Title III Authorized Use Scenarios

Examples, per topic, of authorized and unauthorized uses of Title III funds.

NOTE: These scenarios assume that the activities were not previously funded by other federal, State or local funding sources. If an activity was previously funded by other funding sources, Maintenance of Effort rules apply and Title III cannot be used to fund the activity.

Administrative Activities

Administrative Activities	Authorized	Not Authorized
Examples	A district proposes to charge a portion of the salary for a site administrator of district Title III-funded activities as direct administrative costs. These costs do not exceed the two percent cap.	A district proposes to use Title III funds to support the entire salary of a site administrator who, as part of his/her duties, administers district Title III-funded activities.
Rationale	Why? If the support is only for Title III, duties beyond contract or contract-type activities for site administration can be charged as administration costs if the charges do not exceed the two percent cap.	Why not? Site administrators are core to the educational program and are provided by the general education program. Any part of their salary charged to Title III for supplemental administrative duties must be beyond the scope of the contractual duties, calendar, and job description and must not exceed the two percent cap on direct administrative costs.

After School/Summer Programs

After School/Summer Programs	Authorized	Not Authorized
Examples	A district proposes to use Title III funds to provide summer programs that (1) offer language instruction for English learners, (2) are above and beyond what is provided for by the school, local educational agency (LEA), and State, and (3) do not hinder English learner (EL) participation in other optional summer programs offered for which they qualify.	A district proposes to use Title III funds to provide support for optional summer programs. Math Navigator (to uncover student misconceptions and target areas of need), which is funded by Title I funds, and ELLIS (a digital learning EL Curriculum), which is funded by Title III, will both be offered during the 9 a.m.–12 p.m. session.
Rationale	Why? These programs are above and beyond what is provided for by the school, LEA, and State, and do not hinder EL participation in other programs for which they qualify.	Why not? These English learners must be allowed the opportunity to attend the Title I-funded option as well. Participation in the Title III option should not hinder participation in other activities for which they qualify.

COVID-19 Flexibility

COVID-19 Flexibility	Authorized	Not Authorized
Examples	A district proposes to repurpose equipment purchased with Title III funds for use in the office during the mailing of enrollment notifications for virtual learning to the entire school. This equipment was purchased before school closures due to the national emergency caused by COVID-19.	A district proposes to use unobligated Title III funds to purchase equipment for use in the office during the mailing of enrollment notifications for virtual learning to the entire school. This equipment will be purchased during the school closures due to the national emergency caused by COVID-19.
Rationale	Why? Per the United States Department of Education (USDE), grantees and subgrantees may temporarily repurpose federally purchased equipment and supplies that are not currently needed to carry out a Federal grant program to meet the general education needs of students, including students with disabilities and English learners, and the instructional needs of teachers, related services providers, and other educational personnel during the national emergency caused by COVID-19. When students once again begin attending schools in person, the equipment and supplies must be returned for use in the programs for which they were purchased.	Why not? Per the USDE, grantees and subgrantees are not permitted to use unobligated Federal grant funds to purchase new equipment and supplies for purposes not aligned with the allowable activities of the program under which funds are available.

Curriculum

Curriculum	Authorized	Not Authorized
Examples	A district proposes to use Title III funds for supplemental ELD curriculum development that is not required by the school, LEA, or State for core instruction. Several teachers will pilot the curriculum this year and provide feedback to inform decisions regarding actual implementation.	A district proposes to use Title III funds to replace dilapidated teacher manuals and textbooks for the current core ELD curriculum.
Rationale	Why? If the curriculum development is new or supplemental and is not required by the school, LEA, or State for core instruction, then it is authorized.	Why not? The LEA is obligated to provide the core educational program and materials for all students and teachers.

Data Entry

Data Entry	Authorized	Not Authorized
Examples	A district proposes to charge a portion of the salary for a data clerk who enters data only for Title III as direct administrative costs that do not exceed the two percent cap. This data clerk does not provide support to other Federal programs or general education programs, such as Migrant.	A district proposes to use Title III funds to support the salary of a data clerk who enters data for Title III and Migrant Education at one school site while other sites in the district fund this activity with general program funding.
Rationale	Why? A portion of the data clerk’s salary can be charged to the two percent administration costs if the support is only for Title III.	Why not? If other schools or locations in the district have a clerk completing the same activity with general program or other funds, Title III cannot be used.

Dual Enrollment

Dual Enrollment	Authorized	Not Authorized
Examples	A district proposes to use Title III funds to cover the cost of university coursework in poetry and chemistry at the local community college for two of the district’s high-achieving 12^th grade English learner students.	A district proposes to use Title III funds to cover the cost of university coursework in poetry and chemistry at the local community college for one high-achieving 12^th grade foster youth student and three English learner 12^th grade students.
Rationale	Why? These enrollment opportunities will only be provided to English learners, in addition to all other resources to which they have access, and thus are supplemental.	Why not? If these enrollment opportunities will be provided to a population other than English learners, Title III funds cannot be used.

ELD Coaches

ELD Coaches	Authorized	Not Authorized
Examples	A district proposes to use Title III funds to support the salary of an ELD instructional coach whose duty is to facilitate conversations amongst educators using analysis of formative and summative EL achievement data to drive instructional decisions and effective implementation of EL instructional strategies.	A district proposes to use Title III funds to support the salary of an ELD instructional coach whose duty is to administer the ELP assessment for placement and identification.
Rationale	Why? Title III funds can be used to support supplemental activities that are aligned with the purposes and goals of Title III, but are unrelated to ELP assessment administration.	Why not? The LEA is obligated to assess newly enrolled students, who may be English learners, for ELP. LEAs sign an assurance to do this.

English Language Proficiency (ELP) Assessment

English Language Proficiency (ELP) Assessment	Authorized	Not Authorized
Examples	A district proposes to use Title III funds to provide a stipend to teachers to assess previously identified English learners for ELP throughout the year using a supplemental ELP assessment.	A district proposes to use Title III funds to provide a stipend to teachers to assess newly enrolled students, who may be English learners, for ELP using the English Language Proficiency Assessments for California (ELPAC).
Rationale	Why? Title III funds can be used for the administration of assessments that are supplemental to the state ELP assessment and used to inform instruction. These supplemental assessments must only be used to inform instruction and not be used for identification.	Why not? Title III funds can NEVER be used for the administration of the state ELP assessment. Per Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974, LEAs have an obligation to identify and assess all potential English learners.

Hiring Consultants

Hiring Consultants	Authorized	Not Authorized
Examples	A district proposes to use Title III funds for consultant fees to deliver professional development sessions, of sufficient intensity and duration to have a lasting impact on teacher performance in the classroom, that are part of an overall comprehensive professional development program focused on implementation goals of the Title III plan.	A district proposes to use Title III funds for consultant fees to deliver one professional development session on using the newly purchased technology in the staff room to create supplemental instructional materials for all classrooms.
Rationale	Why? As long as the professional development sessions provided address specific supplemental Title III activities, they can be part of an overall comprehensive professional development program.	Why not? Professional development under Title III must address specific supplemental Title III activities and be of sufficient intensity and duration to have a lasting impact on the teachers’ performance in the classroom.

Immigrant Students

Immigrant Students	Authorized	Not Authorized
Examples	A district proposes to use Title III Immigrant funds to provide training activities to assist immigrant parents to become active participants in the education of their children (i.e. programs of introduction to the U.S. for immigrant students and families such as educational systems and/or civics education).	A district proposes to use Title III Immigrant funds to provide supplemental educational software focused on English proficiency for immigrant students. EL funds are also being used to purchase the same educational software for English learners that are not immigrants.
Rationale	Why? Title III Immigrant funds are distinct from Title III EL funds and should be used for authorized activities that are specifically focused on immigrant students and families.	Why not? Title III Immigrant funds should supplement, not supplant, Title III EL funds in cases where a student is entitled to both EL and Immigrant funds.

Paraprofessionals & Instructional Aides

Paraprofessionals & Instructional Aides	Authorized	Not Authorized
Examples	A district proposes to use Title III funds to support the salary of bilingual instructional aides although they are using LCFF funds to support the salary of instructional aides with expertise in Math. English learners will receive services from the bilingual aides during their designated ELD and from the Math aides during their core Math class.	A district proposes to use Title III funds to support the salary of bilingual instructional aides although they are using LCFF funds to support the salary of instructional aides with expertise in Math. Bilingual aides will assist during designated ELD and Math aides will assist during Math instruction. ELD and Math blocks are both scheduled at 10:30 a.m.
Rationale	Why? As long as English learners have the opportunity to receive services from both the bilingual and math aides, the bilingual aides are considered supplemental to all other assistance and different funding sources can be used.	Why not? English learners must be allowed the opportunity to receive services from both the bilingual and math aides. Because both blocks are scheduled at the same time, English learners will not have this opportunity.

Parent Engagement

Parent Engagement	Authorized	Not Authorized
Examples	A district proposes to use Title III funds to send five parents of English learners to a conference (i.e. the California Association for Bilingual Educators (CABE) Annual Conference) for professional development sessions on EL programs.	A district proposes to use Title III funds to pay for English Language Advisory Committee (ELAC) flyers, speaker fees, and other meeting expenses.
Rationale	Why? Title III funds can be used to fund activities that strengthen and increase parent, family, and community engagement in programs that serve English learners.	Why not? Establishing an ELAC is a state-mandated activity. Federal funds can’t be used for activities required by the State.

Professional Development

Professional Development	Authorized	Not Authorized
Examples	A district proposes to use Title III funds to pay substitutes and allow teachers to attend Title III professional development sessions during school hours that are above and beyond basic English Language Development (ELD) Standards training or any training required under State law or local professional development initiatives.	A district proposes to use Title III funds to pay substitutes and allow teachers to attend ELD Standards training, also funded by Title III. This training is in alignment with the professional development session on Common Core Standards, which is funded by Title I funds.
Rationale	Why? This training is above and beyond any training required under State law or local professional development initiatives.	Why not? If a local educational agency (LEA) provides training on Common Core Standards with another funding source, it should also provide training on ELD Standards using the same funding source.

Social-Emotional

Social-Emotional	Authorized	Not Authorized
Examples	A district proposes to use Title III Immigrant funds for the services of a counselor that would work at multiple sites with English learner and immigrant students traumatized by events unique to the English learner and immigrant populations, such as deportation and migration.	A district proposes to use Title III Immigrant funds for the services of a counselor that would work at multiple sites with all students traumatized by events experienced during a pandemic.
Rationale	Why? These services will be accessible only to English learner and immigrant students, in addition to all other resources to which they have access, and thus are supplemental.	Why not? The LEA is obligated to provide these services for all students and thus, must use another funding source.

Technology & Devices

Technology & Devices	Authorized	Not Authorized
Examples	A district proposes to use Title III funds to purchase two new computers for each site’s English Language Lab. These labs are used during small group designated ELD instruction.	A district proposes to use Title III funds to purchase sixteen iPads, along with a mobile storage and charging cart, for a specific school site. Following a rotation schedule, the technology will be used by all classrooms.
Rationale	Why? These devices will be accessible only to English learners, in addition to all other resources to which they have access, and thus are supplemental.	Why not? These devices are available for all students to use and are not supplemental.

Textbooks

Textbooks	Authorized	Not Authorized
Examples	A district proposes to provide each site with two sets of books per subject for each classroom by using Title I funds to purchase the core English set and Title III funds to purchase the supplemental Spanish set.	A district proposes to use Title III funds to provide textbooks that serve as an English learner’s core math or language arts textbook.
Rationale	Why? The Spanish set is supplemental to the core materials (English set), which have been identified by the LEA, for the core educational program.	Why not? The LEA is obligated to provide the core educational program and materials for all students.

Translation Services

Translation Services	Authorized	Not Authorized
Examples	A district proposes to use Title III funds to translate written communications provided solely to parents of Title III-served English learners regarding the Title III program.	A district proposes to use Title III funds to pay for translation of the district’s “Upcoming Events” newsletter.
Rationale	Why? Title III funds may be used for supplemental translation and interpretation activities that are not provided by the LEA for all students, and for translation activities that are specific to Title III.	Why not? If a district communicates with all parents about school activities, it would not be appropriate to use Title III funds to pay for translation or interpretation of this newsletter, as the district is obligated to provide meaningful access to information and services provided for all parents.

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

Last Reviewed: Thursday, March 14, 2024

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