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Ltr1-07: Title III, LEP

Letter Head: Jack O'Connell, State Superintendent of Public Instruction, Phone number 916-319-0800

March 21, 2008

Dear County Superintendents of Schools, Auditors, and Treasurers:

NOTICE OF THE FIRST APPORTIONMENT FOR TITLE III, ENGLISH
LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND ACADEMIC
ACHIEVEMENT FOR LIMITED ENGLISH PROFICIENT STUDENTS,
OF THE NO CHILD LEFT BEHIND ACT OF 2001
FISCAL YEAR 2007-08

This apportionment, in the amount of $28,447,978, is made from federal funds provided to the state under Title III of the Elementary and Secondary Education Act of 1965 as amended by the No Child Left Behind (NCLB) Act of 2001 (PL 107-110) in support of grants awarded to eligible local educational agencies (LEAs) for Limited English Proficient students. The entitlement for each LEA is based on the number of Limited English Proficient students submitted on the March 2005 R-30 Language Census Report multiplied by a rate of $95.00. This apportionment reflects 40 percent of the total entitlement to LEAs that have met the cash management thresholds.

Direct-funded charter schools must apply individually for this program. The amount for direct-funded charter schools is identified separate from the district or county amount. All other charter schools must apply through their authorizing agency and the associated funding is included in the district or county amount.

The United States Department of Education (ED) award number is T365A060005. The Catalog of Federal Domestic Assistance subprogram number is 84.365A. This grant award is subject to the provisions of Title III, Part A of the NCLB (PL 107-110), and the Education Department General Administrative Regulations. The funding is appropriated in Schedule (3) of Item 6110-125-0890 of the Budget Act of 2007 (Chapter 171, Statutes of 2007). The California sub-allocation (pass-through) number is Program Cost Account (PCA) 14346.

This apportionment provides funding for LEAs’ 2007-08 programs. Under the federal Tydings Amendment, Section 421(B) of the General Education Provisions Act, 20 U.S.C. 1225(b), any funds that are not obligated at the end of the federal funding period (July 1, 2007, through September 30, 2008) shall remain available for obligation for an additional period of 12 months (September 30, 2009).

In order to comply with federal cash management requirements, LEAs must expend federal funds in a timely manner. Although the Tydings Amendment provides specific timelines governing the expenditure/encumbrance of program funds, federal guidelines discourage the release of additional funding to LEAs that have not spent the dollars previously apportioned. LEAs are therefore requested to minimize the time frame between receipt and expenditure of federal program funds. The California Department of Education (CDE) is reviewing the percentage of federal carry-over funds from prior fiscal years for each LEA and the release of future apportionments is being delayed for LEAs with significant balances.

Federal regulations in Title 34 Code of Federal Regulations 80.21(i) also require that any interest earned by LEAs on federal dollars be returned to the ED if the amount is in excess of $100. LEAs should forward interest payments for remittance to the ED to:

Cashier’s Office
Fiscal and Administrative Services Division
California Department of Education
1430 N Street, Suite 2213
Sacramento, CA 95814-5901

To ensure proper posting of payments, please include the program’s PCA number (PCA 14346) and identify the payment as “Federal Interest Returned.”

Warrants will be mailed to county treasurers approximately four weeks from the date of this Notice. For standardized account code structure coding, use Resource Code 4203, NCLB: Title III, Limited English Proficiency Student Program, and Revenue Object Code 8290, All Other Federal Revenue. County superintendents of schools are requested to inform LEAs immediately of this apportionment.

In an effort to streamline the state apportionment process, we will continue to post the schedules of apportionment on the CDE Web site but eliminate them from our mailings. To view the schedule of apportionment showing the list of school districts by county that generated each payment, please visit the CDE Categorical Programs Web site at http://www.cde.ca.gov/fg/aa/ca.

If you have any questions regarding the program or the amount of your apportionment, please contact Camille Marzion, Associate Governmental Program Analyst, Language Policy and Leadership Office, at 916-319-0249 or by e-mail at cmarzion@cde.ca.gov. If you have any questions regarding the payment process, please contact Shirley Burkett, Fiscal Analyst, Categorical Allocations and Audit Resolution Unit, at 916-323-1385 or by e-mail at sburkett@cde.ca.gov [Note, the preceding information is no longer valid and has been replaced by Karen Almquist, Fiscal Assistant, Categorical Allocations and Management Assistance Unit, 916-327-4406 or by e-mail at kalmquis@cde.ca.gov.]

Sincerely,

Susan Lange, Deputy Superintendent
Finance, Technology, and Administration Branch

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