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Determination of Funding to Support Programs to Overcome the Linguistic Difficulties of English Learners.   

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(a) School districts are required to provide services to English learners in all schools in accordance with Education Code Sections 300 et seq. and 62002. In order to meet this requirement, districts shall allocate adequate resources from local, state, and other funds. To assist in providing adequate resources, a portion of EIA funds may be used to provide services to schools which otherwise may not be eligible for SCE funds.

(b) School districts may determine the amount and level of resources to meet the excess cost requirements of Education Code Section 62002, and may use EIA funds for all or part of meeting those requirements. There are a variety of allocation patterns and levels which may be appropriate in local districts.

(c) Those determinations may be made in accordance with a standard to be established as outlined in subsection (d) below. The standard for the district will be described in the district's intradistrict allocation plan required by Education Code Sections 54004.3, 54004.5, and 54004.7.

(d) School districts may use a standard established by:

(1) Determining the number eligible educationally disadvantaged students in all schools eligible to receive state compensatory education funds.

(2) Determining the number of English learners who are not counted in subsection (1).

(3) Dividing the sum of subsection (1) and (2) into the total EIA allocation (after subtracting total district EIA indirect costs and EIA security, limited to not more than 10 percent of the total EIA grant).

(4) The resultant per pupil expenditure levels (as established in subsection (3)) will establish the appropriate minimum average per pupil level of funding to provide services to pupils of limited English proficiency in all schools in the district with such students in attendance.

(e) If a school district decides to provide EIA funding for services to English learners at a per pupil level either below or above the standard, the district must apply to the State Department of Education for approval of that per pupil level. In their intradistrict allocation plan, those districts must demonstrate that their per pupil level will fairly provide the necessary resources to meet the needs of all English learners. These districts shall have an affirmative responsibility to demonstrate that their intradistrict allocation system and allocations from other sources will meet the requirements of Education Code Section 62002.

(f) It is the intent of this article to encourage school districts to make an equitable distribution of EIA funds and ESEA, Title I, funds among all students receiving services; therefore, the allocation of EIA funds under this article will precede the allocation of SCE funds under Chapter 6 or Chapter 7 and precede the allocation of ESEA, Title I, funds. In addition, districts will not allocate SCE or ESEA, Title I, funds for English learners who are receiving, from this article, services of the same nature and scope as would otherwise be provided by SCE or ESEA, Title I, funds so that the total per pupil funding level exceeds the maximum established pursuant to Section 4416. It is assumed that the funds allocated under this article provide at least a portion of the services that would have been provided by SCE or ESEA, Title I.

Authority cited:

Education Code 33031

Education Code 54005

Education Code 62000.2


Education Code 54004.3

Education Code 54004.5

Education Code 54004.7

Education Code 62001

Education Code 62002

(Amended by Register 99, No. 26.)