Millie Bentley-Memon, Ph.D. Title III Group, OESE, USDE and Shereen Tabrizi, Ph.D.

1. Title III Supplement, not Supplant Title III & Migrant Directors’ MeetingLansing, Michigan April 26, 2011 Millie Bentley-Memon, Ph.D. Title III Group, OESE, USDE and Shereen Tabrizi, Ph.D. Manager, Special Populations Unit MI Department of Education (MDE)

2. Considerations for Use of Title III Funds • Costs must be allowable, allocable, and reasonable. • Costs must be supplemental (not supplanting).

3. Use of Federal Funds: Costs must be… reasonable A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. allocable A cost is allocable to a cost objective if the goods or services involved are chargeable or assignable to the cost objective in accordance with the relative benefits received. allowable A cost is allowable if it is necessary and reasonable for proper and efficient performance of the award and allocable to the award. (Office of Management & Budget (OMB) Circular A-87)

4. Examples of Unallowable Costs • Alcoholic beverages • Donations and contributions • Entertainment costs tickets to shows or sports events, meals, lodging, rentals, transportation, gratuities

5. Examples of Potentially Allowable Costs • The following costs MAY be allowable – • reasonable lunch for participants in a • professional development activity, if there • is no other opportunity to eat, and the • activity is all day. • reasonable snacks for students for Title III- • funded summer or after school programs, • and transportation for these programs, • if needed and not provided by the district.

6. Examples of Potentially Allowable Costs • The following costs MAY be allowable – • tickets and transportation for educational • field trips, if part of high-quality language • instruction educational program. • reasonable refreshments for parent • outreach activities.

7. Title III 2% Cap on Administrative Costs • LEAs have a limit of 2% of the Title III subgrant for administration. (section 3115(b) of the ESEA) • The 2% administrative cap must include both administrative costs + indirect costs. • Administrative costs are associated with overall project management and administration and are not directly related to the provision of services or otherwise allocable to program cost objectives/categories. • Indirect costs represent the expenses of doing business that are not readily identified with a particular grant, but are necessary for the general operation of the organization.

8. Administrative Costs • Types of administrative costs: • personnel & non-personnel • direct & indirect • Administrative costs include those activities that pertain to establishing and administering policy for operating the LEA or with handling the overall administrative responsibilities for an LEA and program. Examples: Personnel – salaries & benefits for office assistants, clerks, accounting, data processing, contracted professional services, such as auditors (Source: 1997 USDOE Indirect Cost Determination Guidance for State and Local Government Agencies)

9. What are Indirect and Direct Costs? Indirect costs represent the expenses of doing business that are not readily identified with a particular grant, contract, project function or activity, but are necessary for the general operation of the organization and the conduct of activities it performs. Direct costs can be identified specifically with particular cost objectives such as a grant, contract, project, function or activity. Direct costs usually include: • Salaries and wages (including vacations, holidays, sick leave, and other excused absences of employees working specifically on objectives of a grant or contract – i.e., direct labor costs). (Source: USDE OCFO FAQs: http://www2.ed.gov/about/offices/list/ocfo/fipao/abouticg.html)

10. What are Indirect and Direct Costs? Continued… Direct costs can be identified specifically with particular cost objectives such as a grant, contract, project, function or activity. Direct costs usually include: • Other employee fringe benefits allocable on direct labor employees. • Consultant services contracted to accomplish specific grant objectives. • Travel of employees. • Materials, supplies and equipment purchased directly for use on a specific grant or contract. • Communication costs such as long distance telephone calls identifiable with a specific award or activity. (Source: USDE OCFO FAQs: http://www2.ed.gov/about/offices/list/ocfo/fipao/abouticg.html)

11. Title III – A Supplemental Program to Serve English Learners Title III-funded activities instructional program/ service required by State and local laws/regulations instructional program/service provided by the district to all students instructional program/service required by Federal laws/regulations

12. Supplement, not Supplant Requirement - General • 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 limited English proficient (LEP) students and immigrant children and youth. (section 3115(g)) • Any determination about supplanting is fact-specific, and it is difficult to provide general guidelines without examining the details of a situation.

13. Supplement, not Supplant Requirement - General The First Test of Supplanting: Required by Law The Department assumes supplanting exists if – A local educational agency (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. The Second Test of Supplanting: Prior Year The Department assumes supplanting exists if – An LEA uses Title III funds to provide services that the LEA provided in the prior year with State, local or other Federal funds. This assumption can be rebutted.

14. To refute the “prior year” test of supplanting, the LEA would need to have contemporaneous records to confirm… • Budget cuts were made in a number of areas, not just services for limited English proficient (LEP) students; and, • There was in fact a reduced amount of State or local funds to pay for this activity/position; and • The LEA made the decision to eliminate the position/activity without taking into consideration Federal funds.

15. Supplement, not Supplant – English Language Proficiency (ELP) Assessment: Public Schools • Title III funds may not be used to develop or administer ELP assessments for progress (ELPA) or for identification and placement purposes in public schools.

16. Supplement, not Supplant – ELP Assessment:Non-Public Schools • Title III funds may be used for identification & placement assessments for non-public school students (if the use of such funds would not supplant other Federal, State or local funds that may be used for such purposes).

17. Supplement, not Supplant – ELP Assessment:Non-Public Schools • Title III funds may also be used to administer the ELPA to private school LEP students IF, and only IF, the LEA and appropriate private school officials conduct timely and meaningful consultation and agree that ELP assessment performance will be used to measure the effectiveness of Title III services provided to LEP students, their teachers, and other educational personnel in non-public schools. (section 9501 of the ESEA)

18. Supplement, not Supplant – Guiding Questions Questions to Ask When Considering Whether Title III Funds Can be Used Without Violating the Supplement, not Supplant Requirement 1. What is the instructional program/service provided to all students? 2. What does the LEA do to meet Lau vs. Nichols requirements? 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, and Federal funds?

19. Providing Core Services to English Learners (ELs) in MI – an overview from the MIDOE LEAs must assess ELs, and based on their proficiency level and academic results, determine the level and intensity of the core EL services to be provided by the district. A student at a basic level of proficiency on ELPA would receive a more intensive language and content support than a student who is at a high intermediate level. Such core services must be uniform and provided by a highly qualified ESL/bilingual teacher during the day using district funds.

20. Use of Title III Funds by LEAs – Examples Here are some sample uses of Title III funds, which may be allowable IF they are determined to be supplemental: • After school or summer school programs • Supplemental personnel to support language instruction educational programs • Supplemental professional development • Supplemental materials and supplies purchases • Parent notification and outreach-related activities

21. Title III – Supplement, not Supplant – Examples • The LEA wishes to use Title III funds to hire a highly qualified bilingual/ESL Resource Teacher. Her role would be to provide direct support to ELs by conducting collaborative teaching in the general education classroom for one hour per class per day where ELs are placed. • Could the LEA use Title III funds to hire this teacher? Why or why not?

22. Title III – Supplement, not Supplant – Examples • The LEA wishes to use Title III funds to hire and train bilingual/ESL instructional coaches. • Could the LEA use Title III funds to hire these coaches? Why or why not?

23. Title III – Supplement, not Supplant – Examples • The LEA considers use of the Sheltered Instruction Observation Protocol (SIOP) as part of their best practices used to service ELLs. The LEA wishes to use Title III funds to cover the cost of professional development in SIOP. • Could the LEA use Title III funds for the cost of SIOP training? Why or why not?

24. Title III – Supplement, not Supplant – Examples • The LEA has half day kindergarten classes for all kindergartners, and would like to hire a Title III-funded teacher that would extend the kindergarten experience for ELs to a full day. • Could the LEA use Title III funds to hire a Title III-funded teacher to extend the KG experience for ELs? Why or why not?

25. Title III – Translation & Interpretation – Supplement, not Supplant • Title III funds may be used for supplemental translation and interpretation activities that are not provided by the LEA for all students, and for translation activities that are specific to Title III.

26. Title III – Translation & Interpretation – Parental Notification – Section 3302 Parental notification requirements – • for Title III-funded LEAs. • must be provided by LEAs “…in an understandable and uniform format and, to the extent practicable, in a language that the parent can understand” to parents of all children identified for participation in, or participating in Title III. • notification of identification for and placement in a language instruction educational program, and • notification of LEA failure to meet Title III annual measurable achievement objectives (AMAOs) if applicable.

27. Title III – Translation & Interpretation – Parental Notification – Examples Examples of LEA use of Title III funds: • Personnel costs for translating these written notices if the LEA generates its own written notices • Postage costs for mailing notices • Personnel costs for holding meetings with families, as needed, in order to orally relay via interpretation information contained in the Title III-required notices • Contract with a translation company that provides these notices

28. Title III – Translation & Interpretation – Examples • If the LEA has a welcome center with staff who are responsible for administering the home language survey to all students and enrolling LEP students, it would not be appropriate to utilize Title III funds to pay their salaries.

29. Title III – Translation & Interpretation – Examples • If the SEA or LEA has a contract with a translation company that provides translated notices for Federal programs, then only the portion of the contract that pertains to Title III notices may be paid for with Title III funds. Title III

30. Title III – Translation & Interpretation – Examples • If the LEA or school communicates with all parents about their child’s educational progress by mail, it would not be appropriate to use Title III funds to pay for the postage for LEP students, as this communication is paid for by the LEA or school for all students, and is not Title III-specific.

31. Title III – Translation & Interpretation – Examples • If the LEA or school communicates on a weekly basis with all parents about school activities, it would not be appropriate to use Title III funds to pay for translation or interpretation of these documents or activities, as this LEA and school are obligated to provide meaningful access to information and services provided. • Title III funds could be used to pay for supplemental translation or interpretation.

32. Title III – Translation & Interpretation – Caveats • Title III funds may not be used by SEAs or LEAs to pay for translation and interpretation costs on State achievement assessments, such as the provision of linguistic accommodations. • The Title III AMAO notification must be a ‘separate notification.’ • Some LEAs have inquired if they could meet the requirement to provide AMAO notifications in ‘an understandable and uniform format’ by simply posting AMAO results on the LEA website, and sending the link to parents. This action alone would not be sufficient to ensure that parents of LEP students have been notified of their LEA’s AMAO status.

33. Questions TabriziS@michigan.gov Millicent.Bentley-Memon@ed.gov