LEA-Level Budgeting for Improvement Plan Development: Addressing Supplement-Not-Supplant Provisions Regarding English Le

1. LEA-Level Budgeting for Improvement Plan Development: Addressing Supplement-Not-Supplant Provisions Regarding English Learners Presented by:Jannelle Kubinec, Associate Vice President

2. Welcome

3. Housekeeping Communication  Webinar is in presentation mode.  Audio is primarily over the Internet. (Quick Audio Check Poll) Questions are welcomed; submit them online in the text-chat area in the �chat� area (lower-left). These will be collected and addressed via a FAQ. Conference call only webinar participants - please send questions to Teresa Maldonado at tmaldon@wested.org Tech Support During the Event Text-chat klarsen  The event is being recorded and will be available afterwards on the Title III webpage at: http://www.cacompcenter.org/t3y4

4. English Learners and Fiscal Issues The state�s financial death spiral has created systemic fiscal issues for all local educational agencies (LEAs) Protecting the classroom from cuts is nearly impossible given the level of reductions The first to go have been the �extras� � extracurriculars, intervention programs, instructional support staff Plus, there is increasing pressure and at times desperation to spend restricted resources on people and programs formerly funded with unrestricted funding Today we�re going to: Review what remains in support for English learners Consider how to use these funds appropriately and effectively Describe how to support effective planning in light of tough financial times

5. The State Budget California is first among states in the total amount of funding cut from its budget The cuts keep coming � in large part because of unrealistic optimism and partial solutions that have bridged the gap between state revenues and expenditures K-12 education has lost around $900 per student in real funding since 2007-08 and lost more than $1,400 in spending power per student K-12 education accounts for approximately 40% of the State Budget, but in 2008-09 and 2009-10 represented approximately 50% of the cuts

6. The State Budget Bottom line: The state hasn�t recovered The one-time dollars are gone and we have more budget cuts Accountability requirements are continuing to rise 2010-11 promises to be the toughest year of the recession What does this means for K-12 education? The recovery is in sight, but it�s going to be a slow recovery As a results, there is a need for permanent reductions to spending

7. The Opportunities and Role of Flexibility The cuts made to funding have been accompanied by flexibility 42 categorical programs have been reduced by approximately 20% from 2008-09 original budget levels, but may now be used for other purposes through 2012-13 K-3 Class-Size Reduction funding penalties are significantly relaxed, ensuring that districts receive at least 70% of their 2008-09 funded level There have also been new opportunities with federal American Recovery and Reinvestment Act (ARRA) funding The manner in which the above are used depends on how long we think the downturn will last Flexibility and federal funding offer short-term options to a long-term problem As a result, rethinking how we operate is essential But following the remaining rules remains critical

8. Addressing the Needs of English Learners The California Legislature continues to acknowledge and recognize the need to provide support for English Learners Minor reductions have been made and limited to no flexibility for state funding targeted to English Learner needs The performance gap is closing, but is still present

9. Support for English Learners Cuts are pervasive in this year�s budget, but they are not universal How much less funding is there for English Learner-designated support in 2009-10 compared to 2007-08?

10. What is Core? Most districts have experienced a change in their core program based on how they�ve reacted to the State Budget cuts Larger classes Fewer support services Fewer librarians, counselors, and other support positions Can programs that have been cut now be paid for from categoricals? This depends on several factors

11. Cuts and Possible Restorations The use of remaining categorical resources � including ARRA funding � is relative to what�s in place and supported as the �core� program This is because categorical funds must generally �supplement� the core In the simplest terms, this rule requires that funds be used to provide services and support that meet the following criteria: Are above and beyond the core program Were not previously funded with a state or local resource However, in times of fiscal difficulty, the rules of the game change If an LEA can demonstrate that the funding previously provided to support a function is no longer available due to budget reductions, there may be a basis for refuting supplantation In other words � you can't supplant what's not there

12. Special Caution for English Learner- Related Resources While it is true that you can�t supplant what�s not there, it is possible to supplant even when supplementing The test of what is considered a �supplement� and what is �supplanted� is a relative matter When considering a resource targeted to English Learners, because of the targeted nature of these funds, the funding may need to supplement other restricted resources or risk being considered supplanting For instance, Migrant Education funding must supplement Title III and they both must supplement Title I

13. The Hierarchy of Supplementing

14. Testing the Theory � Class-Size Reduction Example To illustrate the many considerations that must be made when evaluating whether the use of a categorical would be considered allowable to restore or replace a contribution formerly made from the General Fund, consider this example

15. Testing the Theory � Class Size Reduction Example Which restricted resources may fund the �backfill�? Title I, Part A and EIA-SCE if the school is �schoolwide� and the strategy is included in approved school plans Title II, Part A if the district is meeting Highly Qualified Teacher requirements Which may not be used? Definitely no to Title III and EIA-LEP because these are targeted to English Learners It is difficult to impossible to argue that class-size reduction that affects all students is a targeted strategy for English Learners

16. Testing the Theory: Assessments Among the 42 flexible state categorical programs is funding to local districts for state assessments This is one of several of examples that places potential rigidity on flexibility Assessments, including CELDT must be provided, but how can they be paid for? The administration of the CELDT is considered a requirement for all English Learners, but is it supplemental? Testing and assessment are an administrative function; therefore, a portion of the costs may be supported from within the centralized services portion of the allowed administrative funding from EIA In all likelihood, LEAs will need to continue to provide support from their flexible categorical resources

17. Testing the Theory: Corrective Actions Districts under Title I Corrective Action (Program Improvement Year 3+) and Title III (Year 2 Improvement Plan Addendum or Year 4 Action Plan) are expected to take actions to improve student performance Does this designation provide a blank check to use Title I or Title III funds? No � the rules of the programs still apply It should be a sign that the LEA and sites should rethink how such funds are used to ensure that: Funds are used to meet the highest priority needs Funds are targeted at specific strategies as identified in the plan

18. Testing the Theory: Corrective Actions Examples of supplemental expenditures:

19. Surviving Today and Beyond It all comes down to priorities What programs and services are the most mission critical? Stakeholders need to be involved What is the impact of state funding cuts on the local budget? What are the other factors affecting your budget and cash? What is the size of the problem that has to be solved � and by when? Develop a plan to get to a list of budget cuts that preserve the highest priority programs Act now � even though this Budget won�t be a �done deal� for many months Legal timelines require that you act long before that And the size of the problem only grows with the passage of time

20. Surviving Today and Beyond How do we make it through 2009-10 and beyond? The choices are simple: Try to do more with less Do less with less Do differently with less and get more A piece of advice: Don�t look down or back In other words, look forward � it�s going to take vision to see a path through this mess Focus on cost effectiveness If it�s not working, no matter how little it costs, it�s not worth it But be compliant!