1. What is the purpose of Title III as reauthorized by the Elementary and Secondary Education Act (ESEA)?

Transcription

1 Title III FAQs Frequently asked questions about administrative, programmatic, and accountability features of Title III limited English proficiency and immigrant student programs. The following frequently asked questions and responses are intended to assist local educational agencies (LEAs) in implementing the Elementary and Secondary Education Act Title III provisions. Applicable legal citations are included. 1. Introduction 2. Funding of Subgrants to Local Educational Agencies 3. Private Schools 4. Use of Funds 5. Parental Involvement 6. Immigrant Education Program 7. Accountability Requirements Introduction 1. What is the purpose of Title III as reauthorized by the Elementary and Secondary Education Act (ESEA)? Part A of Title III is officially known as the English Language Acquisition, Language Enhancement, and Academic Achievement Act. Section 3102 lists nine purposes of the law. The overarching purpose is to ensure that limited-english-proficient (LEP) students (called English learners under California laws), including immigrant children and youths, attain English proficiency and meet the same challenging academic content and achievement standards that other students are expected to meet. LEAs must use Title III funds to implement language instruction educational programs designed to help LEP students achieve standards. The state educational agency (SEA), LEAs, and schools are accountable for increasing the English proficiency and core academic content knowledge of LEP students. 2. What achievement standards apply to LEP students under Title III? SEAs, LEAs, and schools are required to hold LEP students to the same academic content and achievement standards established for all children. Additionally, LEP students must meet annual English language development objectives (Title I, Section 1111(b)(1), and Title III, Section 3122(a)(1)). 3. Under the former Improving America's Schools Act, our district was awarded a Title VII grant that was funded for three years. What happens to this funding? Title III, Section 3111(c)(2), clarifies that current recipients of Title VII, Part A, Bilingual Education competitive grants will be allowed to complete their funding cycles for the duration of their grant awards. The programs will continue to be funded and administered directly from the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for LEP students at the U.S. Department of Education.

2 4. How will the U.S. Department of Education determine the amount of the Title III grant to award to California? The U.S. Department of Education determines the grant award to the states by using a formula based on the number of LEP and immigrant students enrolled in the state. Beginning with fiscal year 2005, the U.S. Department of Education will use American Community Survey data to determine this count, pursuant to the Elementary and Secondary Education Act (ESEA) Section 3111(c). Ninety-five percent of the apportionment will be allocated as subgrants to eligible LEAs serving LEP and immigrant students (Title III, Section 3111(c)(3)). 5. Must an LEA reapply each year for Title III funds? Yes, eligible LEAs must indicate their acceptance of Title III funds and ensure compliance with Title III statute and regulations each year. LEAs must also submit the results of the annual Language Census (R30-LC) and the Student National Origin Report (SNOR) of all LEP and eligible immigrant students, develop an LEA plan, and meet evaluation and reporting requirements (Title III, sections 3114, 3115, 3116, 3121, and 3123). Back to Top Funding of Subgrants to Local Educational Agencies 1. Which LEAs are eligible for LEP and/or immigrant student subgrants? LEAs include school districts, county offices of education, and direct-funded charter schools that enrolled one or more LEP and/or immigrant students during the previous year (Title III, Section 3114(a)(d)). In the case of immigrant education funds, the LEA must also meet the enrollment criteria for eligible immigrant students. (See Section F for details.) 2. Are private schools eligible to receive Title III funds? No, since private schools are not LEAs, they are not eligible to receive Title III funds. However, LEP and immigrant students enrolled in private schools may receive Title III services provided by public schools in their geographical jurisdiction (Title IX, Section 9501). Please see Section C, Private Schools, and Section F, Immigrant Education Program, for additional details on private school participation. 3. What is the process for private schools to participate in Title III LEP programs? Title IX, Section 9501, requires LEAs to consult in a timely and meaningful manner with private schools and determine which private schools request participation. Services must be provided on an equitable basis. Additional details are provided in Section C, Private Schools, and Section F, Immigrant Education Program. 4. How does the California Department of Education allocate Title III funds to eligible LEAs? The Department provides subgrants to LEAs for LEP and eligible immigrant students on the basis of a formula. For the fiscal year, qualifying LEAs will receive an allocation for each LEP student and for each eligible immigrant student enrolled in the LEA. 5. Which types of subgrants will states make to eligible LEAs? Under Section 3114 of Title III, there are two types of subgrants that the state can give to LEAs:

3 Formula subgrants for LEP students: LEAs are eligible for subgrants on the basis of the number of LEP students enrolled in schools served by the LEA. The number of LEP students is annually submitted to the California Department of Education on the Language Census R-30 Report. Set-aside subgrants for immigrant students: LEAs that have experienced a significant increase (at least two percent) in the number of immigrant children enrolled in public and nonpublic schools in their jurisdiction are eligible for subgrants. The number of eligible immigrant students is annually submitted to the California Department of Education on the SNOR. For information on immigrant education subgrants, see Section F, Immigrant Education Program. See Title III to view the current and future estimated allocations for the LEP student and immigrant education subgrants. 6. If eligible, may an LEA receive a Title III subgrant for both LEP students and eligible immigrant students? Yes. Because most (but not all) immigrant students are also identified as LEP students, LEAs that are eligible for an immigrant education subgrant will also receive an LEP student subgrant under Title III. 7. How does an LEA apply for LEP student funds under Title III? To be eligible for a direct-funded LEP student subgrant, LEAs must be scheduled to receive a subgrant of $10,000 or more. LEAs that are scheduled for a subgrant of $10,000 or more will apply though the Consolidated Application, Part I. If an LEA is projected to receive an LEP student subgrant of less than $10,000, the LEA must enter into an agreement to form and/or join a consortium in which the total amount of the subgrants of members of the consortium collectively total $10,000 or more. In the case of a consortium of LEAs, only the lead LEA is the grantee. (Title III, Section 3114). 8. Is an LEA that receives an LEP student subgrant under Title III required to submit a narrative of how it proposes to use the funding? All recipients of the student subgrant must submit a proposed budget. As part of the cash management process, each LEA will be required to submit expenditure reports on all Title III expenditures for LEP and Immigrant student programs. 9. May a county office of education be the lead LEA and/or a member LEA when forming a consortium for Title III funding? If the county office enrolls LEP and/or immigrant students in a county-run school, then the county office may be a member or lead LEA in the consortium. If the county office does not enroll LEP and/or immigrant students, it cannot be considered a member or a lead in the consortium. See below for possible functions of a county office. (Title III, sections 3114 and 3141). 10. In what ways may county offices of education provide support to a consortium of LEAs? In addition to the conditions described above, county offices may be subcontracted by Title III-

4 funded LEAs to provide required and/or authorized services to Title III direct-funded LEAs and consortia. County offices of education may provide fee-based services to support Title IIIfunded LEAs and no-cost services in their role as a technical support agency. 11. Is there a cap on the amount of Title III funds that can be used for the administration of the LEP student program? Yes, An LEA may use no more than 2 percent of an LEP student subgrant for administrative costs and indirect costs (Title III, Section 3115[b]). Program administrative costs include such items as salaries of project personnel, clerical support, and other costs directly incurred in the administration of the program. The U.S. Department of Education's 1997 guidance, Indirect Cost Determinations, Guidance for State and Local Government Agencies (referred to as the Blue Book) states that any "statutory or regulatory limitation applies to the combined claims for indirect costs and direct administration costs." 12. May LEAs that receive Title III LEP student funds assess the approved indirect cost rate? No. Based on recent guidance from OELA, LEAs may not assess the indirect cost rate on funds used to administer the LEP grant. Title III statute specifies a two percent cap on administrative and indirect costs. 13. Is carryover of Title III LEP student funds allowed? Yes. Reasonable carryover of Title III LEP student funds is allowed for an additional 12-month period beyond the original grant period. For example, for funds granted for the , school year (July 1, 2007, to June 30, 2008), carryover is allowed until September 30, Please see Section C, Private Schools, for additional details on carryover funds. 14. What fiscal procedures should be taken when a direct-funded LEA or consortium-partner LEA discontinues participation in Title III? When an LEA submits a Title III application, it agrees to participate in the program for the duration of a particular school year. If, at the end of the school year (June 30th) in question, there are unexpended funds, then carryover of the funds is allowed for another 12-month period. These funds are earmarked for supplementary programs and services to LEP and/or eligible immigrant students in the LEA that originally generated the funds even if the LEA is no longer participating in the Title III program in the current school year. If, at the end of the 12- month carryover period, an unexpended balance remains, these funds must be returned to the California Department of Education. No additional carryover authority may be granted. 15. What are the Standard Account Codes Structure (SACS) Resource numbers for the Title III LEP student and Immigrant Education programs? The SACS Resource number for the LEP student program is The SACS Resource number for the Immigrant Education program is The SACS Revenue number for both programs is This information is available at Standardized Account Code Structure. 16. What are the responsibilities of the Consortium lead and members? The consortium lead LEA will be responsible for acting as the fiscal and programmatic agent for the consortium, and will file the required expenditure reports and maintain fiscal records. The lead provides the member LEAs with programs, services, and products. In the event that the consortium fails to meet the Annual Measurable Achievement Objectives (AMAOs) for one

5 year, the lead LEA will be responsible for ensuring that parents of LEP students in each member LEA are notified if AMAOs are not met. The consortium lead may delegate responsibility to each of the consortium members. In the event that the consortium fails to meet AMAOs for two consecutive years, the consortium will meet to develop a Title III Improvement Plan Addendum. The Lead LEA will be responsible for completing and submitting the Biennial Evaluation and any other evaluation necessary to the CDE. Member LEAs are required to collectively plan and agree to a common memorandum of understanding (MOU) for the consortium. This MOU outlines the program, services, and products to be provided by the lead LEA. In the case of failing the accountability targets, the MOU identifies the responsibilities of the lead and member LEAs in notifying parents and preparing the LEA Improvement Plan. Beginning in , as a condition of funding, each consortia (lead and members) shall remain as an entity/subgrantee for four consecutive years. 17. May Title III funds be used to remedy the academic deficits of reclassified fluent-english proficient (RFEP) students, or, is the use of Title III funds limited to LEP students who have not been reclassified? The use of Title III funds is limited to providing English learners (also known as LEP) with appropriate language programs and services, so they can attain English proficiency based on the California English Language Development Test (CELDT) and meet academic standards. When a student is RFEP, that student is no longer LEP and is no longer eligible to receive Title III programs or services. Title I funds can be used to help remedy the academic deficits of RFEP students and ensure that these students reach the proficient level on academic tests. For more information, visit the CDE Web site at the Title III, LEP Consortia Details Web page. Back to Top Private Schools 1. Are English learner (EL) students in private schools eligible to receive Title III programs, services, and products? Yes, when EL students are identified in an appropriate manner, when the local educational agency (LEA) and private school(s) within its jurisdiction have conducted meaningful and timely consultation, and when the LEA and private school have developed a memorandum of understanding (MOU), EL students in a private school may participate in programs and receive services and products funded by Title III (Title IX, Part E, Section 9501). Please see the sample LEP MOU (DOC). Private schools may not receive funds directly. 2. How can "meaningful consultation" be ensured and what topics need to be addressed by the LEA with the nonprofit private school in the design and development of Title III programs, services, and/or products to be provided? To ensure timely and meaningful consultation, the LEA must consult with appropriate private school officials during the design and development of the Title III program on issues such as:

6 how the EL student needs to be identified what services will be offered how, when, and by whom the services will be provided how the services will be assessed and how the results of the assessment will be used to improve those services what the size and scope of the services to be provided to the private school children and educational personnel will be what the amount of funds available for those services will be how and when the LEA will make decisions about the delivery of services, including a thorough consideration of the views of the private school officials on the provision of contract services through potential third-party providers An MOU between the LEA and private school should be developed as a result of initial consultation and address these items. Subsequent meetings should be scheduled between the LEA and private school to assess services and determine areas and plans for improvement. 3. What resources are available to assist LEAs and private school officials with learning more about Elementary and Secondary Education Act (ESEA), Part A programs, particularly the consultation process and the provision of equitable services? LEAs and private school officials will find a number of useful resources and guidance in Title IX, Part E, Uniform Provisions, Subpart 1, Non-Regulatory Guidance. Section J - Resources includes: links to statutory, regulatory, and guidance documents on the U.S. Department of Education Web site; sample consultation checklists; needs assessment forms; consultation timelines; and, a list of state department of education and local public school district Web sites that host ESEA program pages specific to private schools. 4. What process should be used to identify eligible EL students in private schools? The California Department of Education (CDE) recommends that private schools make an agreement with the LEA to use procedures similar to those used by public schools to identify private school students eligible for Title III services. The LEA is responsible for the oversight and costs of initial identification. The process is as follows: The private school should identify those pupils being considered for participation in the Title III program and administer a Home Language Survey (HLS) that is to be completed by the parent or guardian of selected private school students. Private schools should use the same version of the HLS used by the LEA. If a language other than English is indicated on the HLS, the LEA is required to administer an initial, approved language assessment (the California English Language Development Test is restricted and not allowed for this purpose) to those students. The LEA is responsible for costs and oversight of these assessments, which must have technical data demonstrating their validity and reliability to measure listening, speaking, reading, and writing skills in English for non-native speakers. A list of tests that may be used for assessing the English language proficiency of ELs in private schools may be found on the CDE Web page, List of Tests for English Learners. Private schools may wish to further assess identified EL students in their primary language to diagnose needs and determine the best strategies to assist students in furthering their English language proficiency.

7 Once identified as EL, a private school may request that a student continue to receive Title III services in subsequent school years until the student attains English proficiency. 5. Are immigrant students in private school students eligible to receive Title III Immigrant programs, services and products? Yes, when meaningful and timely consultation has occurred, and when an MOU has been developed between the LEA and the eligible private school, immigrant students in the private school may receive Title III immigrant programs and services. Private schools may not receive Title III funds directly. For more information and a sample MOU, please visit the Title III Immigrant, Private Schools Web page. 6. What information should be included in the MOU? The MOU should indicate the name of the LEA and private school involved. It should contain the number of EL students identified in the private school; how the students needs will be identified; what services will be provided; when, where, and by whom the services will be provided; how the services will be assessed and how that information will be used to improve the programs; the size and scope of the equitable services; and, other provisions including timelines for transacting provisions and potential third party contractor information. 7. How much of an LEA's Title III funds for EL students may be used to support programs, services, and products for ELs in private schools? The Elementary and Secondary Education Act specifies that assistance to EL students in private schools should be equitable to that of EL students in public schools. The recommended method to determine equity is to use the per pupil allocation of Title III LEP student funds as the basis for the cost of Title III products and services to be provided to the private school. The private school should receive an equivalent amount of products and services for each of the EL students served as the public school receives for each of its EL students according to the per pupil allocation. 8. Do LEAs receive Title III funds for EL students served in private schools? Yes. The CDE collects data on the number of EL students enrolled and reported in private schools that receive Title III programs and services. The CDE aggregates these data and adds this number to the number of EL students enrolled in public schools to determine funding amounts. 9. Do Title III accountability measures apply to EL students in private schools? No, private schools are not responsible for meeting the Title III accountability requirements. Private schools will not be included in the public school calculation to determine if the LEA has met its Annual Measurable Achievement Objectives. 10. How are LEAs held accountable for meaningful and timely consultation with private schools that request to participate in Title III programs and services?

8 As a part of the Categorical Program Monitoring (CPM) process, LEAs must provide evidence that they have met the legal requirements of ESEA, Part E, Subpart 1, Section 9501 (c) [1-4]. Evidence must demonstrate that personnel representing the LEA have engaged in timely and meaningful consultation with private school officials in their geographic area and have offered to assist the schools with the identification of ELs and the provision of services to eligible students, teachers, and families of ELs. 11. Must private school El students be assessed annually? Yes. English proficiency of private school EL students must be assessed annually to determine their continued eligibility for Title III services. LEAs may use the same instrument that the LEA used for the initial assessment of private school students. 12. May a public school district request that potential Title III participants enrolled in private schools come to the district's assessment or newcomer center for the administration of the English language proficiency test? Yes, a school district may request that private school students who are being considered for Title III services come to the district's centralized assessment location. In cases where the administration of the English proficiency assessment at the district's center would cause a hardship on the part of the private school students, the school district should make other reasonable arrangements for the assessment of such students. 13. Must a Title III program design be the same for both public and private schools? No. If the needs of the private school are different from those of the public school, the LEA, in consultation with private school officials, must develop a separate program design that is appropriate for the private school students. Consultation and coordination between LEA and private school officials are essential to ensure a high-quality program that meets the needs of the students being served and assists those students in attaining English proficiency and meeting the same challenging standards as all students. 14. Does the Title III requirement on language qualifications of teachers also apply to teachers providing services to private school students? Yes. All teachers providing Title III instructional services must be fluent in English and any other language used for instruction, including having written and oral communications skills. (Title III, Section 3116 (c)). 15. Who maintains control of Title III materials and equipment? The LEA maintains control of the federal funds used to provide services to private schools. It also maintains title to materials, equipment, and property purchased with those funds. LEAs may allow the private schools to keep the items from year to year, in accordance with approved activities specified in the MOU. Back to Top Use of Funds

9 1. May an LEA carry over Title III funds from one school year to another? LEAs may carry over Title III funds for one year beyond the original year of funding. For example, in the case of a subgrant allocated for the school year (July 1, 2006, to June 30, 2007), the LEA may carry over funds from this particular allocation until September 30, Any funds not encumbered or expended by June 30, 2008, must be returned through the California Department of Education to the U.S. Department of Education (Tydings Amendment of General Education Provisions Act, Section of Education Department General Administrative Regulations). 2. Must Title III LEP student funds follow the LEP students? Not necessarily. Although the amount of funds allocated to an LEA is based on a formula subgrant with a specified amount for each LEP student identified and enrolled, the funds do not have to follow the students in a proportional manner. The LEA has the flexibility to determine where and how the funds will be used for allowable activities on the basis of the needs of its LEP student population (Title III, Section 3115). 3. How may the Title III LEP student funds be used? LEP student funds must be used to increase the English proficiency of LEP students by providing high-quality language instruction educational programs. These programs must be based on scientific research that demonstrates the effectiveness of the programs in increasing English proficiency and student academic achievement in the core academic subjects. These programs must also provide high-quality professional development to teachers, principals, administrators, and other school or community-based organizational personnel (Title III, Section 3115). In addition to these required activities, there are eight additional authorized activities. A full list of required and authorized expenditures may be found in Section 3115(c), (d) of Title III. These services may be provided directly by the LEA, another LEA, institutions of higher education, community-based organizations, or private sector entities in any combination. 4. How may funds be used to provide professional development? Title III, Section 3115 (c)(2), specifies allowable professional development activities and states specifically that these activities must be of sufficient intensity and duration to have a positive and lasting impact on the teacher's performance in the classroom. Programs must be designed to improve the instruction and assessment of LEP students; designed to enhance the ability of teachers to understand and use curricula, assessment measures, and instructional strategies; and based on scientific research in increasing students' English proficiency. The law also specifies that professional development shall not include activities, such as one-day or shortterm workshops and conferences, unless they are a part of a comprehensive professional development plan that is based on an assessment of the needs of the teacher, the supervisor, and the students. 5. Title III uses the terms "supplement" and "supplant." What do they mean? Title III, Section 3115(g), requires that funds available under a subgrant be used "to supplement the level of federal, state, and local public funds that, in the absence of such availability, would have been expended for programs for LEP students and immigrant students and in no case to supplant such Federal, State, and local public funds." For example, if a particular activity last year was paid with nonfederal funds, the same activity this year cannot be paid with federal funds. State-mandated activities must be paid with state funds first. In this section, "supplement" means "an addition;" "supplant" means "to take the place of."

10 6. Can Title III funds be used for alternative bilingual education programs? Yes. In Title III, Section 3301, a language instruction educational program is defined as a program of instruction: "... that may make instructional use of both English and the native language to enable the child to develop and attain English proficiency, and may include the participation of English proficient children if such course is designed to enable all participating children to become proficient in English and a second language." Schools offering bilingual education programs must, of course, adhere to state law regarding the placement of students in these programs. 7. How can Title III funds be used to provide special education services for LEP students? Special education services, as identified in a student's Individualized Education Plan (IEP), must be provided with eligible non-title III funds. However, supplementary English learner services may be provided to LEP students who are also identified as special education students (Title III, Section 3115 (g)). 8. Materials on the state-adopted list, "Reading/Language Arts/English Language Development Reading Intervention Programs for Students in Grades 4-8," may be used as the language arts program for LEP students. May Title III funds be used to purchase these materials? After core curriculum materials as defined by the LEA are provided with eligible non-title III funds, Title III funds may be used to provide additional supplementary materials (Title III, Section 3115 (d) (g)). Back to Top Parental Involvement 1. What are the requirements regarding the role of parents of LEP students? Each LEA using funds provided under Title III to provide a language instruction educational program must implement an effective means of outreach to parents of LEP children. LEAs must inform such parents about how they can be active participants in assisting their children to learn English, achieve at high levels in core academic subjects, and meet the same challenging state academic content and student achievement standards that all children are expected to meet (Title III, Section 3302 (1)). 2. Which parents should receive the notifications required under Title III? Title III requires that the parents of students identified for, or participating in, a Title III program be notified of such participation. Therefore, the parents of all LEP students in any LEA using Title III funds shall receive the required parental notifications. The same requirements regarding parents of LEP students are found in both Title I, Section 1118, and Title III, Section Additionally, many of the federal parental notification requirements overlap with state requirements. If a student is enrolled in a district that does not receive any federal Title I or Title III funds, then only state requirements for notification of parents apply. 3. Is parental notification required for LEP students receiving services under Title I? If the student is receiving only state services, does the federal requirement for notification of

11 parents apply? Notification requirements for parents of LEP students are the same for Title I (Section 1118) and Title III (Section 3301). In many cases the federal and state requirements are the same. If a student is enrolled in a district that does not receive Title I or Title III funds, then only the state notification requirements apply. 4. What is the timeline for LEAs to provide parents with the notifications? Title III, Section 3302, has two timelines for providing parental notifications: one for the student who is new to the LEA and one for a continuing student. For LEP students who have been enrolled in the LEA since the previous school year, parental notifications must be provided no later than 30 calendar days after the beginning of the school year. LEAs should use the most current information available regarding each student in these notifications (Title III, Section (a)). For new enrollees, LEAs must provide the parental notifications within two weeks of a child being placed in a program. This timeline does not conflict with the state requirement of testing students for English proficiency within 30 calendar days of enrollment and placement in an appropriate program (Education Code sections 306(a), 313, , 62002; formerly Education Code Section (b)(c); California Code of Regulations, Title 5, Education sections 4304, 11511; Code of Federal Regulations, Title 34, Education, parts 300, (a)(c)). The Title III notification is triggered after all the assessments have occurred and a student is officially placed in a program. Note: An LEA may issue one parental notification that meets both state and federal requirements for all new LEP enrollees. Sample letters are available at Title III. 5. What kind of information must an LEA provide to parents regarding their child's participation in a language instruction program? Title III, Section 3302(a), requires that LEAs receiving Title III funds inform parents of the following items: The reasons for identifying their child as being limited-english proficient (LEP) and for placing their child in a language instruction educational program for LEP students The child's level of English proficiency as measured by the California English Language Development Test (CELDT) The method of instruction that will be used in the program, including a description of alternative programs How the program will meet the educational strengths and needs of the child How the program will help the child learn English and meet academic achievement standards for grade promotion and graduation The program exit requirement, including the expected rate of transition from the program to an English-language mainstream classroom and the expected rate of graduation from secondary school

12 How the program will meet the objectives of an individualized education program for a child with a disability The parents' rights in writing, including (A) the right to have their child immediately removed from a language instruction educational program on their request; and (B) the options that parents have in declining enrollment of their child in such a program or in choosing another program or method of instruction, if available; and (C) written guidance assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered. 6. After the initial Title III notification, how often must parents be provided with notifications? Parental choice and involvement are woven throughout the entire No Child Left Behind Act. The intent of Title III, Section 3302, is for parents to be informed of the educational programs offered so that they can make informed decisions regarding their children's placement. To have the most current information and choices available, parents must receive annual notifications. If LEAs provide separate notifications to parents regarding the various components required in Title III, records about how and when such notifications were issued should be maintained. For example, test results may be mailed to parents under separate cover, the parents' selection of program options may be conducted in another format, and so forth. 7. Are any other separate notifications required? In addition to providing the parental notification of educational programs, LEAs are required to provide notice to the parents of LEP students who participate in a language instruction educational program funded under Title III of any failure of the program to make progress toward the annual measurable achievement objectives described in Section 3122 of Title III. This notice is to be provided no later than 30 days after the Title III Accountability Reports are released. 8. Are any parent committees required under Title III? No parent committees are specifically required by Title III, but they are required under other state and federal statutes. For example, both the English Learner Advisory Committee and the District English Learner Advisory Committee are required by state law ( Education Code Section ; formerly Education Code sections 52168, 52176; California Code of Regulations, Title 5, Section 4312). 9. What format and language are required to be used in the notices to parents? According to Education Code Section 48985, when 15 percent or more of the pupils enrolled in the school speak a single primary language other than English, all notices, reports, statements, or records sent by the school or district to the parent/guardian of any such pupil must, in addition to being written in English, be written in such primary language and may be responded to by the parent or guardian in English or in the primary language. In addition, federal law requires that schools and districts effectively communicate with all parents and guardians, regardless of the percentage of students that speak a language other than English (Title III, Section 3122 (c)). Back to Top Immigrant Education

13 1. How are immigrant students included in the reauthorization? In addition to the formula subgrants that LEAs may receive for LEP students under Title III, the California Department of Education is also authorized to award subgrants to LEAs that experience a significant growth in the enrollment of eligible immigrant students (Title III, Section 3114 (d) (1)). 2. Which local educational agencies are eligible for a Title III immigrant education subgrant? Any school district, county office of education, or direct-funded charter school that enrolls one or more eligible immigrant students may participate in the Title III immigrant education program if the LEA meets the criteria for enrollment of eligible immigrant students (Title III, Section 3114 (d)). 3. What is the definition of "eligible immigrant student" in Title III? The term "eligible immigrant student" is defined in Title III, Section 3301(6) as an individual student who (a) is aged three through twenty-one; (b) is enrolled in any public or private elementary or secondary school in kindergarten through grade twelve; (c) was not born in the United States (or any U.S. Territory); and (d) has not been attending any one or more schools in the United States for more than three full school years (Title III, Section 3114 (d)). 4. How does the California Department of Education know how many eligible immigrant students are enrolled in an LEA? Annually, each LEA and private school in the state is asked to submit the Student National Origin Report (SNOR). The report provides a vehicle for each LEA and private school to identify the number of eligible immigrant students enrolled and report the data to the Department. 5. When do LEAs take the annual count of eligible immigrant students for the SNOR? LEAs may take counts of eligible immigrant students October 3, 2007, and/or February 29, Regardless of the month that the count is taken, LEAs should submit the report to the California Department of Education between March 1 and April 1 of each year. If counts are taken in both October and March, LEAs should report only the results from the month with the largest count when submitting the report in April. Beginning in , the SNOR will be submitted electronically during March LEAs will receive information regarding this new process during January How does the California Department of Education determine the eligibility of LEAs to receive an immigrant education subgrant? The Department examines immigrant enrollment data reported annually through the SNOR to determine whether the LEA (any school district, county office of education, or direct-funded charter school) has experienced a significant increase in eligible immigrant student enrollment in the current year compared with the average of the two preceding fiscal years. If the percentage of growth is two percent or greater, the LEA is eligible to participate in the Title III immigrant education program. 7. What is the process for private schools to participate in immigrant education? Private schools must submit the SNOR annually to the California Department of Education.

14 Once eligibility for a Title III immigrant education subgrant has been determined for a specific LEA in a specific school year, all the LEAs and all the private schools located within the geographic jurisdiction of each eligible LEA will be notified. Nonpublic schools must then file a "Request to Participate" form with the California Department of Education (Title III, Section 3114 (d)(1)). Once the "Request to Participate" forms have been approved, the Department will direct LEAs to contact local private schools and develop a memorandum of understanding for the provision of services and products to eligible immigrant students enrolled in the participating private schools. On the basis of the SNOR, the LEA will receive funds from the Department for each eligible immigrant student enrolled in the LEA and in the local private schools (Title III, Section 3114(d)). 8. How does an LEA apply for immigrant education program funds under Title III? LEAs scheduled to receive a subgrant of $5,000 or more may apply directly to the California Department of Education for their immigrant education program subgrant and may operate their program independently. LEAs scheduled to receive a subgrant of less than $5,000 must apply for and operate their immigrant education program in collaboration with one or more consortium partners. The subgrant amounts collectively generated by the consortium partners must equal $5,000 or more (Title III, sections 3114 [b] and 3247[b]). 9. How does an LEA obtain an immigrant education program application form? The Language Policy and Leadership Office will mail application forms to all eligible LEAs during February What is the duration of the immigrant education subgrant? LEAs and local private schools will be funded for a rolling three-year period. For each year that the LEA is eligible (e.g., has an increase in enrollment of eligible immigrant students of five percent or more), the LEA will receive a grant for the subsequent three-year period. For example, if an LEA established eligibility with the 2006 submission of the SNOR, immigrant education funds were approved for , , and Each year, the level of funding will be recalculated according to the number of eligible immigrant students reported by the LEA for the previous year. For instance, in the per pupil Title III allocation is $ An LEA with a 2006 count of 200 eligible immigrant students according to the report will be scheduled to receive a subgrant of $19,000 in How may Title III funds for immigrant education programs be used? The purpose of the immigrant education program is to provide enhanced opportunities for immigrant children and youths; these opportunities may include but are not limited to: Family literacy and parent outreach Additional personnel, including teacher aides Provision of tutorials, mentoring, and counseling Identification and acquisition of materials, software, and technologies Basic instructional services needed by immigrant students Other educational services needed by immigrant students Administrative costs of the program Programs and services funded under this part are to supplement and not supplant programs and services provided by local and state funds. A full list and description of authorized expenditures under immigrant education may be found in Section 3114(d) of Title III. Services

15 may be provided directly by the LEA, another LEA, and institutions of higher education, community-based organizations, or private-sector entities in any combination. LEAs that receive Title III immigrant education funds, in nearly all cases, will also receive a Title III subgrant for LEP students. In most cases, LEAs should use the immigrant education funds for programs and services that are not already provided for eligible immigrant students through local, state, or Title III LEP student funds. 12. May LEAs assess costs for administration on NCLB, Title III immigrant education funds? Yes. The LEA is authorized to assess costs for administration. The reasonable cost recommended is 2 percent. In addition, the LEA is authorized to assess its approved indirect cost rate for on the remaining portion of the grant after the administration costs have been assessed. A list of approved indirect cost rates is available at Indirect Cost Rates for Local Educational Agencies. 13. Is the carryover of funds allowed in NCLB, Title III immigrant education? LEAs are authorized to carryover funds for a period of 12 months beyond the original subgrant period. For example, a reasonable amount of funds granted for the school year (July 1, 2006, to June 30, 2007) may be transferred to the school year budget as long as the funds are encumbered or expended on or before June 30, Is an LEA that receives an immigrant education grant under Title III required to submit a narrative of how it proposes to use the funding? As specified in Title III, Section 3114, in the initial year of receipt of an immigrant education subgrant under Title III, an LEA must submit, as a part of its LEA plan, a specific description of the proposed programs and activities to be implemented and administered under the immigrant education subgrant. Subsequently, if the LEA makes changes in its immigrant education program, the LEA must submit a revised description of its program through an amendment to the LEA plan. At the conclusion of each school year, each LEA may be required to submit a final annual fiscal report of all Title III immigrant education expenditures. Additional information on this and related fiscal issues will be provided to LEAs later. Back to Top Accountability Requirements 1. What are the Title III accountability provisions? Title III requires that states hold Title III subgrantees accountable for meeting three annual measurable achievement objectives (AMAOs) for English learners. The first AMAO relates to making annual progress on the CELDT, the second relates to attaining English proficiency on the CELDT, and the third AMAO relates to meeting Adequate Yearly Progress (AYP) by the English Learner subgroup at the LEA level. 2. When will LEAs be held accountable for reaching these targets?

16 Subgrantees receiving Title III funds were held accountable for meeting the AMAOs beginning with the school year. 3. When will LEAs receive information on whether they have met the growth targets? Title III subgrantees, including districts, county offices of education, direct-funded charter schools, and consortia will receive preliminary Title III information each spring providing information on their performance on the two English language proficiency AMAOs. The Title III Accountability Report including information on all three AMAOs will be released each fall after the AYP data is released. 4. How does the CDE determine if a consortium has met the Title III AMAOs? Beginning in , the data for the consortium lead and the consortium members are aggregated up to the consortium level to determine if the AMAOs have been met for a consortium as a whole. 5. How long must consortia remain together? Beginning in , as a condition of funding, each consortia (lead and members) shall remain as an entity/subgrantee for four consecutive years. 6. Do these accountability provisions apply to charter schools that are receiving Title III funds? Charter schools that are direct funded and that receive Title III funds as a separate LEA will be held accountable for meeting the AMAOs and will receive Title III Accountability Reports each fall. Charter schools that receive funds through an LEA will be held accountable as a part of the LEA. Charter schools that are funded as part of a consortium will be accountable as part of the consortium for meeting the AMAOs. 7. Do these provisions apply to immigrant students and the LEAs with Title III immigrant subgrants? These Title III accountability provisions apply only to the Title III LEP subgrants. Immigrant students who are limited English proficient would be included in these accountability objectives. 8. Are private schools held accountable for meeting the AMAOs? No, private schools do not receive Title III funds (although they may receive Title III services) and are not subject to these accountability provisions. 9. What are the consequences if an LEA does not meet the growth targets? If a Title III subgrantee fails to meet the growth targets for two consecutive years, the LEA or consortium lead shall develop an improvement plan that will ensure that the AMAOs are met. The improvement plan shall specifically address the factors that prevented the LEA or consortium from achieving the AMAOs. The plan may apply to targeted schools or districts rather than the entire LEA or consortium if the particular factors that prevented the Title III subgrantee from meeting the AMAOs warrant such an approach. If the LEA or consortium fails to meet the AMAOs for four consecutive years, the state shall require the LEA or consortium to modify its curriculum, program, and method of instruction or determine whether the subgrantee will continue to receive Title III funds (Section 3122 (b)).

17 10. How do the Title III accountability provisions affect LEA planning? The Title III AMAOs should become a component in the local evaluation of the effectiveness of services to English learners. LEAs may also use the English Learner Subgroup Self Assessment (ELSSA) tool to help identify areas of strength or weakness in their program for English learners. 11. Who do I contact for more information on the AMAOs and the Title III Accountability Reports? Contact the Language Policy and Leadership Office at (916) for more information on the AMAOs, the Title III Accountability Reports, or additional information about Title III accountability requirements. The Title III Accountability Report Information Guide provides information on the AMAOs and the Title III Accountability Reports. Questions: Language Policy and Leadership Office