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Guidance: Title III, LEP Obligations Report

2012-13 Consolidated Application guidance for the Title III, Part A Limited English Proficient (LEP) Obligations Report.

Fiscal Year 2010-11 End of Year Expenditure Report

Direct funded LEAs and consortia leads (not consortia members), that received a Title III, Part A, Limited English Proficient Student Sub-grant for FY 2010-11 must submit an EOY expenditure report. An LEA should only report for the year(s) in which it was funded directly or the lead of a consortium. This report must reflect the total or year to date obligations, not just those made since the previous reporting period.

Please note: September 30, 2012, marks the end of the federal grant period for the FY 2010-11 sub-grant (July 1, 2010, to September 30, 2012). Any LEA reporting unobligated funds for this grant period will be invoiced by the California Department of Education (CDE).

According to the California State Accounting Manual, “Legal obligations are commitments made by an LEA to purchase goods or services immediately or in a future period.” To determine whether a financial commitment should be reported as an obligation, please refer to Title 34, Part 76, Section 707 from the Code of Federal Regulations External link opens in new window or tab. Web page. All obligations must be liquidated no later than 90 days after the funding period ends. For the FY 2009-10 sub-grant, all obligations need to be liquidated by December 30, 2012.

Obligations: Use the ESEA, Section 3115 (c)(1)(2) and (d) as a guide, as follows, to determine allowable expenditures:

  1. REQUIRED SUBGRANTEE ACTIVITIES- An eligible entity receiving funds under section 3114(a) shall use the funds -
  2. to increase the English proficiency of limited English proficient children by providing high-quality language instruction educational programs that are based on scientifically based research demonstrating the effectiveness of the programs in increasing -
    1. English proficiency; and
    2. student academic achievement in the core academic subjects; and
  3. to provide high-quality professional development to classroom teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), principals, administrators, and other school or community-based organizational personnel, that is -
    1. designed to improve the instruction and assessment of limited English proficient children;
    2. designed to enhance the ability of such teachers to understand and use curricula, assessment measures, and instruction strategies for limited English proficient children;
    3. based on scientifically based research demonstrating the effectiveness of the professional development in increasing children's English proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and
    4. of sufficient intensity and duration (which shall not include activities such as one-day or short-term workshops and conferences) to have a positive and lasting impact on the teachers' performance in the classroom, except that this subparagraph shall not apply to an activity that is one component of a long-term, comprehensive professional development plan established by a teacher and the teacher's supervisor based on an assessment of the needs of the teacher, the supervisor, the students of the teacher, and any local educational agency employing the teacher.
  1. AUTHORIZED SUBGRANTEE ACTIVITIES- Subject to subsection (c), an eligible entity receiving funds under section 3114(a) may use the funds to achieve one of the purposes described in subsection (a) by undertaking one or more of the following activities:
  2. Upgrading program objectives and effective instruction strategies.
  3. Improving the instruction program for limited English proficient children by identifying, acquiring, and upgrading curricula, instruction materials, educational software, and assessment procedures.
  4. Providing -
    1. tutorials and academic or vocational education for limited English proficient children; and
    2. intensified instruction.
  5. Developing and implementing elementary school or secondary school language instruction educational programs that are coordinated with other relevant programs and services.
  6. Improving the English proficiency and academic achievement of limited English proficient children.
  7. Providing community participation programs, family literacy services, and parent outreach and training activities to limited English proficient children and their families -
    1. to improve the English language skills of limited English proficient children; and
    2. to assist parents in helping their children to improve their academic achievement and becoming active participants in the education of their children.
  8. Improving the instruction of limited English proficient children by providing for -
    1. the acquisition or development of educational technology or instructional materials;
    2. access to, and participation in, electronic networks for materials, training, and communication; and
    3. incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such as those funded under this subpart.
  9. Carrying out other activities that are consistent with the purposes of this section.

According to the CSAM “Legal obligations are commitments made by an LEA to purchase goods or services immediately or in a future period.” To determine whether a financial commitment should be reported as an obligation, please refer to 34 CFR, Part 76, Section 707. Retrieve by Citation Web page is found at GPO Access External link opens in new window or tab. .

Administrative and Indirect Costs: Administrative costs and indirect costs combined are capped at 2 percent of the LEA Title III, Part A, LEP grant.

An LEA may use no more than 2 percent of LEP student sub-grant for administrative costs and indirect costs (Title III, Section 3115[b]). The U.S. Department of Education’s 1997 guidance, Indirect Cost Determinations, Guidance for State and Local Government Agencies (referred to as the Blue Book) states that any “statutory or regulatory limitation applies to the combined claims for indirect costs and direct administration costs.” Please visit the CDE Title III Frequently Asked Questions Web page.

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