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2012 Immigrant Program Consortia Assurances

Acceptance of the Elementary and Secondary Education Act (ESEA), Immigrant Education Student Sub-grant Program funds binds the local educational agencies (LEAs) to all of the assurances listed below. The Superintendent or designee of the LEA agrees to these assurances as part of the ESEA, Title III application process.

  1. The LEA will use Title III, Part A funds according to the ESEA. (20 USC §6811; PL 107-110, §3102).
  2. ESEA, Title III, Part A, funds shall be used so as to supplement the level of federal, state, and local public funds that, in the absence of such availability, would have been expended for programs for immigrant children and youth and in no case to supplant such federal, state, and local public funds. (20 USC §6825[g]; PL 107-110, §3115[g]). Visit the U.S. Department of Education, English Language Acquisition State Grants Web site External link opens in new window or tab. for specific guidance and clarification to states regarding the Title III non-supplanting provisions.
  3. The consortium lead and member LEAs will develop and submit to the California Department of Education (CDE) an LEA Plan inclusive of all elements required by the State and ESEA, Title III, Part A, Section 3116. (20 USC §6826; PL 107-110, §3116)
  4. The consortium lead and member LEAs will serve eligible immigrant students enrolled in private schools located within its geographic jurisdiction following procedures established by the State Superintendent of Public Instruction whenever such private schools submit a “Request to Participate” on or before the annual deadline established by the CDE. The specific services and/or products provided to the private schools will be described in a memorandum of understanding (MOU) agreed to by the superintendent or designee of the LEA and each participating private school.
  5. Each LEA receiving funds under ESEA, Title III, Section 3114(d)(1) shall use the funds to pay for activities that provide enhanced educational opportunities for immigrant children and youth, which may i
  1. Family literacy, parent outreach, and training activities designed to assist parents to become active participants in the education of their child.
  2. Support for personnel, including teacher aides who have been specifically trained, or are being trained, to provide services to immigrant children and youth.
  3. Provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth.
  4. Identification and acquisition of curricular materials, educational software, and technologies.
  5. Basic instructional services that are directly attributable to the presence of immigrant children and youth in the school district, including the costs of providing additional classroom supplies, costs of transportation, or other costs which are directly attributable to instructional services of immigrant students.
  6. Other instructional services that are designed to assist immigrant children and youth to succeed in elementary and secondary schools in the United States, such as programs of introduction to the educational system and civics education.
  7. Activities, coordinated with community-based organizations, institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents of immigrant children and youth by offering comprehensive community services. (20 USC §6825[e]; PL 107-110 §3115[e])
  1. Neither the consortium lead nor the member LEAs are in violation of any State law, including State constitutional law, regarding the education of immigrant children, consistent with ESEA, Title III, Part A, Sections 3126 and 3127. (20 USC §6826[d][5]; PL 107-110, §3116[d][5])
  2. The consortium lead LEA will serve as the grantee of the ESEA, Title III funds. The consortium will plan to obligate* all Title III funds during the school year in which the funds were granted. If all funds are not obligated and there is carryover, the money will either be returned to the CDE or the consortium lead LEA will continue to serve as the fiscal agent for the consortium up to 12 additional months, after which time the CDE will invoice for any remaining balance.
  3. The LEA is authorized to assess costs for administration that are necessary and reasonable for proper and efficient performance and administration of Federal awards(Appendix A subsection C.1[a] and C.2[a] of 2 CFR part 225, Cost Principles for State, Local, and Indian Tribal Governments [OMB Circular A–87, Revised]). To view the cost principle, please visit the Federal Register, Volume 70, Number 168. External link opens in new window or tab. (PDF)
  4. Administrative costs include both direct and indirect costs. Administrative costs are any costs, indirect or direct, that are administrative in nature and support the management of a program. For more information regarding administrative costs, please access the California School Accounting Manual, Procedure 915 (PDF; 3MB).
  5. For LEAs who consolidate administrative funds, the maximum amount available for administrative costs is what is reasonable and necessary for the proper and efficient administration of the programs provided that the LEA budgets and expends at least 85 percent of the grant amounts at school sites for direct services to pupils. For more information regarding consolidation of administrative funds, please access the California School Accounting Manual, Procedure 780. (PDF; 3 MB) .
  6. By October 1, 2012, the consortium lead LEA, in conjunction with each member LEA in the consortium, will develop an MOU, which outlines the services and products funded by ESEA, Title III that will be provided to immigrant students in each of the participating LEAs during the 2012–13 school year. A sample MOU is available on the CDE Title III–Immigrant Consortia Details Web page.

*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.

Questions:   Language Policy and Leadership Office | 916-319-0845
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