The 2010-2011 No Child Left Behind
Technical Assistance Forum 
 Title III, PART A 
    
                                         Lori Rodriguez
   Bureau of Student Achievement through Language Acquisition
 
Florida Department of Education
Dr. Eric J. Smith, 
Commissioner

Agenda

•	Purpose
•	Funding
•	Programs
•	Assessment and Accountability
•	Parental Involvement

Purpose

•	The purpose of Title III is to help ensure that English language learners (ELLs) attain English language proficiency and acquire the knowledge and skills needed to meet the State’s academic achievement standards. 	
•	State educational agencies (SEAs), local educational agencies (LEAs)/districts, and schools are accountable for increasing the English proficiency and core academic content knowledge of ELLs. 

Funding

Title III funds must: 

•	Support activities that meet the intent and purposes of Title III, i.e., improve the teaching and learning of ELLs so they can learn English and acquire the knowledge and skills needed to meet the State’s academic achievement standards. 

•	Be consistent with Office of Management and Budget (OMB) Circular A-87, which requires that activities funded by      Title III be necessary and reasonable to the program’s success and not prohibited by State or local laws, regulations, or policies. 

•	Not be used to acquire real property. 

Programmatic Requirements

Districts must use Title III funds for two required 
activities: 
•	High-quality language instruction educational programs; and 
•	Sustained professional development activities to teachers of ELLs and other educational personnel supporting the education of ELLs. 

Districts must utilize Title III immigrant children and youth grant funds for 
specific activities to serve this population, as outlined in section 3115(e). 	

Types of Title III Programs

•	Implementing school-wide programs to upgrade language 
           instruction educational programs and academic content
           instruction for ELLs. 
•	High-quality language instruction educational programs for ELLs and professional development for personnel; and 
•	Services for immigrant children and youth. 
                                                                                                                                                                                             
The instructional strategies supported     
by Title III funds  used to serve ELLs                                                         
must be based on scientifically based  research. 

Program Specific Ideas and Activities with Title III

•	Training for Pre-K teachers
•	Development or purchase of non-verbal or other   
   	 language academic testing; 
•	Additional bilingual psychologists/screeners to 
    	correctly place (or not place) ELLs in ESE   
    	and/or gifted
•	Bilingual program materials (English acquisition 
    	only)

Paraprofessionals

•	Supplemental beyond initial  para for 15 ELLs who speak the same language
•	Need to keep a time and effort log on activities if being paid out of grant
•	Districts should monitor para school responsibilities to ensure that ELLs are being served 
•	Develop a formula to determine what schools need supplemental paras to justify Title III funding
•	Assist with extended day tutoring and supplemental translation duties after school hours

Parent Activities

•	Family literacy program (teacher/para stipends to teach course, materials, computers, headsets)
•	Develop outreach center for ELL parents – (furniture, materials, supplies, district stipends to oversee center, para stipends to offer academic activities for children whose parents are attending meetings or literacy classes
•	Provide guest speakers (info on job applications, health issues, available community services)  
•	Provide take-home materials and supplies
•	Advertise programs; create flyers for schools, public places, advertise through public service announcements (TV, radio), newspapers and local magazines

Parent Outreach

Parent Liaisons 
•	Liaisons should be able to communicate with target population. 
•	Time and effort log required. 
•	Informs parent of school and district activities including testing, schedules, enrollment requirements; provide community and school resources, etc. 

Newcomer Programs

Programs designed to assist ELLs with limited or no schooling
Title III could support:

•	Supplemental teachers/aides to keep teacher-student  ratio down
•	Take home supplies and materials
•	Supplemental instructional materials
•	Supplemental professional development
•	Acculturation activities (family involvement)
•	Civics-based field trips with supplemental classes

Title III & ELLs in Private Schools

To ensure timely and meaningful consultation, the district 
must consult with private school officials on such issues as:

•	How the ELLs’ needs will be identified.
•	What services will be offered.
•	How, where, and by whom the services will be provided.
•	How the services will be assessed and how the result of the assessment will be used to improve services.
•	Size and scope of services, & funds available for services.
•	How and when the LEA will make decisions about the delivery of services. 
                                                                                (Section 9501)

Private Schools

•	In the private school section of the application there are several boxes to upload private school communication. The first box is required, but more may be loaded as applicable.  
•	Districts should maintain as much private school communication as possible. 

Teacher Qualifications
 
•	A district must have qualified teachers in every classroom.  There is no provision in the law for districts to place unqualified individuals in a teaching position.
   
•	All students, including students served by Title III must be taught by highly qualified teachers in core academic subjects. 

•	All teachers in any language instruction educational program for ELLs must be fluent in English and any other language used for instruction, including having   written and oral communication skills.

Professional Development

•	Florida districts may not use Title III funds to provide professional development, leading toward ESOL endorsement/certification for ELLS.  This would be in conflict with the LULAC Consent Decree and considered supplanting.

•	Professional development for classroom teachers, administrators, and others who work with ELLs must go above and beyond Florida’s requirements for ESOL. 

Instruction

•	The District may select one or more instructional models of instruction - consistent with the requirements of State law - to be used in assisting ELLs to attain English proficiency and meet State content and student academic achievement standards.
•	The language instruction curriculum used must be tied to scientifically based research on teaching ELLs and must have demonstrated effectiveness. 
•	No particular program of instruction is prescribed or recommended. (Section 3113(b)(6))

States must annually assess all LEP students for English language proficiency. 

All Title III-served ELLs must be assessed annually in each of the language domains of speaking, listening, reading, and writing. 

Annual Measurable Achievement Objectives (AMAOs)

•	AMAO 1: Progress toward English language acquisition as measured by CELLA . Percent of K-12 students making gains (moving up a proficiency level(s) of proficient) in each of the CELLA three domains: Listening/Speaking, Reading and Writing

•	AMAO 2: English language acquisition proficiency as measured by CELLA.  Percent of each grade cluster (K-2),    (3-5), (6-8) and (9-12) who score proficient in all three of the CELLA domains.

•	AMAO 3: Proficiency in Math and Reading as measured by FCAT (AYP).

District Accountability and AMAOs

•	Notify parents every year that AMAOs are not met within 30 days of district notification of failure to meet AMAOs; i.e., first day of school. (Section 3302) district 
•	Two consecutive years - develop an improvement plan
•	Four consecutive years - modify the district  curriculum, program, and method of instruction, OR make a determination as to whether the district should continue to receive Title III funds, AND require the district to replace educational personnel relevant to the failure to meet AMAOs.
                                                          (Section 3122(b))

The Law

Title III, Sec. 3122(b) (2) “If a State 
educational agency determines, based on the 
annual measurable achievement objectives 
described in subsection (a), that an eligible 
entity has failed to make progress toward 
meeting such objectives for 2 consecutive 
years, the agency shall require the entity to 
develop an improvement plan that will ensure 
that the entity meets such objectives.  The 
improvement plan shall specifically address  
the factors that prevented the entity from 
achieving such objectives.”

Parental Involvement

Districts must implement effective outreach to parents of ELLs
to inform them of how they can be involved in their children’s 
education and how they can assist their children to learn English 
and meet State content and academic achievement standards. 

Examples of parental involvement activities: 
•	Assisting parents of ELLs to help improve their child’s achievement; 
•	Provide literacy training to parents of ELLs; and 
•	Parent outreach to parents of ELLs.

Title III Supplement, not Supplant Requirement

•	Title III funds must be used to supplement the level of Federal, State, and local funds that, in the absence of Title III funds, would have been expended for programs for ELLs and immigrant children and youth.
                                                 [Section 3115(g) of ESEA]

As used in Title III, what do the terms " supplement" and " supplant" mean?

•	The statute, in section 3115, requires that funds available under a sub-grant 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 limited English proficient children and immigrant children and youth and in no case to supplant such Federal, State, and local public funds." In this section, "supplement" means "an addition," and "supplant" means "to take the place of." 

Supplanting

The First Test: Is the activity required by law?
    The Department assumes supplanting exists if –
•	The district uses Title III funds to provide services that the district is required to make available under State or local laws, or other Federal laws.

The Second Test : Prior Year

The Department assumes supplanting exists if –
•	A District uses Title III funds to provide services that it provided in the prior year with State, local, or other Federal funds.
•	This assumption may be rebutted.

Allowable

All Title III expenditures must lead to increasing the English language proficiency and the academic achievement of ELLs.  NCLB Section 3213 provides guidance on specific allowable activities which includes, but not limited to extended day tutoring, teacher training and parent involvement activities

Necessary

All Title III expenditures must be necessary to 
obtain the desired goals outlined in the grant 
applications. A detailed Needs Assessment and 
Activity Narrative should include how the 
purchase or activity will accomplish ELL goals 
and objectives. “Necessity”  is also subjective,  
but the  appearance of how federal money is 
spent is of the utmost importance.

REASONABLE

All Title III expenditures must be reasonable in 
cost and purpose to the average individual.  
Grant applications must include a detailed 
Needs Assessment and Budget Narrative to 
justify reasonableness of questionable 
expenditures. Although “reasonableness” is 
subjective, the  appearance of how federal 
money is spent is of the utmost importance.

Allocable

All Title III expenditures must be used for 
specific programs, activities and services that 
will benefit ELLs, exclusively. Although 
collaboration with other federal, state and local 
programs are encouraged, Title III expenditures 
must be a monetary resource with a particular 
value.

Sample Budget Page Excerpt – DOE 101

Count	Activity	Function	Object	Account Title and Description	FTE	Amount	
1	Salary for summer school teachers	5100	100	Salaries Salary for summer school for 6 ESOL teachers to strengthen ELLs' reading skills. Program ends June 30 	3	30000	
2	Supplemental bilingual paraprofessional	5100	100	Salaries Supplemental bilingual paraprofessional at 1 middle school to assist in ELL classroom. This position is above and beyond the 15 or more requirement. 	1	18000	
5	Supplemental textbooks	5100	520	Textbooks Supplemental bilingual textbooks for ELLs for use in regular classrooms	0	20000	
6	English instructional software	5100	692	500 Language Learning licenses to provide ELL students with supplementary instruction in vocabulary, listening, and speaking	0	25000	
7	Travel for supplemental training	6400	330	Travel The district will provide opportunities for ESOL endorsed teachers and administrators to attend supplements  trainings or conferences, such as FABES or TESOL 	0	5000	
8	Indirect cost at 2%	7200	790	Indirect cost at 2% to be used 	0	1250	
Totals:	 	$99,250	

Budget page – DOE 101

•	Activity: a short sentence or phrase about the line item
•	Function: four digit code
•	Object: three digit code
•	Title and description: a detailed description of the line item 
•	FTE: Appropriate FTE count
 
Remember: the budget page is designed to enable an auditor to immediately
see what the district is doing without reading the grant. 

Important Dates

•	RFA approved and was sent out to districts through the paperless system.
•	The Title III on-line grant application is live!
•	District completion will expedite DOE completion.
•	July 1, 2010 – Grant year begins
•	September 30, 2010 – last day to draw down up to 25% of grant  funds after an application has been submitted to DOE.  
        
After this date, grant funds will be unavailable until the grant is approved. 

2% Administrative Costs

Is there a cap on the amount of Title III funds that can be used 
for the administration of the ELL program? 

“Yes” A District may use no more than 
2 percent (2%) of the grant for administrative 
costs and indirect costs (Title III, Section 3115[b]). 
Program administrative costs include such 
items as: 
		 >   salaries of project personnel, 
		 >   clerical support, and 
		 >   other costs directly incurred in the administration of    
                              the program 

More

The USDE’s Indirect Cost Determinations, Guidance for State 
and Local Government Agencies (Blue Book) states that any 
"statutory or regulatory limitation applies to the combined 
claims for indirect costs and direct administration costs.“

Example: As part of the 2% administrative costs allowed, a 
district may allocate a Title III coordinator to implement and 
oversee the district’s ESOL program.

More

How is the 2% administrative cost calculated for budget purposes?

• Take the amount available to earn indirect costs and subtract excluded costs (capital outlay—600 object codes). This is the net amount available for both indirect and direct costs. 
•  Divide the net amount by the applicable approved indirect cost rate plus 100% which will give the direct cost. 
•  Subtract the direct cost amount from the net amount available to get the indirect cost amount for the budget. 

More

Example:
• Project Amount, $545,000.00 
• Less: excluded cost (600 object codes) $1,445.00
• Net amount for direct and indirect cost = $543,555.00
• Divide net amount by 1.02 (combined percentage of 100 percent plus the    applicable indirect cost rate percentage) $543,555.00 / 1.02 = $532,897.00
• Subtract this amount from the net amount $543,555.00-$532,897.00 
• Equals the administrative cost dollar amount, which is $10,658.00

Immigrant Children and Youth
NCLB Title III, Part B

2010-2011
Title III Grant Reviewers

•	Ginger Alberto: Alachua, Bay, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Dade, De Soto, Duval, Escambia, Flagler, Hamilton, Seminole, Walton

•	Mark Drennan: Glades, Leon, Levy, Manatee, Marion, Martin, Monroe, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk, Putnam, St. Johns, Sarasota, Volusia

•	Pat Faircloth: Gadsden, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Nassau, Pasco, Pinellas, St. Lucie, Santa Rosa, Sumter, Suwannee 

Purpose

•	To assist districts that experience significant increases in their student population due to immigration. 

•	Allow districts to enhance educational
    opportunities for immigrant  and youth. 

  Note: May or may not be an ELL student.

Q & A for 
Immigrant Children and Youth

Question:  May children born overseas to U.S. military personnel be 
considered “immigrant” for the purposes of the Title III immigrant children 
and youth program authorized in section 3114(d) of the Elementary and 
Secondary Education Act (ESEA)?
 
Answer:  Yes, these children may be counted by an LEA as “immigrant” and
included in the count of immigrant students utilized for funding purposes for 
the Title III immigrant children and youth program.  The term “immigrant 
children and youth” as defined in section 3301(6) of ESEA, means individuals 
who-
•	are aged 3 through 21; 
•	were not born in any State, Puerto Rico or the District of Columbia, and  
•	have not been attending one or more schools in any one or more States for more than 3 full academic years. 

Immigrant Children & Youth
Examples of Activities

•	Family literacy, parent outreach, and training activities
•	Personnel support - specifically trained, or being trained
•	Tutorials, mentoring, and academic or career counseling
•	Basic instruction services, including costs of providing additional classroom supplies, transportation, etc. 
•	Programs of introduction of immigrant children and youth
	to the educational system
•	Civics education & acculturation activities
•	Programs coordinated with community-based organizations, institutions of higher education, private sector entities
•	Identification and acquisition of curricular materials, educational software, and technologies specifically for Immigrant Children and Youth
               
Application Requirements

•	Keep track of students (cannot exceed 3 years in the district).
•	Send mid and end of year report.
•	No carryover funds (no cost extensions)
•	Immigrant student counts using the current definition will be applicable to 2010-11 funding cycle

Applications are to be submitted using Forms  
Project Application Single (DOE 100 A) & Budget         
Narrative Form (DOE 101).  Currently, the online application is not available.