1. Title III Supplemental Guidance & Allowable Expenses Jacqueline A. Iribarren, Ph.D. Title III Consultant Fall 2013

2. 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))

3. The First Test of Supplanting: Required by Law The USDE 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

4. The Second Test of Supplanting: Prior Year The Department assumes supplanting exists if – An LEA uses Title III funds to provide services that it provided in the prior year with State, local, or other Federal funds. (This assumption may be rebutted)

5. Questions to Ask regarding 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?

6. Bottom Line: 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 in the absence of a Title III grant?

7. Allowable Expenditures & Activities

8. Costs of Activities must be: The federal criteria… Reasonable Allocable Allowable

9. Points to Consider if your district receives Bilingual/Bicultural State-aid T3 funds are supplemental to existing bilingual-bicultural programs (state-aid).

10. What is? Reasonable: Activity 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 co

11. What is? 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.

12. What is? Allowable: A cost is allowable if it is necessary and reasonable for proper and efficient performance of the award and allocable to the award.

13. MAY be allowable costs: 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

14. MAY be allowable costs: Tickets and transportation for educational field trips, if part of high-quality language instructional educational program Reasonable refreshments for parent outreach activities

15. How about Salaries/Positions? Not Allowed Core Instructional services/programs Coordinating Administration Clerical

16. How about Salaries/Positions? Allowed (above and beyond current positions & require different job descriptions) Consultant PD provider Instructional coach Mentor