1. 2013 EL Coordinators Meeting Title III Budget

2. Topics O Title III Subgrant Allocation Timeline O Supplement, not Supplant O Title III 2% Administrative Cap O Professional Development Requirement O Federal Grants Closeout – Obligation and Liquidation of Funds

3. NCLB Title III  Provides discretion over instruction methods. Local entities have the flexibility to choose the method of instruction to teach limited-English proficient children.  Targets funds to the classroom. Ninety-five percent of funds must be used for grants at the local level to teach limited English proficient children.

4. KDE Title III – EL/LEP and Immigrant Funding Allocation Process Timeline Declaration of Participation mailed to superintendents January Declaration of Participation Deadline. This is the opportunity to express interest in receiving Title III Funding April Data Verification. Districts run IC LEP Extract and clean up LEP and Immigrant Data May 1-31 LEP and Immigrant counts pulled by KDE from Infinite Campus data compiled; Division of Budgets calculates tentative allocations June 1

5. KDE Title III – EL/LEP and Immigrant Funding Allocation Process Timeline USDOE notification of grant award to KDE Calculations are prepared and eligible districts will be emailed subgrant information containing Title III Agreement, Application and Budget Plan with their tentative allocation July Final Calculations are prepared. Superintendent, EL Coordinator and Finance Officer receive sub-grant notification of final allocation with the Award Notification August District must complete Title III Plan and Budget mailed in the subgrant packet of final allocation. Return to KDE Title III/Division of Budgets within 10 days after being notified October 1 Final release from Federal Government ; Washington’s budget year

6. Supplement, not Supplant NCLB Title III Section 3115 (g)

7. Supplement, not Supplant Requirement - General 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 limited English proficient (LEP) students and immigrant children and youth. (section 3115(g))

8. Title III – A Supplemental Program to Serve English Learners instructional program/service provided by the district to all students instructional program/service required by Federal laws/regulations instructional program/ service required by State and local laws/regulations Title III-funded activities

9. Building Blocks to an Effective Title III Program: Two Required Activities professional development high-quality language instruction educational program

10. Supplement, not Supplant Requirement Questions to Ask When Considering Whether Title III Funds Can be Used Without Violating the Supplement, not 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 (or be required to be provided by other laws/regulations) in the absence of a Title III grant?

11. Supplement, not Supplant Requirement - General The First Test of Supplanting: Required by Law The U. S. Department of Education assumes supplanting exists if – An 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.

12. Supplement, not Supplant Requirement - General The Second Test of Supplanting: Prior Year The U. S. Department of Education assumes supplanting exists if – An LEA uses Title III funds to provide services that the LEA provided in the prior year with State, local or other Federal funds. This assumption can be rebutted.

13. To refute the “prior year” test of supplanting, the LEA would need to have contemporaneous records to confirm…  Budget cuts were made in a number of areas, not just services for LEP students; and,  There was in fact a reduced amount of State or local funds to pay for this activity/position; and  The LEA made the decision to eliminate the position/activity without taking into consideration Federal funds.

14. Title III 2% Administrative Cap NCLB Title III 3115 (b)

15.  Districts have a limit of 2% of the Title III grant award for administration. (section 3115(b))  Administration = administrative costs + indirect costs Examples of administrative costs: support staff, coordinators, & other personnel that perform administrative functions  Administrative costs are associated with the overall project management and administration and which are not directly related to the provision of services to participants or otherwise allocable to the program cost objectives/categories. (Source: OMB Circular A-87)

16. Two types of administrative costs: Personnel & Non-Personnel personnel costs Examples of personnel costs for direct administration: Salaries, benefits, & other expenses of the recipient or sub- recipient's staff who perform these functions: overall program management, as distinct from overall program implementation, preparing program plans & budgets, and preparing reports related to program requirements. non-personnel costs Examples of non-personnel costs for direct administration: Costs for goods & services required for program administration, such as equipment purchase/rental, utilities, office supplies, postage, and rental and maintenance of office space (Source: 1997 USDOE Indirect Cost Determination Guidance for State and Local Government Agencies)

17. High Quality Professional Development NCLB Title III Section 3115(c)(2)

18. NCLB Title III Key Requirements – Title III Subgrants  School districts must use Title III funds to provide high-quality language instruction programs that are based on scientifically based research, and that have demonstrated that they are effective in increasing English proficiency and student achievement.  Districts are required to provide high-quality professional development to classroom teachers, principals, administrators, and other school or community-based organizational personnel in order to improve the instruction and assessment of limited English proficient student

19. Federal Grants Closeout Obligations and Liquidation of Program Funds Spending Title III Grant Money

20. Title III Funds O As of May 23, 2013 - 19.8% of Kentucky FY12 Title III funds had not been drawn by Districts/Consortiums O Totaling $751,566.92 O As of August 20, 2013 – 16.4% of Kentucky FY12 Title III funds had not been drawn down by Districts/Consortiums O Totaling $619,743.20

21. FY12 Subgrant Funds 13 Districts

22. IMPORTANT Spending Timeline July 1 July 1 – Awarded Amount (subject to Federal adjustment October 1)  27 months to spend funds *Special Note: Plan 15 months September 30 – Funds Encumbered Prior to date December 10 – Deadline to pay and draw (Federal Cash Request) encumbered funds

23. Thank you!

24. Contact Information Diverse Learners Branch Manager Denise.Bailey@education.ky.gov Title III Program Consultants Gary.Martin@education.ky.gov (502) 564-4970 Division of Budgets Consultant Judy.Howard@education.ky.gov (502) 564-1979

25. Resources Office of Management & Budget (OMB) Circular A- 87: http://www.whitehouse.gov/omb/circulars_a087_2 004/ EDGAR – (See parts 76 and 80 in particular): http://www2.ed.gov/policy/fund/reg/edgarReg/edg ar.pdf Office for Civil Rights, ELL Resources: http://www.ed.gov/about/offices/list/ocr/ellresourc es.html