Title III, Part A, Immigrant Students

Program Description

Title III, Part A, English Language Acquisition, Language Enhancement, and Academic Achievement for Immigrant Students, of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA) (Public Law 114–95) funds are apportioned to local educational agencies (LEAs) to provide supplementary programs and services to immigrant students.

Allocations and Apportionments

The California Department of Education (CDE) adjusts LEA allocation amounts throughout the first 12 months of the grant award period.

• Preliminary allocations include adjustments for LEAs that failed to meet the federal maintenance of effort requirement applicable to 2019–20 funding and did not receive an approved federal waiver, pursuant to Section 8521 of the ESSA. Preliminary allocations lack information about new and significantly expanding charter LEAs.
• Revised allocations incorporate estimated data about new and significantly expanding charter schools and reflect any revisions from the United States Department of Education (ED) to the grant award.
• Final allocations are based on actual current year California Longitudinal Pupil Achievement Data System (CALPADS) information for new and significantly expanding charter schools and eliminate funds previously set aside for LEAs without Consolidated Application Reporting System (CARS) and/or lacking an approved Local Control Accountability Plan (LCAP) Federal Addendum. Funds are redistributed to all eligible LEAs.

Title III, Part A, Immigrant Student allocation amounts are equal to the number of immigrant students reported on the Fall 2018 CALPADS, or the Fall 2019 CALPADS for new and significantly expanding charter schools, multiplied by a rate of $100.42.

Eligible LEAs must have a minimum of 21 eligible immigrant students and two percent or greater growth in the enrollment of eligible immigrant students in 2018 as compared to the average of the eligible immigrant enrollments of 2017 and 2016. Immigrant student enrollment for 2019 is taken from the Fall 2018 CALPADS data collections, or the Fall 2019 CALPADS for new and significantly expanding charter schools

The CDE apportions Title III, Part A, Immigrant Student funds on a quarterly basis following each federal Cash Management Data Collection (CMDC) period until the period of availability expires. Funds are apportioned quarterly to reduce the time elapsing between receipt and disbursement of funds by LEAs in order to comply with federal cash management requirements. In order to receive an apportionment each quarter, an LEA must:

• Apply for Title III, Part A, Immigrant Student funds on the 2019–20 CARS. LEAs must certify the Application for Funding by March 31, 2020.
• Complete the ESSA LEA Plan. The LCAP, the LCAP Federal Addendum, and Consolidated Application serve to meet the LEA Plan requirement.
• File CMDC during an open period and meet federal cash management thresholds.

Each LEA’s quarterly payment equals 25 percent of the Title III, Part A, Immigrant Student allocation minus the cash balance reported in CMDC each respective quarter, minus any funds paid in the same quarter from the balance of any preceding fiscal year funds that have not yet expired.

Example:  If a cash balance of -$250 is submitted for an LEA with a yearly entitlement of $500, the calculated apportionment will be 25% of 500 + 250 or $125 + 250 = $375.

An LEA is subject to a maximum payment equal to 25 percent of the award allocation in the first apportionment of each fiscal year. More details on the CMDC, including quarterly windows and reporting deadlines, are posted on the Federal Cash Management web page.

For standardized account code structure coding, use Resource Code 4201, ESEA (ESSA): Title III, Part A, English Learner Student Program, and Revenue Object Code 8290, All Other Federal Revenue.

Grant Award Identification

The ED grant award number for this funding is S365A190005. The Catalog of Federal Domestic Assistance subprogram number is 84.365A (English Language Acquisition Grants). The funding is appropriated in Schedule (3) of Item 6100-125-0890 of the Budget Act of 2019 (Chapter 23, Statutes of 2019). The California sub-allocation (pass-through) number is Program Cost Account (PCA) 15146.

Applicable Rules and Regulations

This grant is subject to the provisions of Title III and Title VIII of the ESEA, as applicable, and the General Education Provisions Act (Public Law 103-382). This grant is also subject to 34 Code of Federal Regulations (CFR) Part 200; the Education Department General Administrative Regulations in 34 CFR parts 76 (except for 76.650–76.662, Participation of Students Enrolled in Private Schools), 77, 79, 81, 82, 84, 97, 98, and 99; the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200; and 2 CFR Part 3485. Regulations regarding Participation of Eligible Children in Private Schools are found in 34 CFR sections 200.62–200.67.

Grant Award Period and Special Rules

Under the federal Tydings Amendment, Section 421(b) of the General Education Provisions Act (GEPA), any funds that are not obligated at the end of the federal funding period, July 1, 2019, through September 30, 2020, shall remain available for obligation for an additional period of 12 months, through September 30, 2021. Pursuant to authority under ESEA Section 8401(b), CDE was granted a federal funding flexibility waiver of Section 421(b) of the GEPA. This waiver extends the period of availability of fiscal year 2019–20 funds from September 30, 2021 to until September 30, 2022. Information about the federal funding flexibility waivers can be found on the CDE’s Coronavirus (COVID-19) Federal Funding Flexibility web site.

Pursuant to 2 CFR, Section 200.305(b)(9), interest earned amounts up to $500 per year may be retained by the non-Federal entity for administrative expense. Any additional interest earned on Federal advance payments deposited in interest-bearing accounts must be remitted annually. LEAs should forward interest payments for remittance to the ED to:

California Department of Education
Cashier’s Office
P.O. Box 515006
Sacramento, CA 95851

To ensure proper posting of payments, please indicate the program’s PCA number (PCA 15146), and identify the payment as “Federal Interest Returned.”

LEAs have the option to consolidate and use Title III, Part A, Immigrant Student funds with other federal, state, and local funds for schoolwide programs pursuant to Section 1114 of the ESSA and Title 34 of the CFR, Part 200, Subpart A, sections 200.25 through 200.29.

Additional information such as program purposes, eligibility of schools, core elements, components, and benefits of a schoolwide program, is posted on the Title I Schoolwide Program web page.

Contacts

Program Questions: Geoffrey Ndirangu, Education Programs Consultant, Language Policy and Leadership Office, email: Gndirang@cde.ca.gov, phone: 916-323-5831

Fiscal Questions: Cristina Echols Gollas, Staff Services Analyst, Language Policy and Leadership Office, email: CEcholsgollas@cde.ca.gov, phone: 916-323-5124