Categorical Program Provisions in SBx3 4 2008 Budget Act Changes (Flexibility)
Section 15 of SBX3 4 (California Education Code [EC] Section 42605) authorizes complete flexibility in the use of funds appropriated in 39 budget act items. For 2008–09 through 2012–13, school districts, county offices of education, and charter schools may use funds from these 39 items for any educational purpose. The funds are therefore unrestricted; program or funding requirements, as otherwise provided in statute, regulation, and budget act provisional language associated with the funding, are not in effect. The following five programs from the ConApp are specifically listed in the flexibility provision:
- School Safety and Violence Prevention;
- California School Age Families Education (Cal-SAFE);
- Peer Assistance and Review (PAR);
- Middle and High School Supplemental Counseling Program;
- California High School Exit Exam (CAHSEE) Intensive Instruction.
Since these programs are specifically listed in the flexibility provision, there is no need for LEAs to apply for funding or report the results of these programs. The legal assurances for these programs have been removed from the ConApp since the LEA may use these funds for any educational purpose. The LEAs will automatically receive funding if they participated previously in these programs. More information on the flexibility provisions can be found on the Correspondence Web page.
Title III, Part A Limited English Proficient Student Subgrant Program
All local educational agencies (LEAs) that qualify for a direct-funded Limited English Proficient (LEP) Student Program Subgrant under the Elementary and Secondary Act, (ESEA) Title III, Part A are asked to accept or decline their funding for the 2012–13 school year. A direct-funded subgrant is defined as a subgrant of $10,000 or more.
To determine the estimated amount of your LEA's subgrant for English Learner (EL) students, go to the CDE Request for Applications Title III LEP Student Subgrant Program Web page.
The "Not Eligible" box is checked in cases where:
- the LEA did not report the enrollment of one or more EL students on the on the Spring 2011 California Longitudinal Achievement Data System (CALPADS);
- the LEA reported the enrollment of one or more EL students but the resulting Title III, Part A formula subgrant is calculated to be an amount less than $10,000.
Pursuant to the ESEA, Section 3114(b), LEAs whose subgrant is less than $10,000 must apply for Title III funds as a part of a consortium. Consortia applications are not transacted through the Consolidated Application and Reporting System (CARS). For more information on consortia applications, please go to the CDE Request for Applications Title III LEP Student Subgrant Program Web page.
Title III, Part A, Immigrant Student Subgrant Program
All LEAs that qualify for a direct-funded Immigrant Student Subgrant Program Subgrant under the ESEA, Title III, Part A are asked to accept or decline their funding for the 2012–13 fiscal year (FY) A direct-funded subgrant for the Immigrant Student Subgrant Program is defined as a subgrant of $5,000 or more.
To determine eligibility and the estimated amount of your LEA's Title III, Part A subgrant for Immigrant students, please visit the CDE Request for Applications Title III Immigrant Student Subgrant Program Web page.
An LEA must meet two eligibility criteria in order to apply on the ConApp. The first criterion is whether there has been a 2 percent growth in the immigrant student population. Eligibility is not based on total number of immigrant students. For FY 2012–13, eligibility is calculated by averaging two years of immigrant student numbers (FY 2008–09 and 2009–10), and comparing this average to the third year (FY 2010–11). These numbers are extracted from the California Longitudinal Achievement Data System (CALPADS) as of
FY 2010–11 and the Student National Origin Report (SNOR) prior to
FY 2010–11. If there has been two percent growth, the LEA is considered newly "eligible", beginning with FY 2012–13.
Note that once an LEA establishes eligibility, the LEA will receive funding for three consecutive years, provided the LEA applies for funding and has one or more immigrant students, even if it does not reestablish its eligibility within those three years. Therefore, LEAs who were newly eligible in FY 2010–11 or 2011–12, and who reported one or more immigrant students on the Spring 2011 CALPADS are also automatically considered eligible.
The second criterion which an LEA must meet in order to apply on the ConApp has to do with the amount generated by the students in the LEA. If the LEA is eligible based on the first criterion but does not generate $5,000 or more, the LEA must apply via a consortium. Consortia applications are not transacted through the ConApp. For more information on consortia applications, please visit the CDE Request for Applications Title III Immigrant Student Subgrant Program Web page.
The LEA is considered “Not Eligible” in cases where:
- the LEA did not report the enrollment of one or more immigrant students on the Spring 2011 CALPADS;
- the submitted data did not reflect two percent growth based on averaging two years (2008–09 and 2009–10) and comparing it to the third year (2010–11);
- the LEA reported the enrollment of one or more immigrant students but the resulting Title III, Part A formula subgrant is calculated to be an amount less than $5,000.
Title VI, Subpart 1, Rural Education Achievement Program Flexibility
All LEAs that are eligible for Rural Education Achievement Program (REAP) Flexibility are asked to indicate whether or not they intend to use their REAP Flexibility in the 2012–13 school year.
The LEAs that are eligible may use any or all of their funds received under Title II, Parts A or D; or Title IV, Part A to carry out any of the activities authorized under the following programs:
- Title I, Part A
- Title II, Part A or D
- Title III
- Title IV, Part A or B
Funds do not need to be transferred to different account codes. Funds will still be accounted for in the ConApp Part II under the programs from which they were allocated. You simply need to indicate your intent to use the funds in this flexible manner. For information regarding eligibility for this program, go to the REAP Web page.
Title VI, Subpart 1, Small Rural Schools Achievement Grant
Funds for the Small Rural Schools Achievement (SRSA) Grant are awarded to LEAs directly from the United States Department of Education (ED). If eligible, application must be made to participate in the Grants and Awards Payment System (GAPS). Questions concerning GAPS should be directed to Robert Hitchcock, ED, at firstname.lastname@example.org.
The LEA must indicate its intent to apply to ED for these funds is indicated by checking the “Yes” box.
Title VI, Subpart 2, Rural Low Income Schools Grant
All LEAs that are eligible for the Rural Low Income Schools (RLIS) Grant program for 2012–13 should indicate their intent to apply for these funds. For information regarding eligibility for this program, go to the REAP Web page.