Title III Grants

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Introduction

1.What is the purpose of Title III as reauthorized by the No Child Left Behind Act of 2001?

Part A of Title III is officially known as the English Language Acquisition, Language Enhancement, and Academic Achievement Act. Section 3102 lists nine purposes of the law. The overarching purpose is to ensure that limited-English-proficient (LEP) students, including immigrant children and youths, attain English proficiency and meet the same challenging academic content and achievement standards that other students are expected to meet.

LEAs must use Title III funds to implement language instruction educational programs designed to help LEP students achieve standards. The state educational agency (SEA), LEAs, and schools are accountable for increasing the English proficiency and core academic content knowledge of LEP students.

2.What achievement standards apply to LEP students under Title III?

SEAs, LEAs, and schools are required to hold LEP students to the same academic content and achievement standards established for all children. Additionally, LEP students must meet annual English language development objectives (Title I, Section 1111(b)(1), and Title III, Section 3122(a)(1)).

3.How will the U.S. Department of Education determine the amount of the Title III grant to award to West Virginia?

The U.S. Department of Education determines the grant award to the states by using a formula based on the number of LEP and immigrant students enrolled in the state. Beginning with fiscal year 2005, the U.S. Department of Education will use American Community Survey data to determine this count, pursuant to the Elementary and Secondary Education Act (ESEA) Section 3111(c). The SEA may reserve $175,000 for administering the program and the remaining apportionment will be allocated as subgrants to eligible LEAs serving LEP and immigrant students (Title III, Section 3111(c)(3)).

4.Must an LEA reapply each year for Title III funds?

Yes, eligible LEAs must indicate their acceptance of Title III funds and ensure compliance with Title III statute and regulations each year through the state’s online Strategic Plan Title III application (Title III, sections 3114, 3115, 3116, 3121, and 3123).

Funding of Subgrants to Local Educational Agencies

1.Which LEAs are eligible for LEP and/or immigrant student subgrants?

LEAs include school districts that enrolled one or more LEP and/or immigrant students during the previous year (Title III, Section 3114(a)(d)). In the case of immigrant education funds, the LEA must also meet the enrollment criteria for eligible immigrant students. (See Section F for details.)

2.Are private schools eligible to receive Title III funds?

No, since private schools are not LEAs, they are not eligible to receive Title III funds. However, LEP and immigrant students enrolled in private schools may receive Title III services provided by public schools in their geographical jurisdiction (Title IX, Section 9501). Please see Section C, Private Schools, and Section F, Immigrant Education Program, for additional details on private school participation.

3.What is the process for private schools to participate in Title III LEP programs?

Title IX, Section 9501, requires LEAs to consult in a timely and meaningful manner with private schools and determine which private schools request participation. Services must be provided on an equitable basis. Additional details are provided in Section C, Private Schools, and Section F, Immigrant Education Program.

4.How does the West Virginia Department of Education allocate Title III funds to eligible LEAs?

The Department provides subgrants to LEAs for LEP and eligible immigrant students on the basis of a formula.

5.Which types of subgrants will states make to eligible LEAs?

Under Section 3114 of Title III, there are two types of subgrants that the state can give to LEAs:

Formula subgrants for LEP students: LEAs are eligible for subgrants on the basis of the number of LEP students enrolled in schools served by the LEA. The number of LEP students is annually submitted to the West Virginia Department of Education through the West Virginia Electronic Information System (WVEIS).

Set-aside subgrants for immigrant students: LEAs that have experienced a significant increase (at least five percent) in the number of immigrant children enrolled in public and nonpublic schools in their jurisdiction are eligible for subgrants. The number of eligible immigrant students is annually submitted to the West Virginia Department of Education through WVEIS reports..

6.If eligible, may an LEA receive a Title III subgrant for both LEP students and eligible immigrant students?

Yes. Because most (but not all) immigrant students are also identified as LEP students, LEAs that are eligible for an immigrant education subgrant will also receive an LEP student subgrant under Title III.

7.How does an LEA apply for LEP student funds under Title III?

The West Virginia Department of Education’s application forms and instructions to all LEAs eligible for Title III subgrants are included in the state’s online 5 Year Strategic Plan (see ). To be eligible for a direct-funded LEP student subgrant, LEAs must be scheduled to receive a subgrant of $10,000 or more. LEAs that are scheduled for a subgrant of $10,000 or more will apply though the 5 Year Strategic Plan Application.

If an LEA is scheduled to receive an LEP student subgrant of less than $10,000, the LEA must enter into an agreement to form and/or join a consortium in which the total amount of the subgrants of members of the consortium collectively total $10,000 or more. Consortium lead and member LEAs will apply directly to the Office of ESL for LEP student subgrants. In the case of a consortium of LEAs, only the lead LEA is the grantee. (Title III, Section 3114).

8.Is an LEA that receives an LEP student subgrant under Title III required to submit a Report of how it used the funding?

At the conclusion of each school year, each LEA may be required to submit a final annual fiscal report of all Title III expenditures on LEP students.

9.Is there a cap on the amount of Title III funds that can be used for the administration of the LEP student program?

Yes, the Title III statute specifies a two percent cap on administrative costs in the LEP student subgrant program (Title III, Section 3115(b)). Please see Section C, Private Schools, for additional details on program administrative costs.

10.Is carryover of Title III LEP student funds allowed?

Yes, reasonable carryover of Title III LEP student funds is allowed for an additional 12-month period beyond the original grant period. For example, for funds granted for the 2004-05, school year (July 1, 2004, to June 30, 2005), carryover is allowed until June 20, 2005. Please see Section C, Private Schools, for additional details on carryover funds. However, excessive carryover (as indicated in the annual Final Fiscal Report) may negatively impact the approval of the subsequent year’s funding.

11.What fiscal procedures should be taken when a direct-funded LEA or consortium-partner LEA discontinues participation in Title III?

When an LEA submits a Title III application, it agrees to participate in the program for the duration of a particular school year. If, at the end of the school year (June 30th) in question, there are unexpended funds, then carryover of the funds is allowed for another 12-month period. These funds are earmarked for supplementary programs and services to LEP and/or eligible immigrant students in the LEA that originally generated the funds even if the LEA is no longer participating in the Title III program in the current school year. If, at the end of the 12-month carryover period, an unexpended balance remains, these funds must be returned to the West Virginia Department of Education. No additional carryover authority may be granted.

Private Schools

1.Are LEP students in private schools eligible to receive Title III LEP programs, services, and products?

Yes, as long as the LEP students are identified in an appropriate manner and the private school has developed a memorandum of understanding (MOU) with the LEA of geographic jurisdiction, LEP students in a private school may participate in programs and receive services and products funded by Title III (Title IX, Part E, Section 9501).

Private schools may not receive funds directly but must make arrangements through the MOU to receive programs, services, and products from the LEA.

2.What process should be used to identify LEP students in private schools?

The West Virginia Department of Education recommends that private schools make an agreement with the LEA to use procedures similar to those used by public schools to identify private school students eligible for Title III services. The LEA is responsible for the oversight and costs of initial identification. The process is as follows:

The private school should identify those pupils being considered for participation in the Title III program and administer a Home Language Survey that is to be completed by the parent or guardian of selected private school students. Private schools should use the same version of the Home Language Survey used by the LEA. If a language other than English is indicated on the Home Language Survey, an English language proficiency assessment should be administered to determine whether the student is limited-or fluent-English proficient.

Private schools may wish to further assess identified LEP students in their primary language to diagnose needs and determine the best strategies to assist students in furthering their English language proficiency.

3.How much of an LEA's Title III funds for LEP students may be used to support programs, services, and products for them in private schools?

The No Child Left Behind Act specifies that assistance to LEP students in private schools should be "comparable" to that of LEP students in public schools (Title IX, Part E, Section 9501).

The recommended method to determine comparability is to use the per pupil allocation of Title III LEP student funds as the basis for the cost of Title III products and services in the private school. For example, assuming a per pupil allocation of $80, the private school would receive an equivalent amount of products and services for each of the LEP students served. If five LEP students were identified in the private school, then that private school would receive approximately $400 worth of products and services.

4.Do LEAs receive Title III funds for LEP students served in private schools?

Yes, the WVDE will collect data on the number of LEP students enrolled and reported in private schools that receive Title III programs and services. The WVDE aggregates these data to the enrollment counts of LEP students reported by each LEA via the annual WVEIS report to determine the level of Title III funding for each LEA.

5.Which private school students are eligible for Title III services and/or products?

At the beginning of each school year, a private school may nominate for screening any student it feels will benefit from Title III services. The Home Language Survey should be completed by the parents of all students nominated by the private school. Based on the results of the Home Language Survey, those students with a primary language other than English should be assessed with the English language proficiency examination selected by the LEA in consultation with the private schools. Students found to be limited in English (LEP) are eligible for Title III services and/or products.

Once identified as LEP, a private school may request that a student continue to receive Title III services in subsequent school years until the student attains English proficiency as determined by the English language proficiency test

.

6.What information should be included in the MOU?

The MOU should indicate the name of the LEA and private school in question. The MOU should also contain the number of LEP students identified in the private school; the types of programs, services, or products to be provided; and the corresponding costs of each item. Timelines should be given for the provision of programs, services, and products (Title IX, Part E, Section 9501).

A clause should be included in the MOU specifying that if the private school does not avail itself of the scheduled programs, services, or products by a fixed date (e.g., May 1 of each year), the Title III LEP student funds set aside for the private school shall revert to the public school agency for use with public school LEP students.

7.Do the Title III accountability measures apply to LEP students in private schools?

No, private schools are not required to meet the Title III accountability requirements and Annual Measurable Achievement Objectives (AMAOs) will not be computed for private schools.

8.Must private school LEP students be assessed annually?

Yes, the English proficiency of private school LEP students needs to be assessed annually to determine their continued eligibility for Title III services.

9.What is the complaint process for participation of private school children?

Section 9503 of Title IX, Part E of the No Child Left Behind Act contains the specific provisions governing the complaint process. A good faith attempt should be made by the local public school agency and the private school to resolve any dispute that may arise. If, after a reasonable period of time no resolution is reached, the private school may submit a formal written complaint to the West Virginia Department of Education. Additionally, if the private school wishes to appeal the decision of the local public school agency, an appeal can be made to the West Virginia Department of Education.

10.Must a Title III program design be the same for both public and private schools?

No, if the needs of the private school are different from those of the public school, the LEA, in consultation with private school officials, must develop a separate program design that is appropriate for their needs. Consultation and coordination between LEA and private school officials are essential to ensure a high-quality program that meets the needs of the students being served and assists those students in attaining English proficiency and meeting the same challenging standards as all students are expected to meet.

11.Does the Title III requirement on language qualifications of teachers also apply to teachers providing services to private school students?

Yes, like teachers serving public school LEP students, any teacher providing Title III instructional services must be fluent in English and any other language used for instruction, including having written and oral communications skills. (Title III, Section 3116 (c)).

12.Who maintains control of Title III materials and equipment?

NCLB Sec. 9501 states that the LEA or consortium maintains control of the federal funds used to provide services to private schools. It also maintains title to materials, equipment, and property purchased with those funds. LEAs or consortia may allow the private schools to keep the items from year to year, in accordance with approved activities specified in the MOU, so long as appropriate records are maintained

Use of Funds

1.How much of an LEA subgrant under Section 3114(a) may be used for administrative services?

As specified in Section 3115(b), an LEA may use no more than two percent of LEP student funds for the administrative costs.

2.May an LEA carry over Title III funds from one school year to another?

LEAs may carry over Title III funds for one year beyond the original year of funding. For example, in the case of a subgrant allocated for the 2004-05 school year (July 1, 2004, to June 30, 2005), the LEA may carry over funds from this particular allocation until June 30, 2006. Any 2004-05 funds not encumbered or expended by June 30, 2006, must be returned through the West Virginia Department of Education to the U.S. Department of Education (Tydings Amendment of General Education Provisions Act, Section 76.709 of Education Department General Administrative Regulations).

3.Must Title III LEP student funds follow the LEP students?

Not necessarily. Although the amount of funds allocated to an LEA is based on a formula subgrant with a specified amount for each LEP student identified and enrolled, the funds do not have to follow the students in a proportional manner. The LEA has the flexibility to determine where and how the funds will be used for allowable activities on the basis of the needs of its LEP student population (Title III, Section 3115).

4.How may the Title III LEP student funds be used?

LEP student funds must be used to increase the English proficiency of LEP students by providing high-quality language instruction educational programs. These programs must be based on scientific research that demonstrates the effectiveness of the programs in increasing English proficiency and student academic achievement in the core academic subjects. These programs must also provide high-quality professional development to teachers, principals, administrators, and other school or community-based organizational personnel (Title III, Section 3115). In addition to these required activities, there are eight additional authorized activities. A full list of required and authorized expenditures may be found in Section 3115(c), (d) of Title III. These services may be provided directly by the LEA, another LEA, institutions of higher education, community-based organizations, or private sector entities in any combination.