Title III Fiscal and Program Guidance

1. Accountability Institute for English Learners and Immigrant Students December 6-8, 2009 Burlingame, California Michele Anberg-Espinosa manbergespinosa@cde.ca.gov Monte Blair mblair@cde.ca.gov Title III Fiscal and Program Guidance

2. Purpose To provide guidance to Title III directors and fiscal personnel who manage Title III funding

3. Objectives of the Session To provide an overview of Title III Program and Funding • Eligibility Determination • Application Process • The Funding Cycle • End of Year Expenditure Reporting • The Cash Management Schedule • Supplement not Supplant • Q and A

4. An Overview of Title III Part A: English Language Acquisition, Language Enhancement, and Academic Achievement AKA: Language Instruction for Limited English Proficient (LEP, referred to as English learners [EL] in California) and Immigrant Students Funded as: • Elementary and Secondary Education Act (ESEA), Title III, Part A, LEP Student Subgrant Program; Standardized Account Code Structure ([SACS] 4201) • ESEA, Title III, Part A, Immigrant Student Subgrant Program; (SACS 4203)

5. Purposes • ESEA Section 3115(a) Title III Required Activities • ESEA Sections 3115(c)(1) and (2)

6. Allowable Activities • ESEASections 3115(d)(1)-(8) Immigrant Activities • ESEA Section 3115(e)

7. Eligibility DeterminationLimited English Proficient Student Subgrant Program • Go to the CDE Title III Web page at http://www.cde.ca.gov/sp/el/t3/ • Local Educational Agency (LEA) must have one or more EL as reported on the March 2008 Language Census (R30) to receive 2009-10 funding.

8. Eligibility DeterminationLimited English Proficient Student Subgrant Program

9. Eligibility Determination Limited English Proficient Student Subgrant Program • 2009-10 Funding based on Language Census (R-30) in March 2008 • Future years funding will be based on numbers reported via California Longitudinal Pupil Achievement Data Systems (CALPADS) • Direct funded if LEA generates $10,000 or more • If LEA generates less than $10,000, the LEA must join or form a consortium to participate in Title III

10. Eligibility DeterminationImmigrant Student Subgrant Funding Program • Go to the CDE Title III Web page at http://www.cde.ca.gov/sp/el/t3/ • LEA must have one or more Immigrant students and the number of immigrant students must have grown 5 percent or more in comparison to the average of the two previous years. • School Districts, County Offices of Education and Direct-Funded Charter Schools submit the number of immigrant students in CALPADS • Private Schools submit the number of immigrant students on the Student National Origin Report (SNOR)

11. Eligibility DeterminationImmigrant Student Subgrant Funding Program • 2009-10 funding is based on the March 2008 SNOR • LEA qualifies when there is a 5 percent or higher growth in comparison to average of two previous years

12. Eligibility DeterminationImmigrant Student Subgrant Funding Program • Direct funded if LEA generates $10,000 or more • If LEA generates less than $10,000 the LEA may form or join a consortium • Once LEA qualifies, funding is provided for three years

13. Eligibility DeterminationImmigrant Student Subgrant Funding Program

14. California Longitudinal Pupil Achievement Data System • http://www.cde.ca.gov/ds/sp/cl/index.asp • Contact CALPADS Operations Office at calpads@cde.ca.gov or please call 916-324-6738

15. Student National Origin Report Private Schools • Fall Census Day is the first Wednesday of October (October 7, 2009). Spring Census Day is March 1, 2010 • Private schools will receive a letter by February, 2010 with instructions regarding the electronic submission of the SNOR • Report the larger number to CDE between March 1, and April 1, 2010, not before • If there are no Immigrant students, a report is still required for determining eligibility for future years

16. The Application Process You must apply to receive funds! • LEAs generating $10,000 or more apply via the ConApp I, page 2 • LEAs generating less than $10,000 apply via consortia and must be submitted on the Title III Web pages • See the CDE Title III Web pages for details: LEP: http://www.cde.ca.gov/sp/el/t3/lep.asp Immigrant: http://www.cde.ca.gov/sp/el/t3/immigrant.asp

17. The Application Process: Consortia Memorandum of Understanding • One for the entire consortium is recommended • The lead LEA controls the funds; this is not a pass-through grant • The member LEAs do not have spending authority • Members receive program, products, and/or services from the lead LEA

18. The Application Process: Consortia Lead LEA acts as fiscal and program agent • For entire 27 month period per award year • Expenditure reports • Cash management requirements (80 percent) • Enters into an MOU with member districts • Provides services, program and/or products to members through MOU

19. The Application Process: Consortia Lead LEA acts as fiscal and program agent, continued • Not a “pass-through” grant. MOU must be adhered to • Both LEP and Immigrant rules for forming consortia are the same • Consortia members and leads apply through an online application by June 30, 2009 • Lead LEA reports on the ConApp for the entire consortium.

20. Overall Funding Cycle • Award is for 15 months For Fiscal Year (FY) 2007-08: July 1, 2007 through Sept. 30, 2008 • 12 months is allowed for carryover For FY 2007-08: Oct. 1, 2008 through Sept. 30, 2009. • After 27 months authority to spend ceases For FY 2007-08: September 30, 2009.

21. Expenditure Reporting • All expenditure reporting is done electronically • ConApp I, June 30; ConApp II, January 31 • End of Year Expenditure Report on the CDE Title III Web page on October 15 • Report expenditures by FY of allocation, not current FY (e.g., Although you may not have received apportionments for your FY 2008-09 award until FY 2009-10, report as FY 2008-09 expenditures) • Report how much of total allocation was spent (not including carryover)

22. Expenditure Reporting: Administrative and Indirect Charges • LEP: Administrative AND Indirect costs limited to two percent of total student sub-grant • Immigrant: The LEA is authorized to assess its approved indirect cost rate for FY 2009-10 on the remaining portion of the grant after the administration costs have been assessed. A list of approved indirect cost rates is available at the CDE Indirect Cost Web page at http://www.cde.ca.gov/fg/ac/ic/index.asp • New grant plus carryover can be used to calculate 2 percent set aside for administration

23. The Cash Management Schedule • Payments are released if the cash management threshold is met (80 percent of prior released funds) • Payments of 40 percent, 40 percent and 20 percent of award

24. Supplement not Supplant in Brief –General Principle In general, the Title III supplement not supplant requirement is intended to ensure that services provided with Title III funds are in addition to, and do not replace or supplant, services that students would otherwise receive

25. Title III Supplement, not Supplant Requirement Title III funds must be used to supplement the level of Federal, State, and local funds that, in the absence of Title III funds, would have been expended for programs for LEP children and immigrant children and youth [Section 3115(g) of ESEA]

26. The First Test of Supplanting: “Required by Law” A LEA uses Title III funds to provide services that the LEA is required to make available under State or local laws, or other Federal laws

27. The Second Test of Supplanting: “Prior Year” An LEA uses Title III funds to provide services that it provided in the prior year with State, local, or other Federal funds

28. Supplement, not Supplant Considerations at the LEA and School Levels Any determination about supplanting is very fact specific, and it is difficult to provide general guidelines without examining the details of a situation

29. How Can Title III Funds be Used Without Violating the Supplement not Supplant Requirement? Questions to Ask: • What is the instructional program/service provided to all students? 2. What does the LEA do to meet Lau requirements?

30. Questions to Ask: (continued) 3. What services is the LEA required by other Federal, State, and local laws or regulations to provide? 4. Was the program/service previously provided with State, local, or Federal funds?

31. Questions to Ask: (continued) Based on the answers to the above questions, would the proposed funds be used to provide an instructional program/service that is in addition to or supplemental to an instructional program/service that would otherwise be provided to LEP students in the absence of a Title III grant?

32. Supplement, not Supplant Resources: • http://www.ed.gov/programs/sfgp/legislation.html • http://www.ed.gov/programs/sfgp/supplefinalattach2.pdf

33. Questions and Answers ?

34. Limited English Proficient Student Subgrant Program Questions • Fiscal Questions: Please contact Patty Stevens, Associate Government Program Analyst, at 916-323-5838 or by e-mail at pstevens@cde.ca.gov • Programmatic questions:Please contact Michele Anberg-Espinosa, Bilingual/Migrant Education Programs Consultant at 916-323-4872 or by e-mail at manbergespinosa@cde.ca.gov

35. Immigrant Student Subgrant Program Questions • Fiscal Questions: Please contact Clifton Davis, Jr. Associate Government Program Analyst, at 916-323-5208 or by e-mail at cdavis@cde.ca.gov • Programmatic questions: Please contact Monte Blair, Education Programs Consultant at 916-323-5124 or by e-mail at mblair@cde.ca.gov