Title III EL Student Program Subgrant Assurances

Assurances from the Elementary and Secondary Education Act, as Amended by the Every Student Succeeds Act (ESSA):

1. Each local educational agency (LEA) receiving Title III English Learner (EL) funds agrees to use the funds to increase the English language proficiency and academic proficiency of EL students, provide effective professional development, and other effective activities and strategies that enhance or supplement language instruction educational programs including, but not limited to implementation of effective parent, family, and community engagement activities and strategies for EL students. (20 United States Code (USC) §6825; Public Law (PL) 114-95, §3115 (c)) Subject to this subsection, the LEA also may use the funds to achieve any of the authorized activities described in 20 USC §6825(d) as follows:
   1. Upgrading program objectives and effective instructional strategies;
   2. Improving the instructional program for English learners by identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment procedures;
   3. Providing tutorials and academic or career and technical education; and intensified instruction to English learners;
   4. Developing and implementing effective preschool, elementary school, or secondary school language instruction educational programs that are coordinated with other relevant programs and services;
   5. Improving the English language proficiency and academic achievement of English learners;
   6. Providing community participation programs, family literacy services, and parent and family outreach and training activities to English learners and their families;
   7. Improving the instruction of English learners, which may include English learners with a disability;
   8. Offering early college high school or dual or concurrent enrollment program or courses designed to help English learners achieve success in postsecondary education;
2. The LEA may use no more than 2 percent of the EL program subgrant for direct administrative costs for a fiscal year. (20 USC §6825; PL 114-95, §3115(b))
3. The LEA can apply its approved indirect rate to the portion of the subgrant that is not reserved for direct administrative costs. A list of approved indirect cost rates is available on the California Department of Education (CDE) Indirect Cost Rates (ICR) web page.
4. The LEA is not in violation of any state law, including State constitutional law, regarding the education of EL, consistent with 20 USC §6826; PL 114-95, §3116(b)(4)(B).
5. The LEA shall provide the CDE with a report every fiscal year addressing all elements under 20 USC §6841; PL 114-95, §3121(a).
6. The LEA assures that it annually assesses the English proficiency of all EL students enrolled in their schools using the state’s English language proficiency assessment. (20 USC §6311; PL 114-95, §1111(b)(2)(G)(i))

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