79-1007.08 Limited English proficiency allowance; calculation.
79-1007.08. LimitedEnglish proficiency allowance; calculation.(1)For school fiscal year 2008-09 and each school fiscal year thereafter, thedepartment shall determine the limited English proficiency allowance for eachschool district that meets the requirements of this section and has not beendisqualified pursuant to section 79-1007.09. Each school district shall designatea maximum limited English proficiency allowance on or before October 15 of the school fiscal year immediately precedingthe school fiscal year for which aid is being calculated. The school districtmay decline to participate in the limited English proficiency allowance byproviding the department with a maximum limited English proficiency allowanceof zero dollars on such form on or before October 15 ofthe school fiscal year immediately preceding the school fiscal year for whichaid is being calculated. Each school district designating a maximum limitedEnglish proficiency allowance greater than zero dollars shall submit a limitedEnglish proficiency plan pursuant to section 79-1014.(2) The limited English proficiency allowance for each schooldistrict that has not been disqualified pursuant to section 79-1007.09 shallequal the lesser of:(a) The amount designated pursuant to subsection (1) of thissection by the school district, if such school district designated a maximumamount, for the school fiscal year for which aid is being calculated; or(b) The statewide average general fund operating expendituresper formula student multiplied by 0.25 then multiplied by:(i) The number of students in the school district who arelimited English proficient as defined under 20 U.S.C. 7801, as such sectionexisted on January 1, 2006, if such number is greater than or equal to twelve;(ii) Twelve, if the number of students in the school districtwho are limited English proficient as defined under 20 U.S.C. 7801, as suchsection existed on January 1, 2006, is greater than or equal to one and lessthan twelve; or(iii) Zero, if the number of students in the school districtwho are limited English proficient as defined under 20 U.S.C. 7801, as suchsection existed on January 1, 2006, is less than one. SourceLaws 2006, LB 1024, § 81; Laws 2007, LB641, § 21; Laws 2008, LB988, § 30; Laws 2009, LB549, § 28.