1. CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Bilingual Coordinators Network September 16, 2010 Sacramento, CA

2. CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Language Policy and Leadership Office Update Carlos Rivera, Education Administrator I Erin Koepke, Education Programs Consultant

3. CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Reallocation of Funds

4. JACK O’CONNELL State Superintendent of Public Instruction 4 Reallocation of Funds The California Department of Education (CDE) will implement a reallocation process for identifying, reallocating, and distributing excess Title III funds beginning in 2010–11. The reallocation of Title III funds is in response to the Elementary and Secondary Education Act (ESEA), Title III, Part A, federal review that took place during the week of June 8–14, 2009.

5. JACK O’CONNELL State Superintendent of Public Instruction 5 Sources for Reallocation Carryover from the state educational agency Additional federal Title III allocations based on non-participation by other states in the Title III grant program Excess, unexpended funds voluntarily relinquished to the CDE by local education agencies (LEAs)

6. JACK O’CONNELL State Superintendent of Public Instruction 6 Sustainability and Capacity Building The reallocation process is based on the concept of supporting all LEAs that meet the Annual Measurable Achievement Objectives (AMAOs) for their English learner (EL) population. Eligible LEAs will receive any available additional Title III funds to: –Facilitate the sustainability of those efforts that led to the LEA successfully meeting their targets such as community outreach, research-based instructional programs, and professional development; and –Build capacity at the LEA to continue to successfully meet their achievement goals

7. JACK O’CONNELL State Superintendent of Public Instruction 7 Procedure for Identifying Excess Funds Consolidated Application I (ConApp) ConApp II End of Year (EOY) Expenditure Report –The CDE will identify unexpended Title III funds –LEAs will be contacted regarding the option to relinquish those funds for reallocation purposes –Reallocated funds will be processed as a supplemental award notification to eligible LEAs for the current school year –Reallocated funds will be disseminated to eligible LEAs later than the original subgrant award, but must be expended within the same budget period as the original award

8. JACK O’CONNELL State Superintendent of Public Instruction 8 Online Resources and Contacts CDE Title III FAQs Web page at http://www.cde.ca.gov/sp/el/t3/title3faq.asp U.S. Department of Education ESEA, Section 3114(c) Web page at http://www2.ed.gov/policy/elsec/leg/esea02/pg41.html #sec3114 Immigrant Education Program Subgrants:  Fiscal: Clifton Davis Jr., Associate Governmental Program Analyst, by phone at 916-323-5808 or by e-mail at cdavis@cde.ca.gov  Program: Erin Koepke, Education Programs Consultant, by phone at 916-323-5467 or by e-mail at ekoepke@cde.ca.gov

9. CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Funding for Translation of Documents

10. JACK O’CONNELL State Superintendent of Public Instruction 10 Funding for Translation of Documents In response to the ESEA, Title III, Part A, federal review that took place during the week of June 8, 2009, to June 14, 2009, the CDE disseminated a letter to the field dated July 9, 2010 which outlined the supplement, not supplant, requirement as it pertains to the cost of the translation of documents. –Translations are required by both federal and state law and therefore are subject to the federal supplement, not supplant, requirement

11. JACK O’CONNELL State Superintendent of Public Instruction 11 How to Fund the Translation of Documents LEAs may use the following to fund the translation of documents: Local general funds; and Pursuant to the ESEA, Title I, sections 1111(h)(6)(c) and 1112(g)(2), Title I funds for the purpose of translating parental notifications

12. JACK O’CONNELL State Superintendent of Public Instruction 12 Online Resources and Contacts U.S. Department of Education Web page titled Supplement not Supplant Provision of Title III of the ESEA at http://www2.ed.gov/programs/sfgp/supplefinalattach2.pdf U.S. Department of Education, ESEA, Section 1111(h)(6)(c) and 1112(g)(2) Web page at http://www2.ed.gov/policy/elsec/leg/esea02/pg2.html#sec1111 CDE Web page titled Clearinghouse for Multilingual Documents (CMD) at http://www.cde.ca.gov/ls/pf/cm/ Specialized Media and Translations Unit: Rod Atkinson, Education Programs Consultant, by phone at 916-445-6109 or by e-mail at cmd@cde.ca.gov Language Policy and Leadership Office (Title III): Carlos Rivera, Education Administrator I, by phone at 916-319-0247 or by e-mail at crivera@cde.ca.gov

13. CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Supplement, not Supplant

14. JACK O’CONNELL State Superintendent of Public Instruction 14 Supplement, not Supplant According to ESEA, Title III, Section 3115(g), Title III funds must be used to supplement educational programs and services for Limited English Proficient (LEP) and immigrant children.

15. JACK O’CONNELL State Superintendent of Public Instruction 15 How to Determine if a Cost is Allowable Legal Authority Statutes –Title III statutes (ESEA Sections 3001-3304) Code of Federal Regulations –Title III Regulations Non-legal Guidance Non-regulatory Guidance documents: –U.S. Department of Education’s (ED’s) Implementing RTI Using Title I, Title III, and CEIS Funds: Key Issues for Decision-makers Web page at http://www2.ed.gov/programs/titleiparta/rti.html –ED’s Supplement Not Supplant Provision of Title III of the ESEA Web page at http://www2.ed.gov/programs/sfgp/supplefinalattach2.pdf –ED’s Part II: Final Non-Regulatory Guidance on the Title III State Formula Grant Program-Standards, Assessments and Accountability found at http://www2.ed.gov/programs/nfdp/NRG1.2.25.03.doc

16. JACK O’CONNELL State Superintendent of Public Instruction 16 Helpful Questions to Ask Is the proposed cost allowable under Title III, Part A program rules? –ESEA, Sections 3001-3304 Is the proposed cost consistent with Title III, Part A specific fiscal rules? –Supplement, not Supplant

17. JACK O’CONNELL State Superintendent of Public Instruction 17 Basic Guidelines Necessary & Reasonable Follow federal, state and local laws Follow terms of the grant award Allocable Can only charge in proportion to the value received by the program Example: LEA purchases a computer to use 50% in the IDEA program and 50% in a state program – can only charge half the cost to IDEA Methods of allocating costs: Direct cost allocation Indirect cost allocation Legal under state and local law If you can’t do it under state law, you can’t pay for it with federal funds Conform with federal law & grant terms

18. JACK O’CONNELL State Superintendent of Public Instruction 18 Presumptions of Supplanting Auditors presume supplanting if… –Federal funds were used to provide services required to be made available under other federal, state, or local laws; –Federal funds were used to provide services provided with non-federal funds in a prior year; or –Title III funds were used to provide services to Title III students, and the same services were provided to non-Title III children using non-Title III funds.

19. JACK O’CONNELL State Superintendent of Public Instruction 19 Presumption Rebutted! If the SEA or LEA demonstrates it would not have provided services if the federal funds were not available NO non-federal resources available this year!

20. JACK O’CONNELL State Superintendent of Public Instruction 20 State Budget Cuts Most districts have experienced a change in their core program based on how they’ve reacted to the State Budget cuts –Larger classes –Fewer support services –Fewer librarians, counselors, and other support positions

21. JACK O’CONNELL State Superintendent of Public Instruction 21 What is Core and How Does it Apply to Supplement, not Supplant? Can Programs that have been cut now be paid for with Title III funds? –This depends on several factors The use of remaining Title III resources is relative to what’s in place and supported as the “core” program –This is because Title III funds must “supplement” the core This rule requires that funds be used to provide services and support that meet the following criteria: –Are above and beyond the core program –Were not previously funded with a state or local resource However, in times of fiscal difficulty, the rules change –If an LEA can demonstrate that the funding previously provided to support a function is no longer available due to budget reductions, there may be a basis for refuting supplantation

22. JACK O’CONNELL State Superintendent of Public Instruction 22 Complexity of the Requirement Though the legal authority and guidance regarding Title III allowable costs is clear, the supplement, not supplant, requirement is fact dependent and can require complex answers dependent on specific criteria and circumstances.

23. JACK O’CONNELL State Superintendent of Public Instruction 23 Online Resources and Contacts U.S. Department of Education, ESEA, Section 3115(c) and 3115(d) Web page at http://www2.ed.gov/policy/elsec/leg/esea02/pg41.html#sec311 5 CDE Title III FAQs Web page at http://www.cde.ca.gov/sp/el/t3/title3faq.asp U.S. Department of Education Web page titled Supplement Not Supplant Provision of Title III of the ESEA at http://www2.ed.gov/programs/sfgp/supplefinalattach2.pdf Language Policy and Leadership Office (Title III): Erin Koepke, Education Programs Consultant, by phone at 916-323-5467 or by e-mail at ekoepke@cde.ca.gov