Creating a Shared Vision:
21st Century Learning
for Students with
Limited English Proficiency
Title I Conference
October 2011
Overview
• Title I and Title III Collaborative
Opportunities
– National changes
– West Virginia implications
• USDOE Guidance on Supplement
versus Supplant
What Are The Commonalities
of Titles I and III?
A. They meet in the middle…
Title II
B. Together they add up to …
Title IV
C. They both address Limited
English Proficient (LEP)
Student Achievement
What Are The Commonalities
of Titles I and III?
Title Title
I
III
C. They both address LEP
Student Achievement
Elementary and Secondary Education Act (ESEA) Program
Fact
Title I, Part A
Title III, Part A
Purpose
Improve the teaching and
learning of academically at-risk
children so they can acquire
the knowledge and skills
needed to meet the State’s
academic
achievement
standards.
Help ensure that limited English
proficient (LEP) children attain
English language proficiency and
acquire the knowledge and skills
needed to meet the State’s academic
achievement standards.
Elementary and Secondary Education Act (ESEA) Program
Requirement
Title I, Part A
Title III, Part A
Equitable Participation of Private
School Children
Title I, Part A
Section 1120 of ESEA: §§200.62 –
200.67, 200.77 – 200.78 of ED’s
Title I Regulations
Title III, Part A
Section 9501 of ESEA
Description: The requirements for
LEAs include:
 Providing equitable Title I, Part A
services to private school
children and their teachers and
families.
 Designing and implementing a
Title I program for private school
children and not delegating
authority to private schools.
 Consulting with private school
officials during the design and
implementation of the program
services provided with Title I
funds.
 Assessing the progress of
students enrolled in private
schools participating in Title I,
although their progress Is not
required to be measured based
on State assessments. Title I
students enrolled in private
schools are not included in Title I
annual measurable objectives
(AMOs).
 The equitable services
requirements for Title I, Part A
Description: The requirements for
LEAs include:
 Providing equitable Title III, Part A
services to private school children
and their teachers and families.
 Designing and implementing a
Title III program for private school
children and not delegating
authority to private schools.
 Consulting with private school
officials during the design and
implementation of the program
services provided with Title III
funds.
 Assessing the progress of LEP
students enrolled in private
schools participating in Title III,
though it need not be done using
the State English language
proficiency assessment. LEP
students enrolled in private
schools are not included in Title III
annual measurable achievement
objectives (AMAOs).
 The equitable services
requirements for Title III, Part A
are governed by section 9501 of
Elementary and Secondary Education Act (ESEA) Program
Requirement
Title I, Part A
Title III, Part A
Teacher Qualifications
Description:
Description:
Title I, Part A
 All students in each State,  All students in each State,
Section 1119 of ESEA
including students served
including students served
Title III, Part A
by Title I, Part A, must be
by Title III, Part A, must be
Section 3116(c) of ESEA
taught by highly qualified
taught by highly qualified
teachers in core academic
teachers in core academic
subjects.
subjects.
 Title III served LEAs must
include a certification in
their local plans that all
teachers in any language
instruction educational
program for LEP children
are fluent in English and
any other language used
for instruction, including
having written and oral
communication skills.
Elementary and Secondary Education Act (ESEA) Program
Requirement
Title I, Part A
Title III, Part A
Professional Development
Description:
Description:
Title I, Part A
 All LEAs receiving Title I,
 All LEAs receiving Title III,
Sections 1114 and 1115 of
Part A must ensure that
Part A funds must provide
ESEA
professional development
professional development.
Title III, Part A
is provided in SWP and TAS.  The professional
Section 3111 and 3115 of ESEA  In TAS the professional
development must be for
development must be for
classroom teachers,
classroom teachers,
administrators, and others
administrators, and others
who work with LEP
who work with Title I
students.
students.
Elementary and Secondary Education Act (ESEA) Program
Requirement
Title I, Part A
Title III, Part A
English Language Proficiency
Description: SEAs must
Description: The SEA must
Assessment
provide for an annual
ensure that LEAs provide for an
Title I, Part A
assessment of English
annual assessment of English
Section 1111(b)(7) of ESEA
language proficiency of all LEP language proficiency of all LEP
Title III, Part A
students in the State in grades students in the State in grades
Section 3113(b)(3)(D) and 3121 K-12 in the domains of
K-12 in the domains of
(d)(1) of ESEA
reading, writing, listening, and reading, writing, listening,
speaking.
speaking, and comprehension.
Title III also requires LEAs and
SEAs to report student
progress in English
comprehension. Although
Title III requires SEAs and LEAs
to be able to report a separate
score for the domain of
comprehension, a separate
assessment instrument is not
required for Title I and Title III.
Comprehension can be
demonstrated through reading
and listening.
Requirement
Elementary and Secondary Education Act (ESEA) Program
Title I, Part A
Title III, Part A
Parent Notification
Title I, Part A
Sections 1111, 1112, 1116,
and 1118 of ESEA;
§§200.30 – 200.53 of ED’s
Title I Regulations
Title III, Part A
Sections 3115, 3116, and
3302 of ESEA
Description: the information
parents must be provided
includes:
 The annual SEA/LEA report
card results;
 Individual student
assessment;
 Information on their right to
know about the qualification
of their child’s teachers;
 Schools/LEAs in the different
accountability stages;
 Public school choice and SES;
 Building and LEA parent
involvement policies;
 The parent compact;
 A notification similar to that
required under section 3302
of Title III for LEAs that use
Title I funds to provide LEP
students with a language
instruction educational
programs; and
 Information should be in an
understandable and uniform
Description: Parents must be provided:
 Information regarding a child’s
identification as LEP and placement in a
language instruction educational
program, including initial English
language proficiency assessment results
and program placement for LEP
students, as well as other information,
no later than 30 days after the beginning
of the school year;
 For a child who has not been identified
for participation in a language instruction
educational program prior to the
beginning of the school year, the LEA
must provide the notification regarding
identification and placement within two
weeks of the child being placed in such a
program.
 Separate notification if the LEA is Title III
funded and did not meet any one of the
three Title III AMAOs. This notification
must be provided to parents of children
identified for or participating in Title III
programs no later than 30 days after the
LEA receives information regarding
Elementary and Secondary Education Act (ESEA) Program
Requirement
Title I, Part A
Title III, Part A
PARENTAL INVOLVEMENT
Description:
Description:
Overview
 Title I, Part A provides for
 LEAs receiving subgrants under
Title I, Part A
substantive parental
the Title III State formula grant
Section 1111, 1112, 1116,
involvement, including the
program must implement
and 1118 of ESEA
development of the State and
effective outreach to parents of
Title III, Part A
local plan, evaluating the
LEP children to inform them of
Section 3302
effectiveness of the required
how they can be involved in
LEA parental involvement
their children’s education and
policy, and in implementing
how they can assist their
LEA and school improvement
children to learn English and
provisions to assist children
meet State content and
served by the program reach
academic achievement
proficiency on State
standards.
assessments.
 Examples of parental
 Examples of parental
involvement activities:
involvement activities:
o Assisting parents of LEP
o Assisting parents to help
students to help improve
improve their child’s
their child’s achievement;
achievement;
o Provide literacy training to
o Provide literacy training to
parents of LEP students;
parents when
and
appropriate; and
o Parent outreach to parents
o Parent outreach.
of LEP students.
State Implications
• How do state Title I and
Title III offices collaborate?
– Strategic Plan
– Consolidated Monitoring
– Systems of Support
– Technical Assistance
Supplement not Supplant
The Context
•The presentation will provide an
overview of the US Department of
Education’s guidance on use of Title I
and Title III funds
•The presentation also addresses
additional questions regarding the
use of Title III funds consistent with
the supplement not supplant
requirement.
14
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.
1. Required by law
2. Prior Year Funding
15
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]
16
The First Test of Supplanting:
Required by Law
The Department assumes supplanting
exists if• A local education 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.
17
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.
18
Any determination about supplanting is
very fact specific, and it is difficult to
provide general guidelines without
examining the details of a situation.
19
Supplement not Supplant
Practical Applications –
English Language Proficiency (ELP)
Assessment
Development and Administration
20
Use of ESEA Funds to Administer
State ELP Assessments
Title I and Title III funds may not be used to
administer State ELP assessments because:
• Title I does not specifically authorize this
expenditure, which is necessary because the
requirement applies to all LEP students (not
just Title I students).
• Use of Title III funds for this purpose would
violate the supplement not supplant
requirements since the ELP assessment is a
requirement under Title I.
An SEA may use Section 6111 funds to
administer State ELP assessments.
21
Use of ESEA Funds to Develop
and Administer ELP
Assessments for Identification
and Placement
• Neither Title I nor Title III funds may
be used to develop or administer ELP
assessments for identification and
placement purposes.
• Section 6111 funds may not be used
for this purpose as they may only be
used to fund assessments required
under Section 1111(b)(7).
22
Supplement not Supplant
Considerations at the LEA
And School Levels
4 Guiding Questions for Determining
If Title III Funds Can be Used Without
Violating the 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?
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?
24
Department Follow-up
on Supplement not Supplant
The Department of Education intends to
include a section on supplanting,
consistent with the October 2, 2008
guidance, in its monitoring protocols
and in the OMB Compliance
Supplement used by Single Audit Act
auditors, beginning with the Title III
grants that will be awarded in July
2009.
25
Department Follow-up
on Supplement not Supplant
The Department of Education intends to
include a section on supplanting,
consistent with the October 2, 2008
guidance, in its monitoring protocols
and in the OMB Compliance
Supplement used by Single Audit Act
auditors, beginning with the Title III
grants that will be awarded in July
2009.
26
Resources
October 2008 USDE supplement not
supplant letter and guidance on use of
Federal funds for ELP assessments:
http://www.ed.gov/programs/sfgp/legislati
on.html
Title I fiscal guidance:
http://www.ed.gov/programs/titleiparta/fisc
alguid.doc
Office for Civil Rights, ELL Resources:
http://www.ed.gov/about/offices/list/ocr/ellr
esources.html
27
Questions
and
Discussion
Amelia Courts, Ed. D
aadavis@access.k12.wv.us
Jan Stanley
jstanley@access.k12.wv.us