ESEA, Title III, Part A, Language Instruction for LEP and Immigrant Students
- The LEA will use ESEA, Title III, Part A, funds according to the purposes of the ESEA Act of 2001. (20 USC §6811; PL 107-110, §3102)
- 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 English learner (EL) children and 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))
- The LEA will develop and submit to the 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)
ESEA, Title III Part A, LEP
- A LEA may use no more than 2 percent of the LEP student subgrant for administrative costs and indirect costs for a fiscal year. (20 USC §6825(b); PL 107-110, §3115(b))
- The LEA will comply with ESEA, Title III, Part A, Section 3302 regarding parent notifications, prior to, and throughout, each school year. (20 USC §7012(b); PL 107-110, §3302)
- The LEA annually will assess the English proficiency of all children with limited English proficiency participating in programs funded by ESEA, Title III, Part A. (20 USC §6826 (b)(3)(C)); PL 107-110, §3116 (b)(3)(C))
- The LEA will base its proposed plan under ESEA, Title III, Part A, on scientifically based research on teaching EL children. (20 USC §6825(a); PL 107-110, §3115(a))
- The LEA ensures that the programs will enable EL children served under ESEA, Title III, Part A, to speak, read, write, and comprehend the English language and meet challenging state academic content and student academic achievement standards. (20 USC §6825(a); PL 107-110, §3115(a))
- The LEA is responsible for ensuring that the Year 2 LEA Improvement Plan Addendum is developed, submitted and implemented expeditiously and inclusive of all elements required by the state and Section 3122 b(2).
- The LEA is responsible for ensuring that the Year 4 LEA Action Plan is developed, submitted and implemented expeditiously and inclusive of all elements required by the state and Section 3122 b(4).
- The LEA is not in violation of any State law, including State constitutional law, regarding the education of EL children, consistent with ESEA, Title III, Part A, Sections 3126 and 3127. (20 USC §6826(d)(5); PL 107-110, §3116(d)(5))
- The LEA shall provide the CDE with an evaluation every second fiscal year addressing all elements under ESEA, Title III, Part A. (20 USC §6841(a); PL 107-110, §3121(a))
ESEA, Title III Part A, Instructional Opportunities for Immigrant Children & Youth
- Each LEA receiving funds under ESEA, Title III, Part A Section 3114(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include:
- Family literacy, parent outreach, and training activities designed to assist parents to become active participants in the education of their children;
- Support for personnel, including teacher aides who have been specifically trained, or are being trained, to provide services to immigrant children and youth;
- Provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth;
- Identification and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with funds;
- Basic instruction 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 instruction services of immigrant students;
- Other instruction services that are designed to assist immigrant children and youth to achieve in elementary and secondary schools in the United States, such as programs of introduction to the educational system and civics education; and
- 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 §3115(e); PL 107-110 §3115(e))
- Costs must be 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)).
- 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. (California School Accounting Manual Procedure 915)
- 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 (California School Accounting Manual Procedure 780).
ESEA, Title IV, Part A, Safe and Drug Free Schools and Communities Program
Please note: Under the federal budget for the 2010-11 fiscal year, new funding for the Title IV, Part A, Safe and Drug Free Schools and Communities Program, has been eliminated effective June 30, 2010. LEAs may not apply for new allocations, however the General Assurances listed below pertain to the use of Title IV, Part A carryover funds.
- The applicant LEA ensures that the activities or programs funded by the Safe and Drug Free Schools and Communities Program {ESEA, Title IV, Part A} comply with the principles of effectiveness described in section 7115(a) (1) and foster a safe and drug free learning environment that supports academic achievement. In general, for a program or activity to meet the principles of effectiveness, such program or activity shall: (A) be based on an assessment of objective data regarding the incidence of violence and illegal drug use in the elementary schools and secondary schools and communities to be served, including an objective analysis of the current conditions and consequences regarding violence and illegal drug use, including delinquency and serious discipline problems, among students who attend such schools (including private school students who participate in the drug and violence prevention program) that is based on ongoing local assessment or evaluation activities; (B) be based on an established set of performance measures aimed at ensuring that the elementary schools and secondary schools and communities to be served by the program have a safe, orderly, and drug-free learning environment; (C) be based on scientifically based research that provides evidence that the program to be used will reduce violence and illegal drug use; (D) be based on an analysis of the data reasonably available at the time, of the prevalence of risk factors, including high or increasing rates of child abuse and domestic violence; protective factors, buffers, assets; or other variables in schools and communities in the State identified through scientifically based research; (E) include meaningful and ongoing consultation with and input from parents in the development of the application and administration of the program or activity; (F) shall undergo a periodic evaluation to assess its progress toward reducing violence and illegal drug use in schools to be served based on performance measures described in section 7114; and (G) The results shall be used to refine, improve, and strengthen the program, and to refine the performance measures, and shall also be made available to the public upon request, with public notice of such availability provided. (20 USC §7114(d)(1), §7115(a)(1)(2))
- To ensure timely and meaningful consultation, the applicant LEA, at the initial stages of design and development of a program or activity, shall consult with appropriate entities and persons on issues regarding the design and development of the program or activity, including efforts to meet the principles of effectiveness described in section 7115. The applicant LEA ensures that the LEA shall develop its application through timely and meaningful consultation with State and local government representatives, representatives of schools to be served (including private schools), teachers and other staff, parents, students, community-based organizations, and others with relevant demonstrated expertise in drug and violence prevention activities (such as medical, mental health, and law enforcement professionals); and that on an ongoing basis, the LEA shall consult with such representatives and organizations in order to seek advice regarding how best to coordinate such agency’s activities under this subpart with other related strategies, programs, and activities being conducted in the community. (20 USC §7114(c))
- The applicant LEA ensures that funds under this subpart will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this subpart, be made available for programs and activities authorized under this subpart, and in no case supplant such State, local, and other non-Federal funds. (20 USC §7114(d)(4))
- The applicant LEA ensures that drug and violence prevention programs supported under this subpart convey a clear and consistent message that acts of violence and the illegal use of drugs are wrong and harmful. (20 USC §7114(d)(6); PL 107-110, §4114(d)(6))
- The applicant LEA ensures that the LEA has, or the schools to be served have, a plan for keeping schools safe and drug free that is reviewed and updated by March 1 every year. The safe school plan includes: (A) appropriate and effective school discipline policies that prohibit disorderly conduct, the illegal possession of weapons, and the illegal use, possession, distribution, and sale of tobacco, alcohol, and other drugs by students; (B) security procedures at school and while students are on the way to and from school; (C) prevention activities that are designed to create and maintain safe, disciplined, and drug-free environments; (D) a crisis management plan for responding to violent or traumatic incidents on school grounds; and (E) a code of conduct policy for all students that clearly states the responsibilities of students, teachers, and administrators in maintaining a classroom environment that:
- allows a teacher to communicate effectively with all students in the class;
- allows all students in the class to learn;
- has consequences that are fair, and developmentally appropriate;
- considers the student and the circumstances of the situation; and
- is enforced accordingly. (20 USC §7114(d)(7))
- The applicant LEA ensures that the application and any waiver request under Section 7115(a)(3) will be available for public review after submission of the application. (20 USC §7114(d)(8))
- The applicant LEA shall submit to the State educational agency such information that the State requires to complete the State report required by subsection 7116 (a), including a description of how parents were informed of, and participated in, violence and drug prevention, and that this information shall be made readily available to the public. (20 USC §7116(b)(1))
- The applicant LEA is in compliance with the State law requiring local educational agencies to expel from school for a period of not less than 1 year a student who is determined to have brought a firearm to a school, or to have possessed a firearm at a school, under the jurisdiction of local educational agencies in that State, except that such State law shall allow the chief administering officer of a LEA to modify such expulsion requirement for a student on a case-by-case basis if such modification is in writing. (20 USC §7151(b)(1))
- The LEA will submit on a format to be designated by the state educational agency and included in the Consolidated Application, the information that the state requires to complete federal reporting requirements on the number of students annually expelled from school for possession of firearms. (20 USC §7151)
