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12 A community college with a limited English 13 proficient student instruction program may submit an 14 application to the department of education, on a form 15 developed by the department, for assistance pursuant 16 to this paragraph by November 1 of the school year in 17 which the community college seeks assistance. In 18 distributing funds, the department shall consider the 19 size, diversity, and enrollment trends of the school 20 district, the relative economic wealth and property 21 tax base of the community college district in 22 comparison to other applying community college 23 districts, and the efforts the community college has 24 undertaken to develop and monitor limited English 25 proficient student assimilation into the community 26 college population. Preference shall be given to 27 community colleges that have a limited English 28 proficient student enrollment within the upper twenty- 29 five percent of all limited English proficient student 30 instruction program enrollments in the state's 31 community colleges, as determined by the department of 32 education. 33 Assistance payments shall be made to community 34 colleges in accordance with this paragraph beginning 35 with a December 15 payment. Funds shall be expended 36 solely for purposes related to limited English 37 proficient student program instruction. 38 Notwithstanding section 8.33, the moneys appropriated 39 in this paragraph that remain unencumbered and 40 unobligated at the close of the fiscal year shall not 41 revert to the general fund but shall remain available 42 for expenditure for the purposes designated during the 43 succeeding fiscal year." 44 3. Page 29, by inserting after line 12 the 45 following: 46 "Sec. ___. Section 280.4, Code 1997, is amended by 47 adding the following new subsection: 48 NEW SUBSECTION. 4. a. There is appropriated 49 annually from the general fund of the state to the 50 school budget review committee the sum of one million Page 2 1 dollars, or so much thereof as is necessary, to be 2 awarded by the committee to school districts with 3 limited English proficient student instruction program 4 costs which, in the judgment of the committee, are 5 high relative to instruction program costs for other 6 limited English proficient student instruction 7 programs in the state. Amounts awarded shall be in 8 addition to any supplemental aid or modified allowable 9 growth provided to a school district pursuant to 10 subsection 3. 11 b. A school district with a limited English
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