1. CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Title III Fiscal and Program Guidance Accountability Institute for English Learners and Immigrant Students December 6-8, 2009 Burlingame, California Michele Anberg-Espinosa manbergespinosa@cde.ca.gov Monte Blair mblair@cde.ca.gov@cde.ca.gov

2. JACK O’CONNELL State Superintendent of Public Instruction 2 Purpose To provide guidance to Title III directors and fiscal personnel who manage Title III funding

3. JACK O’CONNELL State Superintendent of Public Instruction 3 Objectives of the Session To provide an overview of Title III Program and Funding Eligibility Determination Application Process The Funding Cycle End of Year Expenditure Reporting The Cash Management Schedule Supplement not Supplant Q and A

4. JACK O’CONNELL State Superintendent of Public Instruction 4 An Overview of Title III Part A: English Language Acquisition, Language Enhancement, and Academic Achievement AKA: Language Instruction for Limited English Proficient (LEP, referred to as English learners [EL] in California) and Immigrant Students Funded as: Elementary and Secondary Education Act (ESEA), Title III, Part A, LEP Student Subgrant Program; Standardized Account Code Structure ([SACS] 4201) ESEA, Title III, Part A, Immigrant Student Subgrant Program; (SACS 4203)

5. JACK O’CONNELL State Superintendent of Public Instruction 5 Purposes ESEA Section 3115(a)ESEA Section 3115(a) Title III Required Activities ESEA Sections 3115(c)(1) and (2)ESEA Sections 3115(c)(1) and (2)

6. JACK O’CONNELL State Superintendent of Public Instruction 6 Allowable Activities ESEA Sections 3115(d)(1)-(8)ESEA Sections 3115(d)(1)-(8) Immigrant Activities ESEA Section 3115(e)ESEA Section 3115(e)

7. JACK O’CONNELL State Superintendent of Public Instruction 7 Eligibility Determination Limited English Proficient Student Subgrant Program Go to the CDE Title III Web page at http://www.cde.ca.gov/sp/el/t3/ Local Educational Agency (LEA) must have one or more EL as reported on the March 2008 Language Census (R30) to receive 2009-10 funding.

8. JACK O’CONNELL State Superintendent of Public Instruction 8 Eligibility Determination Limited English Proficient Student Subgrant Program LEA EL Students Estimated Grant is $95 per student Application Status A 49$4,655.00C B 473 44,935.00DF C 3 285.00C D 2,331 221,445.00DF E 685 65,075.00DF

9. JACK O’CONNELL State Superintendent of Public Instruction 9 Eligibility Determination Limited English Proficient Student Subgrant Program 2009-10 Funding based on Language Census (R-30) in March 20082009-10 Funding based on Language Census (R-30) in March 2008 Future years funding will be based on numbers reported via California Longitudinal Pupil Achievement Data Systems (CALPADS)Future years funding will be based on numbers reported via California Longitudinal Pupil Achievement Data Systems (CALPADS) Direct funded if LEA generates $10,000 or moreDirect funded if LEA generates $10,000 or more If LEA generates less than $10,000, the LEA must join or form a consortium to participate in Title IIIIf LEA generates less than $10,000, the LEA must join or form a consortium to participate in Title III

10. JACK O’CONNELL State Superintendent of Public Instruction 10 Eligibility Determination Immigrant Student Subgrant Funding Program Go to the CDE Title III Web page at http://www.cde.ca.gov/sp/el/t3/ LEA must have one or more Immigrant students and the number of immigrant students must have grown 5 percent or more in comparison to the average of the two previous years. oSchool Districts, County Offices of Education and Direct-Funded Charter Schools submit the number of immigrant students in CALPADS oPrivate Schools submit the number of immigrant students on the Student National Origin Report (SNOR)

11. JACK O’CONNELL State Superintendent of Public Instruction 11 Eligibility Determination Immigrant Student Subgrant Funding Program 2009-10 funding is based on the March 2008 SNOR2009-10 funding is based on the March 2008 SNOR LEA qualifies when there is aLEA qualifies when there is a 5 percent or higher growth in comparison to average of two previous years

12. JACK O’CONNELL State Superintendent of Public Instruction 12 Eligibility Determination Immigrant Student Subgrant Funding Program Direct funded if LEA generates $10,000 or moreDirect funded if LEA generates $10,000 or more If LEA generates less than $10,000 the LEA may form or join a consortiumIf LEA generates less than $10,000 the LEA may form or join a consortium Once LEA qualifies, funding is provided for three yearsOnce LEA qualifies, funding is provided for three years

13. JACK O’CONNELL State Superintendent of Public Instruction 13 Eligibility Determination Immigrant Student Subgrant Funding Program LEA Prior Eligibility Latest Eligibility20062007 Avg. 06-072008Difference % Change Est. Grant Status- All A2006 1613146-8-57%$570C BNE20085974666935%$6,555C C2007 51359855641-515-93%$3,895C DNE 0136 Not Eligible E2007 343371357343-14-4%$32,585DF F200620084284034164705413%$44,650.DF G2005 199158178169-9-5% Not Eligible

14. JACK O’CONNELL State Superintendent of Public Instruction 14 California Longitudinal Pupil Achievement Data System http://www.cde.ca.gov/ds/sp/cl/ind ex.asphttp://www.cde.ca.gov/ds/sp/cl/ind ex.asp Contact CALPADS Operations Office at calpads@cde.ca.gov or please call 916-324-6738calpads@cde.ca.gov

15. JACK O’CONNELL State Superintendent of Public Instruction 15 Student National Origin Report Private Schools Fall Census Day is the first Wednesday of October (October 7, 2009). Spring Census Day is March 1, 2010 Private schools will receive a letter by February, 2010 with instructions regarding the electronic submission of the SNORPrivate schools will receive a letter by February, 2010 with instructions regarding the electronic submission of the SNOR to CDE between March 1, and April 1, 2010, not beforeReport the larger number to CDE between March 1, and April 1, 2010, not before If there are no Immigrant students, a report is still required for determining eligibility for future yearsIf there are no Immigrant students, a report is still required for determining eligibility for future years

16. JACK O’CONNELL State Superintendent of Public Instruction 16 The Application Process You must apply to receive funds! LEAs generating $10,000 or more apply via the ConApp I, page 2 LEAs generating less than $10,000 apply via consortia and must be submitted on the Title III Web pages See the CDE Title III Web pages for details: LEP: http://www.cde.ca.gov/sp/el/t3/lep.asp Immigrant: http://www.cde.ca.gov/sp/el/t3/immigrant.asp

17. JACK O’CONNELL State Superintendent of Public Instruction 17 Consortia The Application Process: Consortia Memorandum of Understanding One for the entire consortium is recommendedOne for the entire consortium is recommended The lead LEA controls the funds; this is not a pass-through grantThe lead LEA controls the funds; this is not a pass-through grant °The member LEAs do not have spending authority °Members receive program, products, and/or services from the lead LEA

18. JACK O’CONNELL State Superintendent of Public Instruction 18 Consortia The Application Process: Consortia Lead LEA acts as fiscal and program agent For entire 27 month period per award yearFor entire 27 month period per award year °Expenditure reports °Cash management requirements (80 percent) (80 percent) Enters into an MOU with member districtsEnters into an MOU with member districts Provides services, program and/or products to members through MOUProvides services, program and/or products to members through MOU

19. JACK O’CONNELL State Superintendent of Public Instruction 19 Consortia The Application Process: Consortia Lead LEA acts as fiscal and program agent, continued Not a “pass-through” grant. MOU must be adhered toNot a “pass-through” grant. MOU must be adhered to Both LEP and Immigrant rules for forming consortia are the sameBoth LEP and Immigrant rules for forming consortia are the same Consortia members and leads apply through an online application byConsortia members and leads apply through an online application by June 30, 2009 Lead LEA reports on the ConApp for the entire consortium.Lead LEA reports on the ConApp for the entire consortium.

20. JACK O’CONNELL State Superintendent of Public Instruction 20 Overall Funding Cycle Award is for 15 months For Fiscal Year (FY) 2007-08: July 1, 2007 through Sept. 30, 2008 12 months is allowed for carryover For FY 2007-08: Oct. 1, 2008 through Sept. 30, 2009. After 27 months authority to spend ceases For FY 2007-08: September 30, 2009.

21. JACK O’CONNELL State Superintendent of Public Instruction 21 Expenditure Reporting All expenditure reporting is done electronically °ConApp I, June 30; ConApp II, January 31 °End of Year Expenditure Report on the CDE Title III Web page on October 15 Report expenditures by FY of allocation, not current FY (e.g., Although you may not have received apportionments for your FY 2008-09 award until FY 2009-10, report as FY 2008-09 expenditures) Report how much of total allocation was spent (not including carryover)

22. JACK O’CONNELL State Superintendent of Public Instruction 22 Expenditure Reporting: Administrative and Indirect Charges LEP: Administrative AND Indirect costs limited to two percent of total student sub-grant Immigrant: The LEA is authorized to assess its approved indirect cost rate for FY 2009-10 on the remaining portion of the grant after the administration costs have been assessed. A list of approved indirect cost rates is available at the CDE Indirect Cost Web page at http://www.cde.ca.gov/fg/ac/ic/index.asp New grant plus carryover can be used to calculate 2 percent set aside for administration

23. JACK O’CONNELL State Superintendent of Public Instruction 23 The Cash Management Schedule Payments are released if the cash management threshold is met (80 percent of prior released funds) Payments of 40 percent, 40 percent and 20 percent of award

24. JACK O’CONNELL State Superintendent of Public Instruction 24 Supplement not Supplant in Brief –General Principle In general, the Title III supplement not supplant requirement is intended to ensure that services provided with Title III funds are in addition to, and do not replace or supplant, services that students would otherwise receive

25. JACK O’CONNELL State Superintendent of Public Instruction 25 Title III Supplement, not Supplant Requirement 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 children and immigrant children and youth [Section 3115(g) of ESEA]

26. JACK O’CONNELL State Superintendent of Public Instruction 26 The First Test of Supplanting: “Required by Law” A 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

27. JACK O’CONNELL State Superintendent of Public Instruction 27 The Second Test of Supplanting: “Prior Year” An LEA uses Title III funds to provide services that it provided in the prior year with State, local, or other Federal funds

28. JACK O’CONNELL State Superintendent of Public Instruction 28 Supplement, not Supplant Considerations at the LEA and School Levels Any determination about supplanting is very fact specific, and it is difficult to provide general guidelines without examining the details of a situation

29. JACK O’CONNELL State Superintendent of Public Instruction 29 How Can Title III Funds be Used Without Violating the Supplement not Supplant Requirement? Questions to Ask: 1.What is the instructional program/service provided to all students? 2. What does the LEA do to meet Lau requirements?

30. JACK O’CONNELL State Superintendent of Public Instruction 30 Questions to Ask: (continued) 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, or Federal funds?

31. JACK O’CONNELL State Superintendent of Public Instruction 31 Questions to Ask: (continued) 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 in the absence of a Title III grant?

32. JACK O’CONNELL State Superintendent of Public Instruction 32 Supplement, not Supplant Resources: http://www.ed.gov/programs/sfgp/legislation.html http://www.ed.gov/programs/sfgp/supplefinalattach2.pdf

33. JACK O’CONNELL State Superintendent of Public Instruction 33 Questions and Answers ?

34. JACK O’CONNELL State Superintendent of Public Instruction 34 Limited English Proficient Student Subgrant Program Questions Fiscal Questions: Please contact Patty Stevens, Associate Government Program Analyst, at 916-323-5838 or by e-mail at pstevens@cde.ca.gov Programmatic questions:Please contact Michele Anberg-Espinosa, Bilingual/Migrant Education Programs Consultant at 916-323-4872 or by e-mail at manbergespinosa@cde.ca.gov

35. JACK O’CONNELL State Superintendent of Public Instruction 35 Immigrant Student Subgrant Program Questions Fiscal Questions: Please contact Clifton Davis, Jr. Associate Government Program Analyst, at 916-323-5208 or by e-mail at cdavis@cde.ca.gov Programmatic questions: Please contact Monte Blair, Education Programs Consultant at 916-323-5124 or by e-mail at mblair@cde.ca.gov