Title III Application, Monitoring, and Budget:

Supplement, Not Supplant

Title III Application Process

• Receive• Review• Revise• Rejoice!

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Title III Application• http://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html EDGAR 76.708

• § 76.708 When certain subgrantees may begin to obligate funds.• (a) If the authorizing statute for a program requires a State to make subgrants on the basis of a formula

(see § 76.5), the State may not authorize an applicant for a subgrant to obligate funds until the later of the following two dates:

• (1) The date that the State may begin to obligate funds under § 76.703; (July 1 for Title III) or• (2) The date that the applicant submits its application to the State in substantially approvable form.

(Reasonable to assume that it is in substantially approvable form and can begin to obligate funds – make expenditures from the program/charge to program for activities)

• (b) Reimbursement for obligations under paragraph (a) of this section is subject to final approval of the application.

• (c) If the authorizing statute for a program gives the State discretion to select subgrantees, the State may not authorize an applicant for a subgrant to obligate funds until the subgrant is made. However, the State may approve pre-agreement costs in accordance with the cost principles that are appended to 34 CFR part 74 (Appendices C-F).

• (Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))• [45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980. Further redesignated at 60 FR

41295, Aug. 11, 1995]4

Title III, Part A • 3113 – English Language Proficiency Standards • 3115 Required Activities – Professional

Development • 3116 – Annual Test • 3122 – Annual Measurable Achievement

Objectives (AMAOs)• 3302 – Parent Notification of LEP Program

Participation • 3302 – Parent Notification of AMAO Failure Letter

Title III Monitoring

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Title III Monitoring: Accountability SBE Policy GCS-A-012Subgrantees receiving Title III funds (LEAs, public charter schools, & consortia) must meet a series of Annual Measurable Achievement Objectives (AMAOs)

AMAO 1 – Progress

AMAO 2 – Proficiency

AMAO 3 – AMOs for the LEP Subgroup

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Title III, Sec. 3122(b)(2) and State Board Policy reference

(4) ACCOUNTABILITY- If a State educational agency determines that an eligible entity has failed to meet the annual measurable achievement objectives described in subsection (a) for 4 consecutive years, the agency shall —

(A) require such entity to modify the entity's curriculum, program, and method of instruction;

Policy Identification

Priority: Globally Competitive StudentsCategory: TestingPolicy ID Number: GCS-A-012Sanctions for AMAOs Not MetIf the Title III subgrantee has failed to meet the AMAOs for four (4) consecutive years, the State Board of Education shall require the Title III subgrantee to modify its curriculum, program, or method of instruction. 8

Risk Factors Risk factors include but are not limited to: • size of subgrantee grant award,• percentage of LEP students,• program performance based on meeting AMAOs 1

and 2,• student subgroup academic performance based on

AMOs for LEP students,• change in program or leadership, and• the length of time since previous onsite monitoring.

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Timeline

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• AMAO 3 Calculations

• Risk Factor Analysis

• Monitoring Schedule

Title III Monitoring Instrument

11http://eldnces.ncdpi.wikispaces.net/LEP+Coordinators

Tying It All Together

• Application• Improvement Plan• Monitoring • Implementation

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BudgetsBasic Supplement, Not

Supplant

13USDE, Student Achievement and School Accountability (SASA)

Title III Grants• PRC 104– Funding for LEP students – A sufficient number of LEP students to generate a

planning allotment of more than $10,000

• PRC 111 – Funding for a significant in crease in immigrant children – Having a significant increase in the percentage of

immigrant students enrolled as compared to the average of the two preceding fiscal years

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Title I, Part A & Title III, Part ATitle I

Funds must supplement, and not supplant State and local funds (Section 1120A of ESEA)

Title III

Funds must supplement, and not supplant other Federal, State, and local funds.(Section 3115 of ESEA)

15USDE, Student Achievement and School Accountability (SASA)

Title III “A Supplemental Program to Serve English Learners”

• Cake – state and local funds used to provide the Core EL program

• Icing/Frosting – Other federal funds

• Sprinkles – Title III funds – High Quality Language Instruction Educational

Program (LIEP) – High Quality Professional Development

16USDE, Student Achievement and School Accountability (SASA)

Developing My LEA’s Supplemental Title III Program

Do all of the items on my local plan and budget narrative meet the following criteria?

Are they allowable? Are they allocable?Are they reasonable and necessary to carry out

grant function?Determine whether they should be included in the

2% limit as administrative costs?

17USDE, Student Achievement and School Accountability (SASA)

Supplement, Not Supplant Requirement – General

The First Test of Supplanting: Required by Law

The Department assumes supplanting exists if – An 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.

18USDE, Student Achievement and School Accountability (SASA)

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. 19USDE, Student Achievement and School Accountability (SASA)

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 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 decisions to eliminate the position/activity without taking into consideration of Federal funds.

20USDE, Student Achievement and School Accountability (SASA)

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 service 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?

21USDE, Student Achievement and School Accountability (SASA)

Title III Services to Supplement LIEP• ELL PreK Services [For LEP PreK students included in the Oct 1

Headcount]

• Additional Curriculum Support/ Activities [SIOP lessons, integrated lessons with other content areas, etc.]

• Additional Collaboration with content teachers [SIOP coaches, Lead teachers, etc.]

Title III Services to Supplement LIEP

• Additional Interventions [extra tutoring, content support in L1 or L2, newcomer services, etc.]

• Extended School Year or School Day [summer programs, before/after school opportunities, etc.]

• Supplementing schools’ role in the enrollment process and data collection for Title III Reporting [e.g., intake office.]

Title III Services to Supplement LIEP

• Additional Parent Training [Not provided to all parents; perhaps provided by a Title III Parent Liaison]

• Additional Materials [content materials in addition to content textbook, materials for additional interventions or extended schooling, etc.]

• Additional Training for Staff [Extra training and support for new ESL teachers, SIOP coaches, Lead teachers, etc.]

Significant Increase Immigrant FundsPRC 111

• In order to receive funds, an approved Title III Application for 2013-2014 explaining how these funds would be used to provide enhanced instructional opportunities for immigrant children [ESEA Title III Sec. 3114 (e)] is required.

Immigrant Plan

An approved Immigrant Plan will require • assessment of immigrant student needs,• identification/development of appropriate

services,• determination of priority for receiving the

services, and • identification of immigrant students who meet

the priority.

Supplement, Not SupplantFAQ Document

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Resources • Office of Planning, Evaluation and Policy Development, Policy

and Program Studies Service

• Office of Management & Budget (OMB) Circular a-87: http://www.whitehouse.gov/omb/circulars_a087_2004/

• EDGAR – (See parts 76 and 80 in particular) http://www2.ed.gov/policy/fund/reg/edgarReg/edgar.pdf

• Office for Civil Rights, ELL Resources http://www.ed.gov/about/offices/list/ocr/ellresources.html

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