TOM TORLAKSON State Superintendent of Public Instruction 11 Title III LEP/Immigrant Technical Assistance: Required Annual Update of the Local Educational Agency Plan and Budget Veronica Aguila, Director English Learner Support Division Lilia G. Sánchez Geoffrey Ndirangu Education Programs Consultants Language Policy and Leadership Office California Department of Education

TOM TORLAKSON State Superintendent of Public Instruction Presentation Goals Participants will  Be informed about the requirement and process for annually updating and submitting the LEA Plan Goal 2 (LEAP Goal 2) including the projected budget for the entire subgrant entitlement  Be provided with a template of LEAP Goal 2 that includes the projected budget for the entire subgrant entitlement and a template for just the budget update for multiyear LEAP Goal 2  Be provided samples of Title III allowable and unallowable activities and supplement, not supplant requirements 2

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Annual Update Requirement  Per ESEA, Title III, Part A, section 3114: for a fiscal year, eligible LEAs must have a plan in accordance with ESEA, Title III, Part A, Section 3116 to receive Title III Funding (LEP & Immigrant) 3

TOM TORLAKSON State Superintendent of Public Instruction Annual LEAP Goal 2 Update  LEAs who participate in the Title III, LEP or Title III, Immigrant programs are required to update their LEAP Goal 2 annually (ESEA, Title III, Part A, Section 3114)  The annual LEAP Goal 2 update must include a projected budget for the entire entitlement for the subgrant year 4

TOM TORLAKSON State Superintendent of Public Instruction Annual LEAP Goal 2 Update (Cont.)  As part of the CARS “Certification of Assurances” Web page, the CDE requires LEAs to provide a direct link (URL) to their posted updated LEAP Goal 2 that includes the projected budget for the entire entitlement for the subgrant year  CDE staff will confirm that the updated plans including projected budgets are posted at the URL provided before releasing any funds to an LEA in 2015  16 5

TOM TORLAKSON State Superintendent of Public Instruction Certification of Assurances 6

TOM TORLAKSON State Superintendent of Public Instruction 7 Year 3 or 4+ In CAIS Step 1: Update LEAP Goal 2 with budget Step 2: Post a PDF of both on local Web site Step 3: Provide the direct URL in CARS Certification of Assurances page Note: Budget must account for all Title III supplementary activities expenditures Year 0, 1 or 4+ Not in CAIS Step 1: Update LEAP Goal 2 with budget Step 2: Post a PDF of both on local Web site Step 3: Provide the direct URL in CARS certification of assurances page Note: Budget must account for all Title III supplementary activities expenditures Year 2 or Year 4 In CAIS Step 1: Use current “Accepted” Year 2 or Year 4 Improvement Plan plus updated LEAP Goal 2 with Budget Step 2: Post a PDF of both on local Web site Step 3: Provide the direct URL in CARS certification of assurances page Note: Budget must account for all Title III supplementary activities expenditures When applying for Title III Limited English Proficient/Immigrant funding for any fiscal year, eligible LEA must have an approved plan and budget under Title III Section Funds must be used to supplement other Federal, State and local public funds that would have been expended absent such funds. Provide in CARS Certification of Assurances page a direct URL to the updated LEA Plan Goal 2 and budget by June 30. Provide a separate budget if template does not have a budget column. In and thereafter, the LEAP Goal 2 and budget should be updated by June 30 in order to receive the first apportionment in August. Funds will be release to LEAs after confirming that the current plan and budget are posted at a designated Web address with a valid URL. LEAs may use the Year 2 or Year 4 current improvements plans or updated versions, for the required annual update. However, plan activities must be current and total LEAP Goal 2 updated budget for the entire entitlement for the subgrant year must be provided. Title III Limited English Proficient/Title III Immigrant Annual Plan with Budget Update Funding Process

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update  An LEA may use the LEAP Goal 2 template with budget columns for the required annual updates (See attached sample)  Please note, if an LEA uses the LEAP Goal 2 template without budget columns, the Title III projected budget for the entire entitlement for the subgrant year must be attached 8

TOM TORLAKSON State Superintendent of Public Instruction 9 Sample - LEAP Goal 2 with budget columns

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update  The CDE has developed a “Budget Update Sample Template” to use as an addendum to the multi-year LEAP Goal 2 (see attached sample ) 10

TOM TORLAKSON State Superintendent of Public Instruction 11

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update  This budget template is not designed to be used in lieu of a full LEAP Goal 2 revision, but as an update to Goal 2 (Title III) of the LEAP Plan  It addresses only the proposed fiscal element; the expenditures for the activities of the applicable subgrant  It does not satisfy or replace the required Title III Year 2 or Year 4 Improvement Plan  Activities identified in the LEAP annually projected budget must demonstrate that the funding is used to supplement the level of other federal, state, and local public funds 12

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2: Year 2 and Year 4 Improvement Plans If the entire projected budget for the subgrant year will be used to implement the improvement plan, the LEA may use the Year 2 or Year 4 Improvement Plan (LEAP Goal 2) to satisfy the annual update requirement 13

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2: Year 2 and Year 4 Improvement Plans If only a portion of the entitlement for the subgrant year will be used to implement the Year 2 or Year 4 Improvement Plan (LEAP Goal 2), the LEA may use this plan plus the Budget Update Template to completely allocate the entire entitlement and satisfy the annual LEAP Goal 2 update requirement 14

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update The LEA must  provide an update of the goals and activities where such have changed  must identify the required and allowable activities to be implemented with the proposed Title III funds The LEAP Goal 2 must identify all items to be purchased in support of the activity in the projected budget for the entire entitlement of the subgrant year  This would include personnel, materials, programs and services consistent with the required and allowable activities of ESEA, Title III, Part A, Section 3115 and  are supplemental to other state, federal, and local funds 15

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update  The LEAP Goal 2 must identify the projected budgeted amounts for each activity identified to sufficiently implement the action to meet the LEA goals 16

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update Developing a Supplemental Title III Program Do all of the items in the LEAP Goal 2 and projected budget narrative meet the following criteria? Are the activities and expenditures allowable? Are the activities and expenditures allocable? Are the activities and expenditures reasonable, sufficient, and necessary to carry out subgrant functions? Should the activities and expenditures be included in the 2% limit because they are administrative costs? 17

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update 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 Uniform Guidance) 18

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update 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 trips, if part of high- quality language instruction educational program  Reasonable refreshments for parent outreach activities 19

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update 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 general fund base instructional program/service provided to all students? 2.What does the LEA do to meet Lau requirements? (Take appropriate action to overcome language barriers that impede equal participation in instructional programs) 3.What services is the LEA required to provide by other federal, state, and local laws or regulations? 4.Was the program/service previously provided with state, local or other federal funds? 20

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update Supplement, Not Supplant Requirement Questions to Ask When Considering Whether Title III Funds Can be used Without Violating the Supplement, Not Supplant Requirement Based on the answers to the previous 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 EL students (or be required to be provided by other laws/regulations) in the absence of a Title III grant? 21

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update Allowable or Not? Sample Personnel Activities  Portion of the salary of an assistant principal:  No, as the LEA is obligated to provide school leadership to run a school, and this individual would be required to work with all students, including EL students, in the absence of a Title III grant. All Administration would be in the 2 percent  Additional resource teacher who provides teachers support with integrating English Language Development into their lessons: Yes, if the LEA is able to demonstrate how this position is supplemental and would not be provided absent Title III funds 22

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update Allowable or Not? Sample Personnel Activities  Regular classroom teacher who delivers a child’s only language arts or ELD instruction:  No. The LEA is obligated to provide a core language instruction educational program to the student  Stipend to teacher to assess newly enrolled students for English language proficiency:  No, as the LEA is obligated to assess the English language proficiency of students identified under the Home Language Survey for placement and identification purposes 23

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update Allowable or Not? Sample Professional Development Activities  Stipend for a consultant to deliver ongoing PD on EL strategies beyond those of standards implementation: Yes, if training is above and beyond other training required under State law, and provided by LEA to teachers of ELs for the purposes and conditions of Section 3115  Payment of stipends for teachers to pay for substitutes so teachers may attend PD session described above: Yes, if training is consistent with the goals and conditions of Title III. Keep note that use of Title III funds for costs associated with training to administer the California English Language Development Test would be considered supplanting and not allowable 24

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update Allowable or Not? Materials (Sample)  Textbooks that serve as a child’s main mathematics or language arts textbook:  No. The LEA is responsible to provide this as part of the core educational program for all students  Supplementary textbooks or reference guides that supplement the LEA-provided textbook and are for specific EL instructional purposes: Yes, if the LEA can demonstrate that they are supplemental to the EL Program and consistent with the purposes of Title III  Office supplies for the EL student intake center:  No. Title III funds should only be used to support purchase of Title III-specific supplies for instruction, not supplies for the intake center 25

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update Allowable or Not? Activities (Sample)  ELD curriculum development: Yes, if the LEA can demonstrate that this curriculum development is above and beyond what is the adopted ELD Program  After school and/or summer programs: Yes, if the LEA can demonstrate that these programs are above and beyond what is provided for by the school, LEA, and State. Take note that students must have access to all programs for which they qualify  Parents ESL classes: Yes, if the LEA can demonstrate that these programs are consistent with the purposes of Title III as outlined in Section

TOM TORLAKSON State Superintendent of Public Instruction LEAP Goal 2 Update Allowable or Not? Assessments (Sample) Title I and Title III funds may not be used to administer the California English Language Development Test (CELDT) for progress because:  Title I does not specifically authorize this expenditure, which is necessary because the requirement applied to all EL students (not just Title I students)  Use of Title III funds for this purpose would violate the supplement, not supplant requirement since the CELDT is a requirement under Title I  Neither Title I nor Title III funds may be used to develop or administer CELDT for identification and placement purposes except that Title III funds may be used for identification and 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) 27

TOM TORLAKSON State Superintendent of Public Instruction Funding Eligibility  CDE staff will confirm that the updated LEAP Goal 2 including the proposed budgets for the entire entitlement for the subgrant year are posted at the URL provided before releasing any funds to LEA in 2015  16 28

TOM TORLAKSON State Superintendent of Public Instruction Funding Eligibility CDE must verify that plans contain:  Required activities  Allowable activities  Reasonable and necessary activities CDE will also verify that:  No additional administrative costs are interwoven into the activities  The entire entitlement for the subgrant year has been allocated  All subgrant activities are of supplemental nature 29

TOM TORLAKSON State Superintendent of Public Instruction Release of Funds In 2015–16 and each year thereafter, in order to receive the first apportionment in August  the LEAP Goal 2 including the projected budget for the entire entitlement for the subgrant year should be updated with all necessary content by June 30 The CDE will release Title III funds for the subgrant year to LEAs after confirming that:  there is an updated LEAP Goal 2 including the projected budget for the entire entitlement for the subgrant year  the LEA has provided a valid and direct Web link on CARS 30

TOM TORLAKSON State Superintendent of Public Instruction 2015−16 Funding Eligibility  LEAs that do not have a LEAP Goal 2 including a projected budget for the entire entitlement for the subgrant year are not eligible to receive Title III funds  Funding may be delayed to LEAs who do not provide approvable plan updates and/or links on CARS by June 30,

TOM TORLAKSON State Superintendent of Public Instruction 32 Supporting Documents Supporting documents are posted at:  Title IIII Accountability Requirements  Title III  CARS Web page  Office of Managements and Budget (OMB) Uniform Guidance at: eb05e33&node=2: &rgn=div5#se _134

TOM TORLAKSON State Superintendent of Public Instruction –15 Allocation Amounts Funding amounts (Entitlements), including Maintenance Of Effort (MOE) reductions are posted at:  LEP: The CDEs Funding Results Title III-LEP Student Subgrant Program Web page at  Immigrant: The CDEs Funding Results Title III Immigrant Education Subgrant Program Web page at

TOM TORLAKSON State Superintendent of Public Instruction 34 Title III Fiscal and Program Technical Assistance Contacts LEP & Immigrant  Fiscal Questions: Patty Stevens, Associate Governmental Program Analyst, or  Program Questions: Geoffrey Ndirangu, Education Programs Consultant, or Cash Management  Allocations, Apportionments and Cash Management Cash Management Data Collection System Questions: Karen Almquist, Educational Fiscal Services Consultant, or

TOM TORLAKSON State Superintendent of Public Instruction 35 Lilia G Sánchez Education Programs Consultant Language Policy and Leadership Office Title III Accountability Requirements and Technical Assistance Contact