Transcript Title III Workshop for Districts: Creating a Title III

Creating a Title III Program that
Meets Federal Requirements Webinar for WI Title III Network
Millie Bentley-Memon, Ph.D.
Title III Group, US Department of Education
With Supreet Anand, Group Leader, Title III Group
Tuesday, April 13, 2010
Pillars of Reform
ESEA Priority Areas
Rigorous Standards &
Assessments
College and Career
Ready Students
Great Teachers &
Leaders
Great Teachers and
Leaders in Every
School
Effective Use of Data
Equity and
Opportunity for all
Students
Turning Around Low
Achieving Schools
Raise the Bar and
Reward Excellence
Fosters…
Results in…
Increased Student
Achievement
Effective
Teaching &
Learning
Achievement Gap
Closing
Increased
Graduation and
College
Enrollment Rates
ELP Assessments and Accountability
Measure growth towards attainment of language proficiency
Valid and Reliable Instruments
ELP Assessments Aligned to ELP Standards
ELP Standards Linked to Content Standards
Effective Use of Native Language Assessments
Statewide Common Standards, Assessments, Identification and Exit Criteria
Update – Reauthorization Work
and 2011 Education Budget
http://www.ed.gov/blog/2010/01/the-presidentscabinet-reports-to-you/
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
required by Federal laws/regulations
instructional program/service
provided by the district
to all students
Building Blocks to an Effective Title III
Program that Meets Title III Requirements
high-quality
language instruction
educational program
high-quality
professional
development
Building Blocks to an Effective Title III
Program that Meets Title III Requirements
students
supplementary activities
(with expenditures that are reasonable, allowable,
and allocable)
high-quality
language instruction
educational program
professional
development
Students Served Under Title III:
Students in grades K-12 identified as limited
English proficient (LEP) based on the State
English language proficiency (ELP) assessment.
- Students identified and placed using valid
measures of English language proficiency –
not surname or language minority status
(section 3302(f) of the ESEA)
 LEP students enrolled in private schools served by
the local educational agency (LEA).
- The LEA is responsible for assisting private
schools with identifying these students, if needed.
(section 9501(a)) (*Note – Title III funds may be
used for ELP assessment of LEP students enrolled
in private schools, but not in public schools.)

Parent Refusal


Refusal of Title III services – Parents have
the right to immediately remove their child from
a Title III program, decline Title III services, or
to choose another program or method of
instruction, if available. (section 3302(a)(8))
Note that the LEA is still responsible for meeting
the child’s educational needs and for ensuring
that Lau requirements are met.
ELP Assessment - All LEP students in grades
K-12 in the State should be annually assessed for
English language proficiency.
(sections 1111(b)(7) & 3113(b)(3)(D) of the ESEA)
Federal Criteria for Title III Activities
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.
(OMB Circular A-87)
Examples of Unallowable Costs



Alcoholic beverages
Donations and contributions
Entertainment costs
-tickets to shows or sports events, meals, lodging,
rentals, transportation, gratuities
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
tickets and transportation for educational field trips, if part of
high-quality language instruction educational program
reasonable refreshments for parent outreach activities
Title III 2% Cap on Administrative Costs

Districts have a limit of 2% of the Title III grant award for
administration.
(section 3115(b))

Administration = administrative costs + indirect costs
Examples of administrative costs:
support staff, coordinators, & other personnel that perform
administrative functions

Indirect costs = 1) incurred for a common or joint purpose
benefiting more than one cost objective, and 2) not readily
assignable to the cost objectives specifically benefitted
Examples of indirect costs:
percentage of cost to administer Federal programs across
the district
(OMB Circular A-87)
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 LEP
students and immigrant children and youth.
(section 3115(g))
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.
Supplement not Supplant Requirement General
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.
Supplement not Supplant –
Rebuttal:
The LEA would need to have contemporaneous
records to confirm:



Budget cuts were made in a number of areas, not just
services for 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.
Supplement not Supplant Requirement
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 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?
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 (or be required to be
provided by other laws/regulations) in the absence of a Title III grant?
State Law
Mr. Gomez
Supplemental
Texts and Staff
Summer School Bus
Summer Program
Mario
Supplemental Instruction
Paraprofessionals
Supplement not Supplant – ELP
Assessment
 Title I and Title III funds may not be used to administer State ELP
assessments for progress because:
•
•

Title I does not specifically authorize this expenditure, which
is necessary because the requirement applies to all LEP
students (not just Title I students).
Use of Title III funds for this purpose would violate the
supplement not supplant requirement since the ELP
assessment is a requirement under Title I.
Neither Title I nor Title III funds may be used to
develop or administer ELP assessments for identification and
placement purposes, except that Title III funds may be used for
identification & placement assessments for private school students
(if the use of such funds would not supplant other Federal, State or
local funds that may be used for such purposes.)
Public School
ELP Placement Test
ELP Progress
Test
Private School
Consultation
ELP Placement Test
State Law
ELP Progress
Test
Case Study Conversations
Case Study Conversations
Use of Funds
#1
Review the following scenarios and apply the information discussed .
Consider which questions could arise in each scenario, and a proposed
answer.
A) District A proposes using Title III funds to provide monthly dinners for its
English language learner (ELL) parent advisory council. The amount
proposed for these dinners is about 1/10 of the district’s Title III allocation.
What questions could you ask regarding this proposed expenditure? How
would the principles of allowable, allocable, and reasonable apply?
B) District B wishes to use its Title III allocation to pay the salary of its ELL
administrator. Is this a permissible use of Title III funds? Why or why not?
Case Study Conversations
Use of Funds
#1
Review the following scenarios and apply the information discussed .
Consider which questions could arise in each scenario, and a proposed
answer.
C) District C proposes using its $147,000 Title III allocation as follows:
$20,000 to partially fund English as a second language (ESL) teachers
who will be the primary providers of ESL instruction for the students that
they service.
 $50,000 for two paraprofessionals to deliver ESL instruction to LEP
students in two of the district’s elementary schools.
$1,000 for interpreters to participate in parent conferences.
$1,000 to translate district documentation to increase school participation
for LEP students and their families.
$75,000 for “ESL textbooks, software and other materials.”
What are the considerations when determining whether each expenditure
is allowable, allocable, and reasonable, and whether it is supplemental?
Building Blocks
to an Effective Title III Program
students
supplementary activities
high-quality
language instruction
educational program
high-quality
professional
development
Provision of Title III Services to LEP
Students in Private Schools


Districts must conduct timely and
meaningful consultation with appropriate
private school officials. - documented
Districts must provide educational services (not
funds) to LEP children, their teachers, or other
educational personnel in private schools that are
located in the geographic area served by the
district.
(section 9501)
Provision of Title III Services to LEP
Students in Private Schools
Timely and meaningful consultation
must include:



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How the needs of the private school students will
be identified.
The services the LEA will provide to meet the
needs.
The amount of funding available to provide
services.
How the services will be assessed.
(section 9501(c))
Provision of Title III Services to LEP
Students in Private Schools
Title III funds may be used for the initial ELP
assessments for private school students (in
cases where the use of such funds would not
supplant other Federal, State and/or local
funds that may be used for such purposes or
other legal requirements).
Provision of Title III Services to LEP
Students in Private Schools
Annual ELP assessments:
Title III does not require LEAs to administer their
State’s annual English language proficiency assessments for
identified English language learners in private schools.
However, LEAs are required under Title IX uniform provisions to
consult with the private school officials about:


how the Title III, Part A services provided to private schools and
teachers will be assessed, and
how the results of the assessment will be used to improve
those services.
(section 9501(c)(1)(D))
Case Study Conversations
Case Study Conversations
Private Schools
#2
D) In order to fulfill its obligations with respect to private school students
in the LEA, District D gives the private schools in the LEA a dollar amont
of its allocation the per pupil Title III award amount per each LEP
student. District D tells the schools they can use the dollar amount
however they wish as long as the services are for the private schools’
LEP students. Private schools then secure reading services, textbooks,
and other materials for the LEP students’ use, and submit invoices to the
LEA that the LEA pays directly to the vendors (reading teacher,
publisher, etc.).
Does this practice satisfy Title III obligations for private school students?
Why or why not? What questions arise from this scenario?
Case Study Conversations
Private Schools
#2
E) District E asks the private school in the city of Edualia to report the
number of LEP students that attend the private school, so that District E
can determine who must be served in the private school.
Is this an appropriate practice? Why/why not?
District E then further determines, based upon the number of LEP
students, what “supplies and materials will be provided to the private
school in order to assist the private school staff in serving the LEP
students in the private school.”
Is this an appropriate practice? Why/Why not?
Questions and Answers
Resources

National Clearinghouse for English Language
Acquisition:
http://www.ncela.gwu.edu/

Office of Management and Budget Circulars:
http://www.whitehouse.gov/omb/rewrite/grants/grants_cir
culars.html

Title I fiscal guidance:
http://www.ed.gov/programs/titleiparta/fiscalguid.doc

Office for Civil Rights, ELL Resources:
http://www.ed.gov/about/offices/list/ocr/ellresources.
html