2. Who comes from an environment where a language other
than English is dominant; or

3. Who is an American Indian or Alaskan native and comes
from an environment where a language other than English has had a significant
impact on the student's level of English language proficiency.

(2) [(i) Subject to the provisions of subparagraph (ii) of this paragraph,
the ]THE amount of the grant shall be $800 times the number of qualified full-time
equivalent students who are enrolled in a county ESOL program and at the
community college.

[(ii) 1. The total amount of the grants under this paragraph may
not exceed $1,000,000 $3,000,000 $2,500,000 for any fiscal year.

2. If, for any fiscal year, the total amount of the grants
calculated under subparagraph (i) of this paragraph would exceed $1,000,000
$3,000,000 $2,500,000, then each grant shall be prorated by the amount necessary to
reduce the total amount of the grants to $1,000,000 $3,000,000 $2,500,000.]

(3) (i) If the amount that is appropriated to a board under this
subsection for any fiscal year is more than the actual cost of providing ESOL
programs to students enrolled at the community college in that county or region, the
excess funds shall be paid back to the State and credited to the General Fund of the
State.

(ii) A board may not transfer State funds received under this
subsection to any other program or category.

(4) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2) OF THIS
SUBSECTION. FOR ANY FISCAL YEAR IN WHICH THE STATE APPROPRIATION IS
INSUFFICIENT TO FULLY FUND ALL GRANTS ELIGIBLE UNDER THIS SECTION, THE
GOVERNOR SHALL INCLUDE IN THE BUDGET BILL FOR THE FOLLOWING FISCAL
YEAR A DEFICIENCY APPROPRIATION TO FUND ALL UNFUNDED GRANTS.

16-508.

(a) (1) Beginning with Fiscal Year 1996, the Governor shall include in the
annual budget submission a General Fund appropriation for Baltimore City
Community College in the amount provided in subsection (b) of this section to provide
instruction and services to students enrolled in an English for Speakers of Other
Languages ("ESOL") program.

(2) To qualify for a grant under this section, each participant in the
program shall be a student:

(i) Born outside of the United States or whose native language is

not English;

(ii) Who comes from an environment where a language other than
English is dominant; or