Title III Supplement/Supplant

August 19, 2009

Title IIISupplement/Supplant

August 19, 2009

August 19, 2009

Agenda• Welcome• Roll Call• Supplement/Supplant – Background• Implications• Appropriate Uses of Title III Funds• Next Steps

August 19, 2009

Background • Civil Rights Requirements

– Title VI of Civil Rights Act of 1964– Lau v. Nichols– Castaneda v. Pickard– Equal Educational Opportunities Act of

1974

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BackgroundThe Civil Rights Act and ensuing

Supreme Court rulings mean that schools MUST provide language acquisition services for ONE student or many students.

NO exceptions

August 19, 2009

Determination of Supplement/Supplant

• First Test:– An LEA uses Title III funds to provide

services that the LEA is required to make available under state or local laws, or other Federal laws.

August 19, 2009

Determination of Supplement/Supplant

• Second Test– Supplanting exists if the LEA uses Title

III funds to provide services that it provided in the prior year with state, local, or other federal funds

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Use of Title III Funds• Title III funds to 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.

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Use of Title III Funds• Funds can be used for:

– providing additional services to ELL students beyond the “core language instruction educational programs and services for limited English proficient students.”

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Implications• Salaries of teachers who provide core services for language

students – general fund

• Salaries of paraprofessionals who provide core services for language students – general fund

• Salaries for administration who support the ELL program – general fund

• All assessments (ELPA and Screener) – general fund

August 19, 2009

Core Language Instruction• Determinations to be made:

– What is the “Core Language Curriculum” for English Language Learners?• Determined in the same way that an LEA

determines other core curricula• Teachers, texts, supplies, materials

– These are general fund responsibilities

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Core Language Instruction• What other requirements are made

in the pertinent laws and court rulings?– Communicating with parents

• Written• Oral

– These are general fund expenses

August 19, 2009

Core Language Instruction• What other requirements are made

in the pertinent laws and court rulings?

• Testing• Eligibility Assessments

– These are general fund expenses

August 19, 2009

Core Language Instruction• What other requirements are made

in the pertinent laws and court rulings?

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Additional Supports• What additional supports might a

student need?– Common determiner to determine that a

student may need additional support in order to acquire the language skills necessary to master the curriculum required of all students

August 19, 2009

Additional SupportsIf, based on the common determiner, a

student needs additional support– Is the need centered on the

acquisition of the curriculum?• Could use Title I funds IF the student is Title

I eligible

August 19, 2009

Additional SupportsIf, based on the common determiner, a

student needs additional support– Is the need centered on the

acquisition language skills necessary to access and master the curriculum?

– Could use Title III funds if the student is Title III eligible

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Use of Title III Funds• Title III funds can be used to:

– provide additional services to ELL students beyond the “core language instruction educational programs and services for limited English proficient students.”

August 19, 2009

Use of Title III FundsFunds can be used for:

– additional tutoring.– additional parental supports.– additional after school/weekend/summer

supports.– additional materials and tools.

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Use of Title III Funds• Funds can be used for:

– Professional development for classroom and ELL staff

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Next Steps• LEAs should identify their core ELL

curriculum in the same way that a core curriculum is identified for other subject matter

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Next Steps• LEAs should be sure that they have

uniform criteria in place to determine that ELL students need additional support – similar to Title I criteria

• LEAs should be sure that they have uniform criteria in place to determine that ELL students can exit the support program – similar to Title I criteria

August 19, 2009

Next Steps• LEAs should identify their ELL

support program

• LEAs should identify their ELL professional development program

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Next Steps• Based on these decisions about

curriculum and supports, decisions can be made about which funding source can be used to fund the program/activity

August 19, 2009

Questions??

August 19, 2009

Contacts

– Linda Forward, SupervisorSchool Improvement SupportOffice of Education Improvement and [email protected]