Title II, Part A Frequently Asked Questions

These FAQs are intended to assist local educational agencies (LEAs) in implementing the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (ESSA), Title II, Part A provisions. Guidance is provided by the U.S. Department of Education (ED) and the California Department of Education (CDE). Applicable legal citations are included. LEAs should consult with their counsel about their unique circumstances before making any decision.

Title II Purpose

The purpose of Title II, Part A SEI subgrants to LEAs is to increase student achievement consistent with challenging academic standards; improve the quality and effectiveness of teachers, principals, and other school leaders; increase the number of teachers, principals, and other school leaders who are effective in improving student academic achievement in schools; and provide low-income and minority students greater access to effective teachers, principals, and other school leaders. (20 United States Code [USC] Section 6601)

Building a System of Professional Growth
Federal Transferability
Funding of Subgrants to LEAs
Supplement Not Supplant
Teacher and Paraprofessional Credentials
Use of Funds

Building a System of Professional Growth

1. How does an LEA demonstrate its coordination of professional development activities?

   LEAs typically prepare planning documents such as the Local Control and Accountability Plan (LCAP) and LCAP Federal Addendum. These documents should describe the strategies and programs which support professional learning. Since Title II, Part A funds are considered supplemental and intended to increase the effectiveness of teachers, activities supported by these funds should be coordinated with professional development activities provided through other federal, state, and local programs. The LCAP provides opportunities to demonstrate the coordination of programs. For further information, see the CDE LCAP web page. (20 USC Section 6612[b][2][F], 20 USC Section 6691)

2. How might Title II, Part A funds be used to build a system of professional growth?

   A system of professional growth should support educators at various points in their professional growth from the beginning of their career. The system should also provide opportunities for advancement. Data should be gathered to monitor both the improvement of educators and how effectively the system is meeting local needs. There are many opportunities to use Title II, Part A funds to develop new ways to support educators and to strengthen existing efforts to provide professional growth opportunities for teachers and school leaders. For guidance on professional growth systems, please see the Building Systems of Support for Excellent Teaching and Leading guidance (PDF) guidance prepared by the ED. (20 USC Section 6612[b][2][B][D][F]])

Federal Transferability

1. May LEAs transfer Title II, Part A federal funds to programs that more effectively address their local needs?

   Yes. Up to 100 percent of Title II, Part A funds can be transferred to these programs: Title I, Part A; Title I, Part C; Title I, Part D; Title III, Part A; and Title V, Part B. LEAs will report federal transfers in the Consolidated Application and Reporting System on the Federal Transferability form. Federal transfer funds are subject to each of the rules and requirements applicable under the provision to which the funds are transferred. Before transferring funds, each LEA must conduct consultations with private school officials. ESSA, as well as the November 2016 Non-Regulatory Guidance from the ED, also notes that LEAs may transfer all, or any lesser amount, of funds between Title II, Part A and Title IV, Part A. For further information, see the CDE Federal Transferability web page. (20 USC Sections 7305a, 7305b[b])

Funding of Subgrants to LEAs

1. How does the CDE allocate Title II, Part A funds to eligible LEAs?

   Twenty percent of the funds are allocated according to each LEA's portion of the state's population of students, age five through seventeen, and 80 percent of the funds are allocated according to each LEA's portion of the state's population of children, age five through seventeen, from families with incomes below the poverty line. The amount LEAs receive varies based on the total number of qualifying students statewide and the federal funds available for each fiscal year. (20 USC Section 6612[a][2])

2. How does an LEA apply for Title II, Part A funds?

   An LEA’s complete application includes:

   • A Local Control and Accountability Plan (LCAP), a three-year plan that describes the goals, actions, services, and expenditures to support positive student outcomes that address state and local priorities. For further information, visit the LCAP web page.
   • The LCAP Federal Addendum, a supplement to the LCAP to ensure that eligible LEAs have the opportunity to meet the LEA Plan provisions of the ESSA. For further information see the LCAP Federal Addendum web page.
   • The Consolidated Application (ConApp) provided by the CDE to distribute categorical funds from various state and federal programs to county offices of education, school districts, and direct-funded charter schools throughout California. Further information can be found on the CDE ConApp web page.

3. How can LEAs that receive Title II funds determine the approved indirect cost rate?

   A list of approved indirect cost rates is available on the CDE Indirect Cost Rates web page.

4. What are the Standardized Account Code Structure (SACS) Resource Codes for the Title II, Part A programs?

   The SACS Resource Code is 4035 and the SACS Revenue Code is 8290. For more information on SACS Resource Codes, please see the CDE SACS web page.

Supplement Not Supplant

1. What is meant by the supplement not supplant requirement?

   Federal funds may not be used to supplant non-federal funds that would otherwise be used for activities authorized under the program. Supplanting may occur if federal funds are used to provide services required by other federal, state, or local laws, or were provided with non-federal funds in prior year. To determine if the cost is supplanting, ask the following questions:

   • Are the Title II funds being used to provide services that the LEA was required to make available under other federal, state, or local laws? For example, were the funds used to support English Language Development or child-abuse training?
   • Are the Title II, Part A funds being used to provide services that the LEA provided with non-federal funds in prior years? For example, was a position or were consultation services paid from another source the previous year?

   
   If the answer to either of these questions is yes, then the use of funds is not supplementary to core services required by other federal, state, or local laws. (20 USC Section 6691)

Teacher and Paraprofessional Credentials

1. Are district paraprofessionals supported by Title I funding required to have credentials?

   Yes, paraprofessionals in programs supported by Title I funding must have state approved credentials. In California, paraprofessionals in Title I supported programs must have either two years of college, an associate’s degree, or pass an appropriate local examination. An exception applies to paraprofessionals who provide translation or solely conduct parent involvement activities. Please refer to California Education Code 45330 .

2. What are the guidelines for notification to parents concerning teacher qualifications?

   At the beginning of each school year, LEAs are required to notify the parents of each student attending any school receiving Title I funds that the parents may request, and the school district will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student's classroom teachers, including at a minimum, the following:

   • (i) Whether the student’s teacher:
     
     
     • (I) has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction;
       
       
     • (II) is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived; and
       
       
     • (III) is teaching in the field of discipline of the certification of the teacher.
       
       
   • (ii) Whether the child is provided services by paraprofessionals and, if so, their qualifications. (20 USC Section 6312[e][1][A])

   
   In addition, federal law requires that LEAs provide timely notification to the parents of each student attending any school receiving Title I funds when their child has been taught for four or more consecutive weeks by a teacher who has not met state certification or licensure requirements at the grade level and subject area in which the teacher has been assigned. For further information, see the CDE Improving Teacher and Principal Quality web page. (20 USC Section 6312[e][1][B][ii])

Use of Funds

All Students

1. What does the term “all students” mean for Title II?

   Under the ESSA (20 USC Section 6613), Title II programs and activities shall address the learning needs of all students, including children with disabilities, English learners, and gifted and talented students. This indicates that Title II expenditures should not be limited in their benefit to only general education students, but also address learning needs of these additional groups of students.

Biliteracy

1. Can Title II funds be used for biliteracy at schools that offer biliteracy schoolwide or when a school offers biliteracy as an option?

   Yes, if the cost otherwise meets the use of funds requirements in the ESSA (20 USC Section 6613).

Culturally Responsive and Anti-Racist Professional Development (PD)

1. Can we utilize Title II funds to provide PD to our teaching staff and administrators around implementing culturally responsive and anti-racist curriculums?

   This could be an allowable cost. All Title II, Part A expenditures shall address the learning needs of all students and be in alignment with the LEAs PD needs as stated in the LEAs planning documents such as the Local Control and Accountability Plan (LCAP) and/or the LCAP Federal Addendum. Moreover, Title II, Part A funding is supplemental funding. Therefore, any expenditures made with Title II, Part A funding must be above and beyond activities or positions typically funded or previously funded with other funding sources.

   As with any use of Title II, Part A funding, it is situational. Further, these expenditures must be reasonable, necessary, and justifiable as well as dependent upon the educational partner feedback provided as a requirement of the LEA planning process. When all of the above criteria are met, this may be allowable as per the Title II Local Uses of Funds in the ESSA (20 USC Section 6613[b][3]).

Custodial Overtime

1. If we have staff training on the weekend paid with Title II funds, can we also use Title II funds to pay for the custodial overtime to clean bathrooms, and open and lock facilities?

   No. Custodial overtime would be considered a general operating expense and therefore not an allowable use.

English Language Development Training

1. Can Title II funds be used for English Language Development training and implementation?

   This could be an allowable cost. All Title II, Part A expenditures shall address the learning needs of all students and be in alignment with the LEAs PD needs as stated in the LEAs planning documents such as the Local Control Accountability Plan (LCAP) and/or the LCAP Federal Addendum. Moreover, Title II, Part A funding is supplemental funding. Therefore, any expenditures made with Title II, Part A funding must be above and beyond activities or positions typically funded or previously funded with other funding sources.

   As with any use of Title II, Part A funding, it is situational. Further, these expenditures must be reasonable, necessary, and justifiable as well as dependent upon the educational partner feedback provided as a requirement of the LEA planning process. When all of the above criteria are met, this may be allowable as per the Title II Local Uses of Funds in the ESSA (20 USC Section 6613):

   Title II programs and activities shall address the learning needs of all students, including children with disabilities, English learners, and gifted and talented students. Title II funds may be used for developing programs and activities that increase the ability of teachers to effectively teach children with disabilities, including children with significant cognitive disabilities, and English learners, which may include the use of multi-tier systems of support and positive behavioral intervention and supports, so that such children with disabilities and English learners can meet the challenging state academic standards.

Food

1. May an LEA use Titlle II, Part A funds for food when hosting a PD meeting?

   There is a very high burden of proof to show that paying for food and beverages with Federal funds is necessary to meet the goals and objectives of a federal grant. For more information on the use of Title II, Part A funds for conferences and meetings, please refer to Question 6 in the FAQs on Using Federal Funds for Conferences and Meetings document located on the U.S. Department of Education Memoranda and Guidance for Grantees web page .

Membership and Subscriptions

1. Are memberships/subscriptions allowable under Title II, Part A?

   If the membership/subscription is in alignment with the Title II Local Uses of Funds in the ESSA (20 USC Section 6613[b]) and provides educational PD related material for teachers, principals, and other school leaders, it is an allowable expense under Title II, Part A. The LEA must be able to justify/show/document a return value of the membership to the staff who are the intended focus of these funds. It must also be of benefit to the grant activities. Memberships in the LEA or charter’s name that can be purchased by position and are transferable in the event of transition or vacancy, thereby benefiting the LEA or school, are allowable. Membership in an individual’s name only is not allowable.  

   Title 2, Code of Federal Regulations, Section 200.454, Memberships, Subscriptions, and Professional Activity Costs, is an additional reference that provides guidance as to when memberships and subscriptions are an allowable expense. The regulations provide the following: 

   • Costs of the non-federal entity's membership in business, technical, and professional organizations are allowable.
     
     
   • Costs of the non-federal entity's subscriptions to business, professional, and technical periodicals are allowable.
     
     
   • Costs of membership in any civic or community organization are allowable with prior approval by the federal awarding agency or pass-through entity.
     
     
   • Costs of membership in any country club or social or dining club or organization are unallowable.
     
     
   • Costs of membership in organizations whose primary purpose is lobbying are unallowable.

Prioritize Title II Funds

1. Do LEAs need to specifically prioritize Title II funds for schools designated for comprehensive support and improvement activities and targeted support and improvement activities under ESSA Section 1111(d) and that have the highest percentage of children counted under ESSA Section 1124(c)?

   Yes, ESSA (20 USC Section 6612) requires districts to describe how they will prioritize funds to schools that are implementing comprehensive support and improvement activities and targeted support and improvement activities under ESSA Section 1111(d) and that have the highest percentage of children counted under ESSA Section 1124(c).

Recruitment

1. May LEAs use Title II, Part A funds for recruitment efforts?

   Permitted activities include developing and implementing initiatives to assist in recruiting, hiring, and retaining effective teachers, particularly in low-income schools with high percentages of ineffective teachers and high percentages of students who do not meet the challenging state academic standards, is listed as an allowable activity under Title II, Part A (20 USC section 6613[b][3][B]).

   Also listed as an allowable activity is the recruitment of qualified individuals from other fields to become teachers, principals, or otherschool leaders (20 USC Sections 6613[b][3][C]). Please refer to Question 3 under the Use of Funds for School or District Leaders on this page for the definition of a school leader under ESSA. The funds may not be used to supplant state/local funds and must otherwise meet the applicable cost principles of Subpart E of 2 CFR 200.

Student Materials

1. Would purchasing instructional materials for students be an allowable use of Title II, Part A funds?

   Purchasing student instructional materials is not on the list of permissible activities set forth at 20 USC section 6613(b). Moreover, purchasing student materials does not align with the purpose of Title II, Part A, which is, in essence, to increase student achievement consistent with challenging academic standards by improving the quality and quantity of teachers, principals, and other school leaders, including greater access for low-income and minority students. LEAs must use the funds “to develop, implement, and evaluate comprehensive programs and activities described in” 20 USC Section 6613, subsection (b) (20 USC Sections 6601, 6613).

   Finally, Title II funds may not be used to supplant non-federal funds that would otherwise be used to provide instructional materials for the students (See 20 USC Section 6691).

Substitutes

1. May the costs of a substitute teacher be charged to Title II, Part A while teachers are attending a PD?

   Probably. According to guidance from the ED, Title II, Part A funds may be used to pay for substitute teachers to cover classes during the school day while the teacher is attending a PD (20 USC sections 6611[c][4][B][v] and 6613[b][3][E]); Please see ED Non-Regulatory Guidance for Title II, Part A: Building Systems of Support for Excellent Teaching and Leading (PDF).

   Additionally, the PD must meet the Title II, Part A definition of PD under ESSA (20 USC Section 7801[42]) and must be allocable to the Title II, Part A program (Title 2 Code of Federal Regulations [2 CFR] Sections 200.400—200.411).

Travel

1. Can Title II be used to pay mileage for instructional coaches? What if the coach is not paid with Title II funds? What if they are paid with Title II funds?

   Mileage for Title II funded coaches could be an allowable use of Title II funds.

   To be allowable, the mileage reimbursement would need to be necessary and reasonable in accordance with 2 Code of Federal Regulations Section 200.403(a). In addition, LEAs must adhere to the district’s mileage reimbursement policy.

   If the instructional coach is not paid with Title II funds, the cost is likely unallowable. Under Title II, all costs must be used to supplement, and not supplant, non-federal funds that would otherwise be used for activities authorized under ESSA. (20 USC Section 6613)

2. May Title II, Part A funds be used for the travel costs (registration, lodging, transportation) associated with attending a PD?

   Maybe. The PD activity must meet the definition of PD under ESSA, (activities that are sustained, intensive, collaborative, job-embedded, data-driven, personalized, or based on information from an evaluation and support system, and classroom-focused rather than PD that stands alone and does not connect to a larger school-wide or individualized plan (20 USC Section 7801[42]). Also, the role of the individual attending the PD must align with the purpose of Title II, which includes supporting teachers, assistant principals, principals or other school leaders. Please refer to Question 3 under the Use of Funds for School or District Leaders on this page for the definition of a school leader under ESSA.

   For additional Federal requirements applicable to travel costs, see 2 CFR Sections 200.400 – 200.411, 200.475.

   For additional information, see Questions 14-16 in the FAQs on Using Federal Funds for Conferences and Meetings document located on the U.S. Department of Education web page .

Uses of Funds for Mentors and Coaches

1. May full-time mentors or instructional coaches be partially or fully funded with Title II, Part A funds?

   Maybe. The positions and activities of the mentors or instructional coaches must align with the purpose and intent of Title II, Part A, and must be supplemental to the core program such that the funds are not supplanting non-Federal funds that would otherwise be used for activities authorized under Title II, Part A (20 USC Sections 6613[b][3][B] and 6691).

Uses of Funds for School or District Leaders

1. May Title II, Part A funds be used for administrator credential preparation programs?

   Yes. Funds may be used for administrator credential preparation programs. To improve equity in the distribution of teachers and other school leaders, programs may provide opportunities for advancement and professional growth for teachers, paraprofessionals, and school leaders are an allowable use of Title II, Part A funds. (20 USC Section 6613[b][3][B])

2. Can Title II, Part A funds be used to support teacher, principal, or other school leader induction and mentoring programs?

   New teacher, principal, or other school leader induction and mentoring programs that are designed to improve classroom instruction and student learning and achievement; and increase the retention of effective teachers, principals, or other school leaders are listed as allowable activities under Title II, Part A (20 USC Sections 6613[b][3][B][iv]). Induction and mentoring programs are most likely to result in sustained, improved outcomes if aligned with identified needs and evaluated for effectiveness. Please see ED Non-Regulatory Guidance for Title II, Part A: Building Systems of Support for Excellent Teaching and Leading (PDF).

3. What is the definition of a “school leader” under Title II, Part A?

   ESSA defines a “school leader” as a principal, assistant principal or other individual who is:

   An employee or officer of an elementary school or secondary school, LEA, or other entity operating an elementary school or secondary school; and

   Responsible for the daily instructional leadership and managerial operations in the elementary school or secondary school building (20 USC Section 7801[44]).

4. May Title II, Part A funds be used to pay for assistant superintendents, superintendents, director of communications, chief business officers, district staff or school office staff to participate in professional development?

   No, assistant superintendents, superintendents, director of communications, chief business officers, district staff or school office staff likely do not meet the definition of school leader. The term “school leader” means a principal, assistant principal, or other individual who is:

   1. An employee or officer of an elementary school or secondary school, LEA, or other entity operating an elementary school or secondary school; and
   2. Responsible for the daily instructional leadership and managerial operations in the elementary school or secondary school building. (ESSA Section 8101[44])

5. May Title II, Part A funds be used to pay the salary costs for the Director of Curriculum and Instruction, Curriculum Coordinator, and Professional Development Director?

   Probably not, please contact the Title II Office at TitleII@cde.ca.gov.