Program Specific Scope and Conditions - Title I, Part A
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Title I funds must be used to provide services and benefits to eligible children residing or enrolled in
eligible school attendance areas.
In order to be eligible for the receipt of Title I funds, the LEA must submit a consolidated plan for the
expenditure of the funds in accordance with the provisions of WVC §18-2E-5.
An LEA may use program funds only to supplement and, to the extent practical, increase the level of
funds that would, in the absence of the Federal funds, be made available from non-Federal sources
for the education of participating students. In no case, may an LEA use Federal program funds to
supplant funds from non-Federal sources.
An LEA may receive Title I, Part A funds only if the SEA finds that the combined fiscal effort per
student or the aggregate expenditures of the LEA from State and local funds for free public education
for the preceding year was not less than 90% of the combined fiscal effort or aggregate expenditures
for the second preceding year, unless specifically waived by ED.
An LEA must obligate Title I funds during the 27 months, extending from July 1 of the fiscal year for
which the funds were appropriated through September 30 of the second following fiscal year. This
maximum period includes a 15-month period of initial availability plus a 12-month period for carryover.
An LEA that receives $50,000 or more in Title I, Part A funds may not carry over beyond the initial 15
month period of availability more than 15% on its Title I, Part A funds.
An LEA may receive Title I funds only if State and local funds will be used in participating schools to
provide services that, taken as a whole, are at least comparable to services that the LEA is providing
in school not receiving Title I, Part A funds. An LEA is considered to have met the statutory
comparability requirements if it files with the SEA a written assurance that such LEA has implemented
(1) an LEA-wide salary schedule; (2) a policy to ensure equivalence among schools in teachers,
administrators, and other staff; and (3) a policy to ensure equivalence among schools in the provision
of curriculum materials and instructional supplies.
An LEA must determine which school attendance areas are eligible to participate in Part A funding.
An LEA must generally allocate Part A funds to each participating school attendance area or school,
in rank order, on the basis of the total number of children from low-income families residing in the
area or attending the school.
An LEA must serve eligible schools or attendance areas in rank order according to their percentage
of poverty. An LEA must serve those areas or schools above 75% poverty, including any middle or
high schools, before it serves any with a poverty-percentage at or below 75%.
An LEA may also designate and serve a school in an ineligible attendance area if the percentage of
children from low-income families enrolled in that school is equal to or greater than the percentage of
such children in a participating school attendance area.
In a Title I school-wide program, a school is not required to provide supplemental services to
identified children. Such a school, however, is required to use funds available under Title I and any
other Federal program to supplement the total amount of funds that would, in the absence of the
Federal funds, be made available from non-Federal sources for that school, including funds needed
to provide services that are required by law for children with disabilities and children with limited
English proficiency.
LEAs that have schools that have been identified as needing improvement must target funds for
choice-related transportation and supplemental educational services.
Program Specific Scope and Conditions - Title II, Part A
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In order to be eligible for the receipt of Title II, Part A funds, the LEA must submit a consolidated
plan for the expenditure of the funds in accordance with the provisions of WVC §18-2E-5 and the
Elementary and Secondary Education Act as amended by the No Child Left Behind Act of 2002 and
provisions of EDGAR 34CFR, Parts 76, 77, 79, 80, 81 and 85.
An LEA may use program funds only to supplement and, to the extent practical, increase the level of
funds that would, in the absence of the Federal funds, be made available from non-Federal sources.
In no case, may an LEA use Federal program funds to supplant funds from non-Federal sources.
An LEA may receive Title II, Part A funds only if the SEA finds that the combined fiscal effort per
student or the aggregate expenditures of the LEA from State and local funds for free public
education for the preceding year was not less than 90% of the combined fiscal effort or aggregate
expenditures for the second preceding year, unless specifically waived by ED.
An LEA must obligate Title II, Part A funds during the 27 months, extending from July 1 of the fiscal
year for which the funds were appropriated through September 30 of the second following fiscal
year. This maximum period includes a 15-month period of initial availability plus a 12-month period
for carryover.
An LEA that receives $50,000 or more in Title II, Part A funds may not carry over beyond the initial
15 month period of availability more than 15% on its Title II, Part A funds.
Program Specific Requirements - Title III, Part A:
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The objectives of Title III, Part A of the Elementary and Secondary Education Act (ESEA) is to: (1)
improve the education of limited English proficient (LEP) children and youths by helping them learn
English and meet challenging state academic content and student academic achievement standards, and
(2) to provide enhanced instructional opportunities for immigrant children and youths.
SEAs may make two types of subgrants available to LEAs: (1) for school districts that have experienced a
significant increase in the number of immigrant children and youth in their schools, and (2) for school
districts to use to serve LEP students. This grant is being provided to serve LEP students.
LEAs must use their limited English proficient (LEP) subgrants to support activities that increase the
English proficiency and academic achievement of LEP children by providing high-quality language
instruction educations programs that are based on scientifically based research.
An LEA receiving an LEP subgrant may use no more than 2% of the subgrant for administrative costs.
Since indirect costs are a part of administrative expenses, indirect cost charges cannot exceed 2% of
grant expenditures.
The LEA hereby assures the State Superintendent of Schools, by accepting this grant, that:
o The Title III program will comply with all state statues and federal law. Appropriate records will be
provided to the State Educational Agency (SEA) as needed for fiscal audit and program
evaluation.
o The LEA will achieve and maintain comparability.
o Funds made available through this statute will be used to supplement and not supplant funds
from non-federal sources.
o The state and local fiscal combined effort per student will be maintained with not less than 90
percent of the amount being used for computing the effort in subsequent years.
o The LEA consulted with teachers, researchers, school administrators, and parents, and if
appropriate, with institutions of higher education and education-related community groups and
nonprofit organizations, in developing the Title III plan.
o The LEA will provide appropriate parental notification regarding the identification and placement
of Title III served students as specified in section 3302 of the statute.
o The LEA will provide services to eligible children attending private elementary and secondary
schools, and timely and meaningful consultation will occur with private school officials regarding
services.
o The LEA ensures that all LEP children participate in the state’s annual assessment of English
proficiency of LEP students.
o The LEA ensures that the results from the English Language Proficiency assessments will be
provided to parents and teachers as soon as is practicably possible after the test is taken, in an
understandable and uniform format and, to the extent practicable, provided in a language that the
parents can understand.
o The LEA ensures that all teachers in any language instruction educational program that is or will
be funded under Title III are fluent in English and any other language used for instruction,
including having written and oral communication skills.
Program Specific Scope and Conditions – Title VI, Part B, Subpart 2 - Rural and Low Income Schools
(RLIS)
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In order to be eligible for the receipt of Title VI, Part B, Subpart 2 - RLIS funds, the LEA must submit a
consolidated plan for the expenditure of the funds in accordance with WVC §18-2E-5 and the
Elementary and Secondary Education Act (ESEA) as amended by the No Child Left Behind Act of
2002 and provisions of EDGAR 34CFR, Parts 76, 77, 79, 80, 81, 82, 85, 97, 98 and 99.
An LEA may use program funds only to supplement and, to the extent practical, increase the level of
funds that would, in the absence of the Federal funds, be made available from non-Federal sources.
In no case, may an LEA use Federal program funds to supplant funds from non-Federal sources.
An LEA may receive Title VI, Part B, Subpart 2 - RLIS funds only if the SEA finds that the combined
fiscal effort per student or the aggregate expenditures of the LEA from State and local funds for free
public education for the preceding year was not less than 90% of the combined fiscal effort or
aggregate expenditures for the second preceding year, unless specifically waived by ED.
An LEA must obligate Title VI, Part B, Subpart 2 - RLIS funds during the 27 months, extending from
July 1 of the fiscal year for which the funds were appropriated through September 30 of the second
following fiscal year. This maximum period includes a 15-month period of initial availability plus a
12-month period for carryover.
An LEA that receives $50,000 or more in Title VI, Part B, Subpart 2 - RLIS funds may not carry over
beyond the initial 15 month period of availability more than 15% on its Title VI, Part B, Subpart 2 RLIS funds.
General Requirements - Federal Grants and Awards:
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Proposed Budgets:
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Allowable Costs:
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Grantees must follow all applicable statutory and regulatory requirements in determining whether costs
are reasonable and necessary, especially the Cost Principles for Federal grants set out at 2 CFR Part
225 (OMB Circular A-87, State, Local, and Indian Tribal Governments),
(http://www.gpo.gov/fdsys/pkg/CFR-2011-title2-vol1/xml/CFR-2011-title2-vol1-part225.xml); 2 CFR Part
220 (OMB Circular A-21, Educational Institutions), (http://www.gpo.gov/fdsys/pkg/CFR-2011-title2vol1/xml/CFR-2011-title2-vol1-part220.xml); and 2 CFR 230 (OMB Circular A-122, Non-Profit
Organizations) (http://www.gpo.gov/fdsys/pkg/CFR-2011-title2-vol1/xml/CFR-2011-title2-vol1part230.xml).
Cash Management:
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Proposed budgets must be submitted for approval by the WVDE by the specified deadlines, using the
West Virginia Education Information system (WVEIS).
Funds provided under this grant may be used solely for the objects of expenditure described in the
approved budget.
Revisions to the approved budget are to be submitted prior to the expenditures being made using the
budget revision procedures issued by the WVDE.
Subrecipients are required to comply with the Cash Management Improvement Act of 1990 and EDGAR
standards Part 80 when requesting funds.
Time and Effort Requirements:
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Under 2 C.F.R. Part 225 (formerly Office of Management and Budget (OMB) Circular A-87), all charges
for salaries and wages to federal awards, whether treated as direct or indirect costs, must be documented
in accordance with generally accepted practice of the governmental unit and approved by a responsible
official(s) of the governmental unit.
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For employees whose salary is supported by only one Federal program or cost objective, time and
effort documentation may be fulfilled by the filing of a semiannual certificate or by other simplified
means.
For employees whose salary is supported by multiple Federal programs or cost objectives, OMB
Circular 87 has required that the employees complete monthly personnel activity reports (PARs) or
timesheets to fulfill the time and effort documentation requirements. The circular, however,
authorizes the use of substitute systems for allocating salaries and wages in place of PARs. ED has
recently granted SEAs permission to implement a substitute system for time-and-effort reporting
under which alternative documentation, such as a teacher’s course schedule, is acceptable.
Additional information will be provided as it is developed.
Special Conditions for Disclosing Federal Funding:
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The grant recipient shall acknowledge the funding source used for all materials developed or purchased,
training delivered, and/or equipment purchased with federal grant funds.
o
When issuing statements, press releases, requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part with Federal money, all grantees receiving
Federal funds included in this Act, including but not limited to State and local governments and recipients
of Federal research grants, shall clearly state:
1) The percentage of the total costs of the program or project which will be financed with Federal
money;
2) The dollar amount of Federal funds for the project or program; and
3) Percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.
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Requirements Regarding the Use of Grant Funds for Conferences and Meetings:
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Grant funds may be used to pay for the cost of hosting or attending conferences, workshops or meetings.
Subrecipients, however, must take into account the following factors when considering the use of grant
funds for such activities:
1) Ensure that attending or hosting a conference or meeting is consistent with its approved application
and is reasonable and necessary to achieve the goals and objectives of the grant;
2) Ensure that the primary purposed of the meeting or conference is to disseminate technical
information (e.g. provide information on specific programmatic requirements, best practices in a
particular field, or theoretical , empirical, or methodological advances made in a particular field;
conduct training or professional development; plan/coordinate the work being done under the grant);
and
3) Consider whether there are more effective or efficient alternatives that can accomplish the desired
results at a lower cost, for example, using webinars or video conferencing.
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When hosting a conference, workshop or meeting, a subrecipeint may not use grant funds to pay for food
for conference attendees unless doing so is necessary to accomplish legitimate meeting or conference
business.
Lobbying:
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As required by Section 1352, Title 31 of the U.S. Code, and implemented at 34 CFR Part 82, for persons
entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Sections
82.105 and 82.110, the subrecipient certifies to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
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This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Prohibition of Text Messaging and Emailing While Driving During Official Federal Grant Business:
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Federal grant recipients, subrecipients and their grant personnel are prohibited from text messaging while
driving a government owned vehicle, or while driving their own privately owned vehicle during official
grant business, or from using government supplied electronic equipment to text message or email when
driving.
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Debarment, Suspension, and Other Responsibility Matters:
o
As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85,
for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections
85.105 and 85.110, the subrecipeint certifies that it and its principals:
1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
2) Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of
this certification; and
4) Have not within a three-year period preceding this application had one or more public transaction
(Federal, State, or local) terminated for cause or default; and
o
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Central Contractor Registration and Universal Identifier Requirements:
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Subrecipients must provide the WVDE with their Data Universal Number System (DUNS) number, if the
number is not on file with the WVDE.
Nondiscrimination:
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Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach
an explanation to this application.
The subrecipient will comply Title VI of the Civil Rights Act of 1964(45 U.S.C. 2000D—4), Title IX of the
Education Amendments of 1972 (20 U.S.C. 1681—1683); Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794) and The Age Discrimination Act (42 U.S.C. 6101 et seq.)
Federal Funding Accountability and Transparency Act (FFATA):
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Non-LEA subrecipients must complete the attached Federal Funding Accountability and Transparency
Act (FFATA) report for every grant award that equals or exceeds $25,000 and return it to the WVDE with
the signed grant award notice. LEA subrecipients are not required to file this report.