Guidance: 2022–23 Federal Transferability

Title V Section 5103 of the Every Student Succeeds Act (ESSA) allows a local educational agency (LEA) to transfer up to 100 percent of Title II, Part A and Title IV, Part A program funds to other allowable programs. The allowable programs are:

• Title I, Part A – Improving basic programs;
• Title I, Part C – Education of migratory children;
• Title I, Part D – Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk;
• Title II, Part A – Supporting effective instruction;
• Title III English Learner – Language instruction for English learners;
• Title III Immigrant – Language instruction for immigrant students;
• Title IV, Part A – Student support and academic enrichment grants;
• Title V, Part B, Subpart 1 – Small, rural school achievement program; and
• Title V, Part B, Subpart 2 – Rural and low-income school program.

An LEA may not transfer out any funds allocated under Title I, Title III, or Title V. Regardless of transfers, the LEA will continue to be responsible for meeting Title II, Part A and Title IV, Part A legal requirements, which are required as a condition of accepting the funds. In addition, funds transferred to other allowable programs are subject to the legal requirements for those programs.

Consultation with private schools is required under ESSA Section 8501, if such a transfer affects students or educational personnel from private schools.

For more information on federal transferability rules, see ESSA, Title V, Section 5103 Transferability of Funds on the U.S. Department of Education Elementary and Secondary Education Act of 1965 (PDF) web document.

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