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Ltr2-09: Title I, Part A

Letter Head: Jack O'Connell, State Superintendent of Public Instruction, California Department of Education

March 26, 2010

Dear County Superintendents of Schools and Treasurers:

NOTICE OF THE SECOND APPORTIONMENT FOR TITLE I, PART A, IMPROVING
BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES,
OF THE NO CHILD LEFT BEHIND ACT OF 2001 (PL 107-110)
FISCAL YEAR 2009-10

This apportionment, in the amount of $621,609,563, is made from federal funds provided to the State under Title I, Part A, Improving Basic Programs Operated by Local Educational Agencies, of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind (NCLB) Act of 2001 (PL 107‑110). This apportionment is made to local educational agencies (LEAs) to provide supplementary academic support and educational services to students who are failing, or most at-risk of failing, to meet the state standards in core academic subjects.

The amount apportioned reflects payment of the second 40 percent of the 2009-10 entitlement to LEAs that applied for Title I, Part A Basic or Neglected funds on the 2009‑10 Consolidated Application, Part 1, that have a State Board of Education (SBE) approved LEA Plan. Entitlement amounts will be adjusted for those LEAs failing to meet the federal maintenance of effort requirement for 2009-10 pursuant to Section 9521 of the ESEA and Title 34 of the Code of Federal Regulations (CFR), Part 299, Subpart D, Section 299.5. Entitlement amounts for new and significantly expanding charter schools were initially based on their estimated enrollments as reported in the Pupil Estimates for New or Significantly Expanding Charters; these amounts have been adjusted in this apportionment to reflect actual enrollment figures. Preliminary entitlement amounts that were posted on the California Department of Education (CDE) Categorical Programs Web page have been adjusted to reflect final population and allocation amounts established for LEAs by the United States Department of Education (ED), and to include LEAs that are new or significantly expanding. Amounts paid in this apportionment are listed on the schedule of apportionment posted on the CDE Categorical Programs Web page at http://www.cde.ca.gov/fg/aa/ca/.

LEAs have the option to consolidate and use Title I, Part A funds with other federal, state, and local funds for schoolwide programs pursuant to Section 1114 of the ESEA and Title 34 of the CFR, Part 200, Subpart A, sections200.25 through 200.29. Additional information such as program purposes, eligibility of schools, core elements, components, and benefits of a schoolwide program, is posted on the CDE Schoolwide Programs Web page at http://www.cde.ca.gov/sp/sw/rt/.

The ED award number for this apportionment is S010A090005. The Catalog of Federal Domestic Assistance subprogram number is 84.010 (Title I Grants to Local Educational Agencies). The funding is appropriated in Schedule (4) of Item
6110-134-0890 of the Budget Act of 2009 (Chapter 1, Statutes of 2009, Third Extraordinary Session, as amended by Chapter 1, Statutes of 2009, Fourth Extraordinary Session). The California sub-allocation (pass-through) number is Program Cost Account (PCA) 14329.

This grant award is subject to the provisions of Title I and Title IX of the ESEA, as applicable, and the General Education Provisions Act. This grant is also subject to the Title I regulations in Part 200 of Title 34 of the CFR, the General Provisions in 34 CFR Part 299, and the Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 76 (except for 76.650 - 76.662, Participation of Students Enrolled in Private Schools), 77, 80-82, 85, and 86. Regulations regarding Participation of Eligible Children in Private Schools are found in 34 CFR sections 200.62 - 200.67.

An LEA whose NCLB plan is approved after the start of the 2009-10 fiscal year may charge to this program only those costs incurred subsequent to the SBE approval of the plan. Under the federal Tydings Amendment, Section 421(b) of the General Education Provisions Act, any funds that are not obligated at the end of the federal funding period, July 1, 2009, through September 30, 2010, shall remain available for obligation for an additional period of 12 months, to September 30, 2011, subject to ESEA Section 1127.

ESEA Section 1127 allows LEAs to carry over no more than 15 percent of their Title I, Part A allocations, excluding funds received through any reallocations under ESEA Section 1126(c), for one additional fiscal year, unless they receive a waiver from the CDE or the total allocation is less than $50,000. At the end of the fiscal year, CDE reviews the amount of Title I, Part A carryover funds for each LEA and issues an invoice to LEAs that exceed the carryover limit and do not receive a waiver.

Title 34 of the CFR, Section 80.21(i), requires that any interest earned by LEAs on federal dollars be returned to the ED promptly, but at least quarterly. LEAs may keep interest amounts up to $100 per year for administrative expenses. LEAs should forward interest payments for remittance to the ED to:

California Department of Education
Cashiers Office
P.O. Box 515006
Sacramento, CA 95851

To ensure proper posting of payments, please include the program’s PCA number (PCA 14329) 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 (SACS) coding, use Resource Code 3010, NCLB: Title I, Part A, Basic Grants Low-Income and Neglected, and Revenue Object Code 8290, All Other Federal Revenue. County superintendents of schools are requested to immediately inform their LEAs, including direct-funded charter schools, of this apportionment.

If you have any questions regarding the Title I program, please contact the School Support and Title I Basic Office at
916-319-0853. For questions concerning this apportionment, please contact Leslie Sharp, Fiscal Analyst, Categorical Allocations and Audit Resolution Office, at 916-323-4977 or by e-mail at lsharp@cde.ca.gov.

Sincerely,

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

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