OF THE NON- AND
LIMITED-ENGLISH PROFICIENT STUDENT COUNT FOR THE SCHOOL YEAR PRIOR TO
THE FISCAL YEAR FOR WHICH THE APPROPRIATION IS PROVIDED.

(II) FOR FISCAL YEAR 1996 AND EVERY YEAR THEREAFTER, THE
AMOUNT OF THE GRANT SHALL EQUAL GOVERNOR SHALL INCLUDE IN THE STATE
BUDGET FUNDING FOR THE GRANT, IN AN AMOUNT AT LEAST EQUAL TO $500 TIMES
THE NON- AND LIMITED-ENGLISH PROFICIENT STUDENT COUNT FOR THE SECOND
PRECEDING SCHOOL YEAR PRIOR TO THE FISCAL YEAR FOR WHICH THE
APPROPRIATION IS PROVIDED. THE AMOUNT OF THE GRANT FOR THE PREVIOUS
FISCAL YEAR INCREASED BY THE SAME PERCENTAGE AS THE INCREASE IN THE
CONSUMER PRICE INDEX IN MARYLAND FOR THE PRECEDING FISCAL YEAR.

(3)      TO BE ELIGIBLE TO RECEIVE THE GRANTS PROVIDED UNDER
PARAGRAPH (2) OF THIS SUBSECTION, A COUNTY BOARD SHALL HAVE PROGRAMS
FOR PROVIDING INSTRUCTION AND SERVICES TO NON- AND LIMITED-ENGLISH
PROFICIENT STUDENTS THAT ARE APPROVED BY THE DEPARTMENT.

(C)      (1) THE DEPARTMENT SHALL ESTABLISH GUIDELINES FOR PROGRAMS
FOR NON- AND LIMITED-ENGLISH PROFICIENT STUDENTS.

(2) A COUNTY BOARD SHALL EXPEND THE STATE FUNDS RECEIVED
UNDER THIS SECTION FOR PROGRAMS FOR NON- AND LIMITED-ENGLISH
PROFICIENT STUDENTS AND SHALL REPORT ANNUALLY TO THE DEPARTMENT ON
THE ACTUAL EXPENDITURES OF THE STATE FUNDS RECEIVED UNDER THIS
SECTION.

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