Title III Fiscal Requirements and ESSA changes Jesse Fry Division of Federal Programs Pennsylvania Department of Education jefry@pa.gov/ 717-783-6829

Purposes (1) To help ensure that English learners, including immigrant children and youth, attain English proficiency and develop high levels of academic achievement in English

Purposes (2) To assist all English learners, including immigrant children and youth, to achieve at high levels in academic subjects so that all English learners can meet the same challenging State academic standards that all children are expected to meet

Purposes (3) To assist teachers, principals and other school leaders, State educational agencies, local educational agencies, and schools in establishing, implementing, and sustaining effective language instruction educational programs designed to assist in teaching English learners, including immigrant children and youth

Purposes (4) To assist teachers, principals and other school leaders, State educational agencies, and local educational agencies to develop and enhance their capacity to provide effective instructional programs designed to prepare English learners, including immigrant children and you, to enter all-English instructional settings

Purposes (5) To promote parental, family, and community participation in language instruction educational programs for the parents, families, and communities of English learners

Mandated activities per statute (1) Funds shall be used to increase the English language proficiency of English learners by providing effective language instruction educational programs that meet the needs of English learners and demonstrate success in increasing (A) English language proficiency and (B) student academic achievement

Mandated activities per statute (2) Funds shall be used to provide effective professional development to classroom teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), principals and other school leaders, administrators, and other school or community-based organizational personnel

Mandated activities per statute (2) (CONTINUED) The effective professional development should be of a sufficient intensity and duration and shall NOT include activities such as 1-day or short-term workshops and conferences UNLESS the activity is part of a long-term, comprehensive professional development plan

Mandated activities per statute (3) NEW Funds shall be used to provide and implement other effective activities and strategies that enhance or supplement language instruction education programs for English learners which -

Mandated activities per statute (3) NEW (continued) (a) shall include parent, family, and community engagement activities; and (b) may include strategies that serve to coordinate and align related programs

Allowable EL activities per statute See handout of statute, pages 425-427. NEW USES include: (a) Improving the instruction of ELs, which may include ELs with a disability, through educational technology

Allowable EL activities per statute (continued) (b) Offering early college high school or dual/concurrent enrollment programs (c) Using funds to provide materials in a language that a student can understand (caution on Supplement not Supplant provisions)

Allowable Immigrant activities per statute See handout of statute, pages 427-429 Immigrant funds (IMM), when awarded, should be used in a supplemental manner in regard to EL funds. IMM funds should not be used to supplant EL funded activities.

Supplement not Supplant Title III cannot be used to supplant Federal, State, or local funds. This differs from the Title I analysis. ESSA did not alter SNS for Title III. Also, Title III SNS continues to prohibit the supplanting of other federal funds.

Supplement not Supplant (continued) Per statute: “Federal funds made available under this subpart shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds”

Supplement not Supplant (continued) In general it is presumed that supplanting has occurred : (1) if the LEA uses Title III to provide services that were required under other laws (2) if the LEA uses Title III to provide services the LEA provided with other funds the year before

Supplement not Supplant (continued) Title III funds cannot be used to fulfill an LEA’s obligations under Title VI of the Civil Rights Act of 1964 and the Equal Opportunities Act (EEOA)

Allocations Title III is can be comprised of both funding for EL and IMM populations Most Title III recipients only receive EL and not IMM, this is because EL is based upon a direct headcount while IMM is based upon growth percentage

Allocations LEAs that receive less than $10,000 is EL funding are required by law to join a consortium The consortium lead is not merely a pass-through entity and should be designing and implementing the program after consulting with the member LEAs

Allocations 2017-2018 Title III allocations are based upon numbers taken from the Fall 2016 PIMS Collection #1 This is the “Student Snapshot Template” for public EL and Immigrant, and is the “District Fact or LEP Template” for nonpublic EL and Immigrant”

Nonpublic component Timely and meaningful consultation is applicable as it is with other federal programs Unlike Title I, Title III allocations are based upon geographic location of nonpublic entity

Nonpublic component (continued) LEA is responsible for the EL and IMM identification for nonpublic students The LEA is not obligated to provide any core programming and supplies and materials can be sent without a teacher LEA must retain control of the funds

Final statement EL and IMM counts are applied statewide, so it is very difficult to guarantee and additional funding if reporting is incorrect. Please contact PDE as needed. Jesse Fry: jefry@pa.gov and/or 717-783-6829