CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Bilingual Coordinators Network November 19-20, 2009 Sacramento, CA

CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Language Policy and Leadership Office Update

CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Title III Update Carlos Rivera Education Administrator I Language Policy and Leadership Office

JACK O’CONNELL State Superintendent of Public Instruction Apportionments for Fiscal Years and The request for the last apportionment for fiscal year (FY) went to the State Controller at the end of October The third apportionment for FY went to the School Fiscal Services Division in early November

JACK O’CONNELL State Superintendent of Public Instruction Applications Applications for Limited English Proficient (LEP) (known as English learners in California) and for Immigrant Education Programs have been completed by local educational agencies (LEAs)

JACK O’CONNELL State Superintendent of Public Instruction Award Letters Award letters for the school year are anticipated to go out by the end of the calendar year The letters confer spending authority for the LEP Education Programs and Immigrant Education Programs LEAs do not need to wait to receive their apportionment from their county offices in order to spend

JACK O’CONNELL State Superintendent of Public Instruction End of Year Expenditure Reports End of Year (EOY) Expenditure reports are available online this year for the first time and are due on November 30, 2009 Only direct funded and leads of consortia report If an LEA was consortia lead in either one of those two years they should have received a letter with a pin/password so that the LEA can complete the EOY Expenditure Form (only for the year in which the LEA was the lead)

JACK O’CONNELL State Superintendent of Public Instruction End of Year Expenditure Reports Please visit the CDE Title III Web pages for online access to the expenditure reports: LEP: Immigrant:

JACK O’CONNELL State Superintendent of Public Instruction Annual Survey Annual Survey for FY has been online and has a deadline of November 20, 2009 Please visit the following CDE Title III Web page to access the survey required of all Title III funded LEAs: If your LEA was the lead of a consortium in please report for all members of the consortium

JACK O’CONNELL State Superintendent of Public Instruction The California Longitudinal Pupil Achievement Data System The California Longitudinal Pupil Achievement Data System (CALPADS) allows LEAs to provide information of the English Learners (ELs) (known as LEP in Federal law) and Immigrant students as of October 2009 The R-30 Language Census will therefore no longer be required in March of every year

JACK O’CONNELL State Superintendent of Public Instruction The California Longitudinal Pupil Achievement Data System The Student National Origin Report (SNOR) will be submitted online but will only used by private schools The SNOR letter to private schools will be mailed by early February and the count (taken either on October 7, 2009 or March 1, 2010) submitted by March 31, 2010

JACK O’CONNELL State Superintendent of Public Instruction Immigrant Student Definition As of July 1, 2009, the definition of Immigrant Students has been updated Sections 3301(1) and (6) of the Elementary and Secondary Education Act (ESEA) define immigrant children and youth as individuals who: 1) Are aged 3 through 21 2) Were not born in any state 3) Have not been attending one or more schools in any one or more states for more than 3 full academic years Section 3301(14) of the ESEA defines State as each of the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico

JACK O’CONNELL State Superintendent of Public Instruction The Consolidated Application II The Consolidated Application (ConApp) II is due on January 31, 2010 LEAs will report their expenditures for FY and

CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Supplement, Not Supplant Carlos Rivera Education Administrator I

JACK O’CONNELL State Superintendent of Public Instruction 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

JACK O’CONNELL State Superintendent of Public Instruction 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]

JACK O’CONNELL State Superintendent of Public Instruction The First Test of Supplanting: “Required by Law” LEAs use Title III funds to provide services that they are required to make available under state, local or federal laws

JACK O’CONNELL State Superintendent of Public Instruction The Second Test of Supplanting: “Prior Year” 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)

JACK O’CONNELL State Superintendent of Public Instruction Supplement not Supplant Considerations at the Local Educational Agency and School Level Any determination about supplanting is very fact specific, and it is difficult to provide general guidelines without examining the details of a situation

JACK O’CONNELL State Superintendent of Public Instruction How Can Title III Funds be Used Without Violating the Supplement not Supplant Requirement? Questions to Ask: 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?

JACK O’CONNELL State Superintendent of Public Instruction Questions to Ask: (continued) 4) Was the program/service previously provided with state, local, and other 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?

JACK O’CONNELL State Superintendent of Public Instruction Resources

JACK O’CONNELL State Superintendent of Public Instruction For more information: Carlos Rivera Education Administrator I Language Policy and Leadership Office

CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Title III Accountability Update Lilia G. Sánchez Education Programs Consultant

JACK O’CONNELL State Superintendent of Public Instruction Title III Accountability System Requirements LEAs and Consortia Must Meet All three Annual Measureable Achievement Objectives (AMAOs) AMAO 1 – California English Language Development Test Achieve Annual Progress in Learning English AMAO 2 – California English Language Development Test Attain English Proficiency AMAO 3 – California Standards Test, California Alternate Performance Assessment, California High School Exit Examination Meet Adequate Yearly Progress (AYP) for the EL subgroup at the LEA level

JACK O’CONNELL State Superintendent of Public Instruction Annual Measurable Achievement Objectives 100 Year 1 LEAs/Consortia 135 Year 2 LEAs/Consortia 59 Year 3 LEAs/Consortia 9 Year 4 LEAs (newly identified ) 129 Year 4 LEAs (continuing) Source: October 1, 2009 update

JACK O’CONNELL State Superintendent of Public Instruction Annual Measurable Achievement Objectives 202 LEAs/Consortia met all three AMAOs 432 LEAs/Consortia did not meet all three AMAOs 634 Total LEAs and Consortia Source: October 1, 2009 update

JACK O’CONNELL State Superintendent of Public Instruction Percent of Subgrantees Meeting AMAOs AMAO percent of LEAs/consortia AMAO percent of LEAs/consortia AMAO percent of LEAs/consortia Met all three AMAOs - 32 percent of LEAs/consortia Source: October 1, 2009 update

JACK O’CONNELL State Superintendent of Public Instruction Title III Improvement Status LEAs and Consortia identified as: Title III Year 2135 Title III Year 4 9 Total 144 Out of this total, 9 are Consortia Source: October 1, 2009 update

JACK O’CONNELL State Superintendent of Public Instruction Improvement Plan Addendum TIII Year 2 ESEA Title III Section 3122 (b) Improvement Plan …the agency shall require the entity to develop an improvement plan that will ensure that the entity meets such objectives The improvement plan shall specifically address the factors that prevented the entity from achieving such objectives

JACK O’CONNELL State Superintendent of Public Instruction Action Plan TIII Year 4 ESEA Title III Section 3122(b)(4) Online Action Plan Requires LEAs that did not meet their AMAOs for four consecutive years to modify their curriculum, program and method of instruction provided to ELs

JACK O’CONNELL State Superintendent of Public Instruction Year 2 and Year 4 Technical Assistance Series of Webinars focused on Inquiry process Guided data analysis Selection of appropriate strategies Implementation drivers Use of research to identify best practices

JACK O’CONNELL State Superintendent of Public Instruction Year 2 Improvement Plan Year 4 Action Plan Develop in consultation with the County Office of Education lead

JACK O’CONNELL State Superintendent of Public Instruction Adequate Yearly Progress Update It is expected that there will be an update to AYP on December 4, 2009 When AYP is updated, the TIII Accountability team will check to see if it affects AMAO 3

JACK O’CONNELL State Superintendent of Public Instruction Adequate Yearly Progress Update If it does, the Title III accountability reports, and AMAO Year status files will be updated and the appropriate LEAs and consortia will be notified Last year the changes were minor and it is expected that to be true for this year as well

JACK O’CONNELL State Superintendent of Public Instruction For more information: CDE Title III Accountability Technical Assistance Web page Lilia G. Sánchez Education Programs Consultant

CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Community-Based English Tutoring Program Pam Lucas Associate Governmental Program Analyst

JACK O’CONNELL State Superintendent of Public Instruction Community Based English Tutoring Program Pursuant to Senate Bill x3 4 (SB x3 4), Community Based English Tutoring (CBET) program funding for the period of through may be used for any educational purpose All program requirements are suspended during this flexibility period CBET funding for through will be based on allocations, rather than on EL counts

JACK O’CONNELL State Superintendent of Public Instruction Community Based English Tutoring Program The CDE sent a payment request to the State Controller’s Office on November 11, 2009 This payment will be for 100 percent of the allocation for and is expected to be deposited with the county treasurers by the end of November Funding results for have been posted on the CDE Categorical Programs Web page at In addition to flexibility for through funding, SBx3 4 provides that CBET balances as of June 30, 2010 may be used for other purposes. The time period to do so ends June 30, 2010

CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction English Language Acquisition Program Pam Lucas Associate Governmental Program Analyst

JACK O’CONNELL State Superintendent of Public Instruction English Language Acquisition Program Apportionment notices for were mailed in early September To obtain a copy of an apportionment notice, please send an to Pamela Lucas Funding results will be posted on the CDE Categorical Programs Web page at

JACK O’CONNELL State Superintendent of Public Instruction English Language Acquisition Program Funds are expected to be deposited with the county treasurers by mid-December English Language Acquisition program (ELAP) funding for through is NOT granted flexibility This funding must still be used to provide supplemental services to ELs in grades four through eight

JACK O’CONNELL State Superintendent of Public Instruction English Language Acquisition Program However, SBx3 4 provides that ELAP balances as of June 30, 2008 may be used for other purposes The time period ends June 30, 2010

JACK O’CONNELL State Superintendent of Public Instruction English Language Acquisition Program For further questions on CBET or ELAP, please contact: Pamela Lucas Associate Governmental Program Analyst Language Policy and Leadership Office

CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Accountability Leadership Institute Nancy Zarenda Education Programs Consultant

JACK O’CONNELL State Superintendent of Public Instruction Accountability Leadership Institute For English Learner, Immigrant, & Migrant Students December 7-8, 2009 Hyatt Regency San Francisco Airport in Burlingame

JACK O’CONNELL State Superintendent of Public Instruction Coordinating Improvement Efforts “Building Synergies” Focus Areas: Policy and Legislation Promising Practices, Connections, and Opportunities Assessment, Evaluation, and Accountability Curriculum and Instruction

JACK O’CONNELL State Superintendent of Public Instruction Keynote Speakers Dr. Sharroky Hollie, Center of Culturally Responsive Teaching and Learning Simon Silva, Artist Dr. Chuck Weis, Santa Clara County Office of Education Dr. Emir Jose Macari, Sacramento State University

JACK O’CONNELL State Superintendent of Public Instruction Returning Workshop Topics Title III Fiscal & Program Guidance Title III Accountability Update on Categorical Program Monitoring Research and Effective Instruction ELs with Disabilities Two Way Immersion Primary and Secondary English Language Development California Legislative Update California English Language Development Test and more

JACK O’CONNELL State Superintendent of Public Instruction New Workshops Migrant Policies and Programs Aligned Implementation of Title I, II and III Accountability Requirements Our Youngest Learners – Pre-Kindergarten International/Bi-national Schools Culturally Responsive Teaching & Learning Effective Parent Involvement Seal of Biliteracy Heritage Language Instruction The Changing Face of Giftedness and more

JACK O’CONNELL State Superintendent of Public Instruction Register Now! The brochure is available on the CDE Title III and Migrant Web pages (respectively) at: Questions? or