1. Creating a Shared Vision: 21 st Century Learning for Students with Limited English Proficiency Title I Conference October 2011

2. Overview Title I and Title III Collaborative Opportunities –National changes –West Virginia implications USDOE Guidance on Supplement versus Supplant

3. 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

4. What Are The Commonalities of Titles I and III? C. They both address LEP Student Achievement Title I Title III

5. Elementary and Secondary Education Act (ESEA) Program FactTitle I, Part ATitle III, Part A PurposeImprove the teaching and learning of academically at-risk children so they can acquire the knowledge and skills needed to meet the States 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 States academic achievement standards.

6. Elementary and Secondary Education Act (ESEA) Program RequirementTitle I, Part ATitle 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 EDs 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 are governed by section 1120 of ESEA and EDs Title I regulations. 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 ESEA.

7. Elementary and Secondary Education Act (ESEA) Program RequirementTitle I, Part ATitle III, Part A Teacher Qualifications Title I, Part A Section 1119 of ESEA Title III, Part A Section 3116(c) of ESEA Description: All students in each State, including students served by Title I, Part A, must be taught by highly qualified teachers in core academic subjects. Description: All students in each State, including students served by Title III, Part A, must be taught by highly qualified teachers in core academic 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.

8. Elementary and Secondary Education Act (ESEA) Program RequirementTitle I, Part ATitle III, Part A Professional Development Title I, Part A Sections 1114 and 1115 of ESEA Title III, Part A Section 3111 and 3115 of ESEA Description: All LEAs receiving Title I, Part A must ensure that professional development is provided in SWP and TAS. In TAS the professional development must be for classroom teachers, administrators, and others who work with Title I students. Description: All LEAs receiving Title III, Part A funds must provide professional development. The professional development must be for classroom teachers, administrators, and others who work with LEP students.

9. Elementary and Secondary Education Act (ESEA) Program RequirementTitle I, Part ATitle III, Part A English Language Proficiency Assessment Title I, Part A Section 1111(b)(7) of ESEA Title III, Part A Section 3113(b)(3)(D) and 3121 (d)(1) of ESEA Description: SEAs must provide for an annual assessment of English language proficiency of all LEP students in the State in grades K-12 in the domains of reading, writing, listening, and speaking. Description: The SEA must ensure that LEAs provide for an annual assessment of English language proficiency of all LEP students in the State in grades K-12 in the domains of reading, writing, listening, 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.

10. Elementary and Secondary Education Act (ESEA) Program RequirementTitle I, Part ATitle III, Part A Parent Notification Title I, Part A Sections 1111, 1112, 1116, and 1118 of ESEA; §§200.30 – 200.53 of EDs 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 childs 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 format and, to the extent practicable, in a language that the parent can understand. Description: Parents must be provided: Information regarding a childs 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 AMAO determinations. Both types of notification must be provided in an understandable and uniform format and, to the extent practicable, in a language that the parent can understand.

11. Elementary and Secondary Education Act (ESEA) Program RequirementTitle I, Part ATitle III, Part A PARENTAL INVOLVEMENT Overview Title I, Part A Section 1111, 1112, 1116, and 1118 of ESEA Title III, Part A Section 3302 Description: Title I, Part A provides for substantive parental involvement, including the development of the State and local plan, evaluating the effectiveness of the required LEA parental involvement policy, and in implementing LEA and school improvement provisions to assist children served by the program reach proficiency on State assessments. Examples of parental involvement activities: o Assisting parents to help improve their childs achievement; o Provide literacy training to parents when appropriate; and o Parent outreach. Description: LEAs receiving subgrants under the Title III State formula grant program must implement effective outreach to parents of LEP children to inform them of how they can be involved in their childrens education and how they can assist their children to learn English and meet State content and academic achievement standards. Examples of parental involvement activities: o Assisting parents of LEP students to help improve their childs achievement; o Provide literacy training to parents of LEP students; and o Parent outreach to parents of LEP students.

12. State Implications How do state Title I and Title III offices collaborate? –Strategic Plan –Consolidated Monitoring –Systems of Support –Technical Assistance

13. Supplement not Supplant

14. The Context The presentation will provide an overview of the US Department of Educations 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

15. 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

16. 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

17. 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

18. 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

19. Any determination about supplanting is very fact specific, and it is difficult to provide general guidelines without examining the details of a situation. 19

20. Supplement not Supplant Practical Applications – English Language Proficiency (ELP) Assessment Development and Administration 20

21. 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

22. 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

23. Supplement not Supplant Considerations at the LEA And School Levels

24. 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

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. 25

26. 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

27. 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 http://www.ed.gov/programs/sfgp/legislati on.html Title I fiscal guidance: http://www.ed.gov/programs/titleiparta/fisc alguid.doc 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 http://www.ed.gov/about/offices/list/ocr/ellr esources.html 27

28. Questions and Discussion Amelia Courts, Ed. D aadavis@access.k12.wv.us Jan Stanley jstanley@access.k12.wv.us