Transcript of Serving English Language Learners with ESEA Title III, Part A Funds.
- Slide 1
- Serving English Language Learners with ESEA Title III, Part A
Funds
- Slide 2
- Presumption of Supplanting An auditor will presume that the SEA
or LEA violated the SNS requirement when the SEA or LEA uses Title
III funds to provide 1.Services that the SEA or LEA was required to
make available under other federal, state, or local law; 2.Services
that the SEA or LEA provided with other federal, state, or local
funds in the prior year; or 3.The same services to Title III
students as it provided to non-Title III students with non-Title
III funds. Source: See OMB Circular A-133 Compliance
Supplement
- Slide 3
- Title VI, Civil Rights Act of 1964 Resources Key Federal Court
Cases: Lau v. Nichols, 414 U.S. 563 (1974) Castaneda v. Pickard,
648 F.2d 989 (5 th Cir., 1981) Key OCR Guidance: 5/25/70 Memorandum
http://www.ed.gov/about/offices/list/ocr/docs/lau1970.html 12/3/85
Memorandum (Reissued 4/6/90)
http://www.ed.gov/about/offices/list/ocr/docs/lau1990_and_1985.html
9/27/91 OCR Policy
http://www.ed.gov/about/offices/list/ocr/docs/lau1991.html 2/17/11
DOJ Memorandum
http://www.justice.gov/crt/lep/AG_021711_EO_13166_Memo_to_Agencie
s_with_Supplement.pdf
- Slide 4
- USE OF TITLE III, PART A FUNDS Purpose Allocations Activities
SNS Guidance
- Slide 5
- Purposes of Title III ( 3101) To ensure that Limited English
Proficient (LEP) and immigrant students: Attain English proficiency
Develop high levels of academic attainment in English Meet the same
challenging State academic content and student achievement
standards as all students
- Slide 6
- Definition: Limited Eng. Proficient (LEP) ( 9101) 1.Age 3-21;
2.Enrolled/preparing to enroll in elementary or secondary school;
3.Not born in US or whose native language is not English; and 4.Has
difficulty in speaking, reading, writing or understanding English
sufficiently so that it can deny student the: 1.Ability to meet
proficient level on state assessments, 2.Ability to achieve in
classroom where language of instruction is English; or
3.Opportunity to participate fully in society.
- Slide 7
- Title III Equitable Services After timely and meaningful
consultation with appropriate private school officials, LEAs
receiving Title III funds must provide educational services to LEP
children and educational personnel in private schools that are
located in the geographic area served by the LEA. ( 9501) Title IX
Equitable Services Guidance (March 2009):
www2.ed.gov/policy/elsec/guid/equitableserguidance.doc
- Slide 8
- Title III & LEP Students in Private Schools To ensure
timely and meaningful consultation, the LEA must consult with
private school officials on issues such as: How LEP students needs
will be identified What services will be offered How, where, and by
whom the services will be provided How the services will be
assessed and how the results of the assessment will be used to
improve those services The size and scope of services Amount of
funds available for services How and when the LEA will make
decisions about the delivery of services
- Slide 9
- LEA-Required Activities 3115(c) High quality language
instruction educational programs that demonstrate effectiveness by:
Increasing English proficiency Student academic achievement in the
core academic subjects High-quality professional development
Improve instruction and assessment Enhance the ability of teachers
to understand and use curricula, assessment measures, and
instruction strategies Demonstrate effectiveness of professional
development Provide activities of sufficient intensity and
duration
- Slide 10
- LEA-Permissive Activities 3115(d) To achieve Title III purposes
by 1.Upgrading program objectives and effective instruction
strategies; 2.Improving the instruction program for LEP children by
identifying, acquiring, and upgrading curricula, instruction
materials, educational software, and assessment procedures;
3.Providing Tutorials and academic or vocational education for LEP
children; and Intensified instruction.
- Slide 11
- LEA-Permissive Activities (cont.) 3115(d) 4.Developing and
implementing elementary school or secondary school language
instruction education programs that are coordinated with other
relevant programs and services; 5.Improving the English proficiency
and academic achievement of LEP children; 6.Providing community
participation programs, family literary services, and parent
outreach and training activities to LEP children and their families
To improve English language skills of LEP children; and To assist
parents in helping their children improve their academic
achievement and becoming active participants in the education of
their children.
- Slide 12
- LEA-Permissive Activities (cont.) 3115(d) 7.Improving the
instruction of LEP children by providing for The acquisition or
development of educational technology or instructional materials;
Access to, and participation in, electronic networks for materials,
training, and communication; and Incorporation of the resources
described above into curricula and programs, such as those funded
under Title III-Part A. 8.Carrying other activities that are
consistent with the purposes of this section.
- Slide 13
- Title III SNS Provision, 3115(g) 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 LEP
children and immigrant children and youth and in no case to
supplant such Federal, State, and local public funds. INTENT: To
ensure services provided with Tier III funds are in addition to,
and do not replace or supplant, services that students would
otherwise receive.
- Slide 14
- USDE Supplanting Interpretation Title III funds unallowable
for: Developing and/or administering Title I ELP assessment NOTE:
State may use Title III State Activities funds for: Developing an
ELP assessment separate from ELP assessment required under Title I,
or Enhancing an existing ELP assessment required under Title I in
order to align it with the States ELP standards under Title III.
Developing and/or administering screening or placement assessments
Providing core language instruction educational programs and
services for LEP students Any determination about supplanting is
VERY fact specific.
- Slide 15
- QUESTIONS TO ASK RE: WHETHER TITLE III FUNDS CAN BE USED
WITHOUT VIOLATING THE SNS REQUIREMENT
- Slide 16
- From USDE Title III SNS Webinar: 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? 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?
- Slide 17
- RESOURCES 2011-2012 SASA Monitoring Protocol
http://www2.ed.gov/admins/lead/account/monitoring/indicators1112.pdf
http://www2.ed.gov/admins/lead/account/monitoring/indicators1112.pdf
Final Interpretations
http://edocket.access.gpo.gov/2008/pdf/E8-24702.pdf Office of Civil
Rights ELL Resources
http://www.ed.gov/about/offices/list/ocr/ellresources.html Office
of English Language Acquisition (OELA)
http://www.ed.gov/about/offices/list/oela/index.html
http://www.ed.gov/about/offices/list/oela/index.html National
Clearinghouse for English Language Acquisition and Language
Instruction Educational Programs http://www.ncela.us
http://www.ncela.us
- Slide 18
- ED Guidance on Title III SNS USDE Title III SNS Webinar, Dec.
2008 http://www.ncela.us/webinars/event/6/
http://www.ncela.us/webinars/event/6/ Follow-up to questions raised
at the LEP Partnership Meeting SASA Monitoring Findings 2008-2009:
http://www2.ed.gov/admins/lead/account/monitoring/reports09/index.html
http://www2.ed.gov/admins/lead/account/monitoring/reports09/index.html
2009-2010:
http://www2.ed.gov/admins/lead/account/monitoring/reports10/index.html
http://www2.ed.gov/admins/lead/account/monitoring/reports10/index.html
2010-2011:
http://www2.ed.gov/admins/lead/account/monitoring/reports11/index.html
http://www2.ed.gov/admins/lead/account/monitoring/reports11/index.html
2011-2012 :
http://www2.ed.gov/admins/lead/account/monitoring/reports12/index.html
http://www2.ed.gov/admins/lead/account/monitoring/reports12/index.html
2012-2013:
http://www2.ed.gov/admins/lead/account/monitoring/reports13/index.html
http://www2.ed.gov/admins/lead/account/monitoring/reports13/index.html