Title III EL Student Program Subgrant Assurances

Assurances from the Elementary and Secondary Education Act, as Amended by the Every Student Succeeds Act (ESSA):

1. The local educational agency (LEA) receiving Title III English Learner (EL) funds agrees to use the funds to increase the English language proficiency and academic proficiency of ELs, provide effective professional development, and other effective activities and strategies that enhance or supplement language instruction educational programs including, but not limited to implementation of effective parent, family, and community engagement activities and strategies for ELs. (20 United States Code (USC) §6825; Public Law (PL) 114-95, §3115 (c)) Subject to this subsection, the LEA also may use the funds to achieve any of the required and authorized activities described in 20 USC §6825(c)(d).
2. The LEA may use no more than 2 percent of the EL program subgrant for administrative costs and indirect costs for a fiscal year. (20 USC §6825; PL 114-95, §3115(b))
3. The LEA can apply its approved indirect rate to the portion of the subgrant that is not reserved for direct administrative costs. A list of approved indirect cost rates is available on the California Department of Education (CDE) Indirect Cost Rates (ICR) web page.
4. The LEA is not in violation of any state law, including State constitutional law, regarding the education of EL, consistent with 20 USC §6826; PL 114-95, §3116(b)(4)(B).
5. The LEA shall provide the CDE with a report every fiscal year addressing all elements under 20 USC §6841; PL 114-95, §3121(a).
6. The LEA assures that it annually assesses the English proficiency of all EL students enrolled in their schools using the state’s English language proficiency assessment. (20 USC §6311; PL 114-95, §1111(b)(2)(G)(i))

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