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Elementary and Secondary Education Act

General assurance for the direct funded leas participating in the Elementary and Secondary Education Act (ESEA) for Imm and Limited English Proficient (LEP) students.

Elementary and Secondary Education Act, Title III, Part A, Language Instruction for Limited English Proficient and Immigrant Students

  1. The local educational agency (LEA) will use Elementary and Secondary Education Act (ESEA), Title III, Part A, funds according to the purposes of the ESEA of 2001 (20 USC §6811; PL 107-110, §3102).

  2. ESEA, Title III, Part A, funds shall be used 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]).

  3. The LEA will develop and submit to the California Department of Education 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). The LEA must annually review and update the LEA Plan. Any revisions should be approved by the local school board and kept on file with the original plan.

Elementary and Secondary Education Act, Title III, Part A, Language Instruction for Limited English Proficient Student Subgrant

  1. A LEA may use no more than two percent of the limited English proficient (LEP) student subgrant for administrative costs and indirect costs for a fiscal year (20 USC §6825[b]; PL 107-110, §3115[b]).

  2. 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).

  3. 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]).

  4. 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]).

  5. 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]).

  6. The LEA is responsible for ensuring that the Year 2 LEA Improvement Plan is developed, submitted, and implemented expeditiously and inclusive of all elements required by the state and Section 3122 b(2)

  7. The LEA is responsible for ensuring that the Year 4 LEA Improvement Plan is developed, submitted, and implemented expeditiously and inclusive of all elements required by the state and Section 3122 b(4).

  8. 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]).

  9. 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]).

Elementary and Secondary Education Act, Title III, Part A, Instructional Opportunities for Immigrant Children & Youth

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