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FILED <br /> LEE COUNTY NC <br /> PAMELA G. BRITT <br /> REGISTER OF DEEDS <br /> FILED Apr 15, 2024 <br /> AT 12:34:29 pm <br /> BOOK 00004 <br /> START PAGE 0014 <br /> END PAGE 0014 <br /> INSTRUMENT # 02274 <br /> EXCISE TAX (None) <br /> RESOLUTION BY THE LEE COUNTY BOARD OF COMMISSIONERS SUPPORTING <br /> THE LIMITED ENGLISH PROFICIENCY (LEP) ALLOTMENT FUNDING CAP ELIMINATION <br /> WHEREAS,the North Carolina Supreme Court's landmark ruling in Leandro v.State sets out the <br /> constitutional obligations for educating all students.This ruling establishes that all children residing in the <br /> state have a fundamental right to the"opportunity to receive a sound basic education"and that the <br /> responsibility for guaranteeing that right lies with the State of North Carolina rather than the local school <br /> districts; and <br /> WHEREAS, Federal Statutes Title VI of the Civil Rights Act of 1964,the 1965 Elementary and Secondary <br /> Education Act,and the Bilingual Education Act of 1968 create obligations for state and local entities to <br /> ensure English learners receive adequate resources and services to overcome language-based barriers to a <br /> sound education;and <br /> WHEREAS, Lee County Schools receives funding based on a three-year average of 1,443 students formally <br /> identified under federal guidelines as English Learners (EL), representing 15.9%of our total student <br /> population; and <br /> WHEREAS,the Limited English Proficiency(LEP) allotment,which was devised and capped without being <br /> adjusted to reflect population growth,is inadequate and inequitable; and <br /> WHEREAS,the Limited English Proficiency(LEP) allotment is currently capped at 10.6% of the ADM rather <br /> than actual ADM, resulting in Lee County Schools receiving inadequate funding estimated over$800,000; <br /> and' <br /> NOW,THEREFORE,BE IT RESOLVED,that the Lee County Board of Commissioners supports an <br /> amendment to eliminate the funding cap of 10.6%of ADM and allow funding to be calculated using the <br /> actual percentage of English Learners (EL) in each district. <br /> NOW BE IT FURTHER RESOLVED that: <br /> 1. The Chairman and County Manager are authorized to disseminate this Resolution to members of <br /> the North Carolina Legislature. <br /> 2. The Board encourages the community to contact their North Carolina Legislators to advocate for <br /> eliminating the Limited English Proficiency(LEP) allotment funding cap of 10.6% of ADM and allow <br /> funding to be calculated using the actual percentage of English Learners (EL) in each district. <br /> Adopted this 18`h day of March. 2024. Go <br /> M I f, i c D. Smith, air <br /> e County Board of Commissioners <br /> Oaileyy <br /> ES <br /> Hall, Cl t <br /> k to the Board B <br /> CAS <br />