15-756.11. Statewide compensatory instruction fund; reporting; definition

A. The statewide compensatory instruction fund is established. The department of education shall administer the fund.

B. To be eligible for monies appropriated pursuant to this section, a school district or charter school must demonstrate to the department of education that it has established a satisfactory compensatory instruction program. The department of education shall distribute monies from the fund to school districts and charter schools in an amount determined by the department for compensatory instruction costs.

C. School districts and charter schools shall annually submit written compensatory instruction budget requests to the department on or before July 15 for monies from the fund on a form developed by the department. The requests shall include an analysis of compensatory instruction effectiveness.

D. The written requests submitted by school districts and charter schools shall be signed by the superintendent of the school district and the chief financial officer of the school district or the principal of the charter school and the chief financial officer of the charter school, and monies from the statewide compensatory instruction fund shall not be used to supplant any federal, state or local monies, including desegregation monies levied pursuant to section 15-910, used for English language learners that were budgeted for English language learners as of February 23, 2006.

E. School districts and charter schools shall use monies from the fund to supplement existing programs. Monies shall not be used to supplant any federal, state or local monies, including desegregation monies levied pursuant to section 15-910, used for compensatory instruction that were budgeted for English language learners as of February 23, 2006.

F. Each school district and charter school shall establish a local level compensatory instruction fund to receive monies distributed from the statewide compensatory instruction fund. Monies in local level compensatory instruction funds shall be spent only for compensatory instruction. 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.

G. For the purposes of this section, " compensatory instruction" means programs in addition to normal classroom instruction that may include individual or small group instruction, extended day classes, summer school or intersession school and that are limited to improving the English proficiency of current English language learners and pupils who were English language learners and who have been reclassified as English proficient within the previous two years.