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 Arizona English language learners task force
established by section 15-756.01 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.