Title V, Part A: Federal Transferability

Title V, Part A Federal Funding Transferability for local educational agencies.

Title V, Part A, of the Elementary and Secondary Education Act (ESEA) reauthorized as the Every Student Succeeds Act (ESSA), allows local educational agencies (LEAs) to transfer federal funds. The purpose of federal transferability is to allow LEAs the flexibility to target federal funds to the programs and activities that most effectively address the unique needs of LEAs (ESSA Section 5102).

An LEA may transfer all, or any lesser amount, of the funds from:

Title II, Part A; and
Title IV, Part A

to:

Title I, Part A;
Title I, Part C;
Title I, Part D;
Title III, Part A; and
Title V, Part B

ESSA, as well as the November 2016 Non-Regulatory Guidance from the U.S. Department of Education, also notes that LEAs may transfer all, or any lesser amount, of funds between Title II, Part A and Title IV, Part A.

An LEA may not transfer any funds allocated to the LEA under the following provisions:

Title I, Part A;
Title I, Part C;
Title I, Part D;
Title III, Part A; and
Title V, Part B (ESSA Section 5103[c])

Each LEA that makes a transfer of federal funds pursuant to ESSA Section 5103 shall—

(A) modify, to account for such transfer, each local plan, or application submitted by the LEA, to which such funds relate;

(B) not later than 30 days after the date of such transfer, submit a copy of such modified plan or application to the State; and

(C) not later than 30 days before the effective date of such transfer, notify the State of such transfer (ESSA Section 5103[d][2]).

In California, LEAs will notify the State of all federal transfers in the Consolidated Application Reporting System on the Federal Transferability form during the Winter Release.

Except as otherwise provided under Title V, Part A, federal transfer funds are subject to each of the rules and requirements applicable to the funds under the provision to which the transferred funds are transferred.

Each LEA that transfers funds under the authority provided by Title V, Part A, shall conduct consultations in accordance with ESSA Section 8501, if such transfer transfers funds from a program that provides for the equitable participation of students, teachers, or other educational personnel, from private schools (ESSA Section 5103[e]).