parents must be provided within the first 30 days of the school year or within 2 weeks of enrollment if the student enrolls later in the year. (Section 1112(g)(1), Section 3302, and IC 20-30-9-9) Improper Use of Title I and Title III Funded Supplemental Programs for ELs: Title I or Title III services supplant or take the place of the district’s core EL program required by Lau 1974, Castaneda 1981 District or school uses funds to pay for something that was paid for in the previous year with other federal, state, or local funds (an LEA may be able to refute this presumption, however, if it can demonstrate that those services could not be continued due to state/local fund budget constraints) Title III funds utilized for programs/services required by other federal, state or local laws. Example: If a student is eligible for Title I and Title III, then Title III cannot be used to take the place of services that the student was already eligible for under Title I; the student would be eligible for both. Hierarchy of Related Federal Laws and Programs An English learner’s core instruction programming is unique because it has an additional component of an EL program that is not present for native English speaking students. The Office of Civil Rights (OCR) requires LEAs to identify students who need language assistance, develop a program that has a reasonable chance of success, support it with the appropriate number of staff and resources, and evaluate its success. A school district must provide a core EL program prior to utilizing Title I and Title III funds. The chart below shows the succession of programs if an English learner was eligible for Title I, Title III, and migrant services.
parents must be provided within the first 30 days of the school year or within 2 weeks of enrollment if the student enrolls later in the year. (Section 1112(g)(1), Section 3302, and IC 20-30-9-9) Improper Use of Title I and Title III Funded Supplemental Programs for ELs: Title I or Title III services supplant or take the place of the district’s core EL program required by Lau 1974, Castaneda 1981 District or school uses funds to pay for something that was paid for in the previous year with other federal, state, or local funds (an LEA may be able to refute this presumption, however, if it can demonstrate that those services could not be continued due to state/local fund budget constraints) Title III funds utilized for programs/services required by other federal, state or local laws. Example: If a student is eligible for Title I and Title III, then Title III cannot be used to take the place of services that the student was already eligible for under Title I; the student would be eligible for both. Hierarchy of Related Federal Laws and Programs An English learner’s core instruction programming is unique because it has an additional component of an EL program that is not present for native English speaking students. The Office of Civil Rights (OCR) requires LEAs to identify students who need language assistance, develop a program that has a reasonable chance of success, support it with the appropriate number of staff and resources, and evaluate its success. A school district must provide a core EL program prior to utilizing Title I and Title III funds. The chart below shows the succession of programs if an English learner was eligible for Title I, Title III, and migrant services.
els-title-i-1.docx