AUTHORIZATION:

Elementary and Secondary Education Act of 1965 (ESEA), as amended,Title III, Part A, Sections 3101-3129.

OBJECTIVES:

To ensure that limited English proficient children (LEP) and youth, including immigrant children and youth, attain English proficiency and meet the same challenging State academic content and student academic achievement standards as all children and youth are expected to meet; to provide assistance to Native American, Native Hawaiian, Native American Pacific Islander, and Alaska Native children with certain modifications relative to the unique status of native American language under Federal Law; to award competitive grants in order to provide professional development activities to improve classroom instruction for LEP children.

TYPES OF ASSISTANCE:

Formula Grants Place Cursor Here for Definition

Project Grants Place Cursor Here for Definition

USES AND USE RESTRICTIONS:

The Department makes awards to States using a formula based on their share of limited English proficient (LEP) children and immigrant children. States must use at least 95 percent of their allocations to award local educational agencies subgrants to assist limited English proficient students to learn English and meet challenging State academic content and student academic achievement standards and to provide immigrant students enhanced instructional opportunities. States may reserve up to 5 percent of their allocations for administrative costs and technical assistance to subgrantees. Subgrantees must provide high-quality professional development training for teachers and support personnel. Training must improve teacher instruction and assessment capabilities, and enhance their ability to understand and use curricula, assessment measures, and instructional strategies for LEP students. Training must also be based upon scientifically based research and be of sufficient intensity and duration to have a positive and lasting impact. Funds may also be used for identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment procedures. Under the Native American and Alaska Native children in school program, the Department also makes grants to entities to carry out programs for Native American (including Alaska Native) children. National Professional Development projects are intended to improve instruction for students with limited English proficiency and assist education personnel working with such children to meet high professional standards. This program is subject to non-supplanting requirements and must use a restricted indirect cost rate which is referenced under 34 CFR 76.564-76.569. For assistance call the Office of Chief Financial Officer/Indirect Cost Group on (202) 708-7770.

ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:   States and outlying areas with approved State plans are eligible to receive funds. For the project grant component, eligibility is limited to a tribally sanctioned educational authority, or an elementary or secondary school that is operated or funded by the Bureau of Indian Affairs or a nonprofit, Native Hawaiian or Native American Pacific Islander language organization.

Beneficiary Eligibility:  
Children with limited English proficiency benefit.

Credentials/Documentation:   No Credentials or documentation are required. This program is excluded from coverage under OMB Circular No. A-87.

Pre-application Coordination:   Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure:   This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. States apply for grants by submitting a plan to the Department that describes the process they will use in making sub-grants, holding sub-grantees accountable for making adequate yearly progress for LEP students, and establishing standards and objectives for raising the level of English proficiency in alignment with State academic content and student academic achievement standards. Outlying area applicants must decide if they will apply under the Consolidated Application Process for outlying areas through which they may combine various funds. An application must be developed in which the proposal addresses the purpose of the grant, priorities, goals and objectives, activities, evaluation, needs, and a budget indicating how the funds will be used. Eligible entities applying for funding under the Native American and Alaska Native Children in School Program submit a competitive discretionary grant that describes: the programs and activities that will be developed, implemented and administered; how the funds will be used to meet all the annual measurable achievement objectives; and other criteria included in the application notice and program statute. Institutions of higher education may apply for National Professional Development project awards in consortia with SEAs or LEAs.

Award Procedure:   The Department allocates funds to any State or outlying area with an approved plan. States must expend at least 95 percent of their Title III allotments to award subgrants to local educational agencies and other eligible entities to meet the educational needs of LEP and immigrant children and youth. The project grant applications for Native American institutions are approved for awards by the Director, Office of English Language Acquisition, Language Enhancement, and Academic Achievement based on evaluations and recommendations from outside experts and an administrative review of the applications.

Deadlines:   Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time:   

Approximately 120 days.

Appeals:   

In programs administered by the Department, Section 432 of the General Education Provisions Act provides local educational agencies with a right of appeal in disagreements between State and local educational agencies, including disagreements over funding decisions. Where a local educational agency alleges that the denial of funding is "a violation of State or Federal law, rules, regulations, or guidelines governing the applicable program," it may, within 30 days, request a hearing from the State educational agency. Once the hearing is held and the State educational agency issues its written ruling, the local educational agency may appeal a negative ruling to the Secretary.

Renewals:   

Not Applicable.

	back to top

ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:   

Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance:   

Length and Time Phasing of Assistance Funds under the State Formula Grant and the Outlying Area Grant programs are 1-year grants; the discretionary grants under the Native American program are for up to 5 years, subject to the availability of appropriations. National Professional Development projects are awarded for no more than 5 years. See the following for information on how assistance is awarded/released: Electronic transfer.

POST ASSISTANCE REQUIREMENTS:

Reports:   Grantees are subject to the reporting requirements contained in Parts 76 and 80 of the Education Department General Administrative Regulations (EDGAR). Specific for formula grants: States prepare and submit reports every year on the programs and activities carried out by the SEA and the effectiveness of such programs and activities in improving the education of children who are limited English proficient. Local educational agencies that receive sub-grants from SEAs must provide States with an evaluation every second year. The evaluation must include: A description of the programs and activities conducted; a description of the progress made by children in learning English and meeting challenging State academic content and achievement standards; the number and percentage of children in the programs attaining English proficiency by the end of each year; and a description of the progress made by children in meeting State academic content and student achievement standards for each of the 2 years after such children are no longer receiving services. Cash reports are not applicable. Progress reports are not applicable. Expenditure reports are not applicable. Performance monitoring is not applicable.

Audits:   This program is excluded from coverage under OMB Circular No. A-133. All grantees are subject to the provisions of the Single Audit Act.

Records:   All grantees must maintain and complete records as provided in EDGAR.

FINANCIAL INFORMATION:

Account Identification:  

91-1300-0-1-501.

Obligations:   (Formula Grants) FY 15 $670,469,000; FY 16 est $684,469,000; and FY 17 est $680,782,000

Range and Average of Financial Assistance:  

FY 16 $91,754 - $149,984,648; $12,222,661 average.

	back to top