NCLB

No Child Left Behind

Title III, Part A Legal and Regulatory Requirements

 

No Child Left Behind

Consolidated Application Update/
DCEP Addendum Update

2009-10

Title III, Part A - Language Instruction for LEP and Immigrant Students

Purposes of the Title III, Part A of the NCLB Act (SEC. 3102)

To help ensure that children who are limited English proficient, including immigrant children and youth, attain English proficiency, develop high levels of academic attainment in English, and meet the same challenging State academic content and student academic achievement standards as all children are expected to meet;

To assist all limited English proficient children, including immigrant children and youth, to achieve at high levels in the core academic subjects so that those children can meet the same challenging State academic content and student academic achievement standards as all children are expected to meet, consistent with section 1111(b)(1) of NCLB;

To develop high-quality language instruction educational programs designed to assist State educational agencies, local educational agencies, and schools in teaching limited English proficient children and serving immigrant children and youth;

To assist State educational agencies and local educational agencies to develop and enhance their capacity to provide high-quality instructional programs designed to prepare limited English proficient children, including immigrant children and youth, to enter all-English instruction settings;

To assist State educational agencies, local educational agencies, and schools to build their capacity to establish, implement, and sustain language instruction educational programs and programs of English language development for limited English proficient children;

To promote parental and community participation in language instruction educational programs for the parents and communities of limited English proficient children;

To streamline language instruction educational programs into a program carried out through formula grants to State educational agencies and local educational agencies to help limited English proficient children, including immigrant children and youth, develop proficiency in English, while meeting challenging State academic content and student academic achievement standards;

To hold State educational agencies, local educational agencies, and schools accountable for increases in English proficiency and core academic content knowledge of limited English proficient children by requiring: "(A) demonstrated improvements in the English proficiency of limited English proficient children each fiscal year; and "(B) adequate yearly progress for limited English proficient children, including immigrant children and youth, as described in Section 1111(b)(2)(B) ; and

To provide State educational agencies and local educational agencies with the flexibility to implement language instruction educational programs, based on scientifically based research on teaching limited English proficient children, that the agencies believe to be the most effective for teaching English.

Required Activities for the Use of Title III, Part A LEP Funds (SEC. 3115)

Title III, Part A LEP funds must provide programs and activities in the following areas:

  • Provide high-quality language instruction educational programs that are based on scientifically based research demonstrating the effectiveness of the programs in increasing English proficiency and student academic achievement in the core academic subjects; and
    • Developing and implementing new language instruction educational programs and academic content instruction programs for LEP students and immigrant children and youth, including programs of early childhood education, elementary school programs, and secondary school programs.
    • Carrying out highly focused, innovative, locally designed activities to expand or enhance existing language instruction educational programs and academic content instruction programs for such children, and such children and youth.
    • Implementing, within an individual school, schoolwide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for such children, and such children and youth.
    • Implementing, within the entire jurisdiction of a local educational agency, agencywide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for such children, and such children and youth.
  • Provide high-quality professional development to classroom teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), principals, administrators, and other school or community-based organizational personnel, that is -
    • designed to improve the instruction and assessment of limited English proficient children;
    • designed to enhance the ability of such teachers to understand and use curricula, assessment measures, and instruction strategies for limited English proficient children;
    • based on scientifically based research demonstrating the effectiveness of the professional development in increasing children's English proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and
    • of sufficient intensity and duration (which shall not include activities such as one-day or short-term workshops and conferences) to have a positive and lasting impact on the teachers' performance in the classroom, except that this shall not apply to an activity that is one component of a long-term, comprehensive professional development plan established by a teacher and the teacher's supervisor based on an assessment of the needs of the teacher, the supervisor, the students of the teacher, and any local educational agency employing the teacher.

Other Authorized Activities for the Use of Title III, Part A LEP Funds (SEC. 3115)

In addition to the required activities discussed above, Title III, Part A funds may be used for the following programs and activities:
  • Upgrading program objectives and effective instruction strategies.
  • Improving the instruction program for LEP students by identifying, acquiring and upgrading curricula, instructional materials, educational software, and assessment procedures.
  • Providing:
    • tutorials and academic or vocational education for LEP students; and
    • intensified instruction.
  • Developing and implementing elementary school or secondary school language instruction educational programs that are coordinated with other relevant programs and services.
  • Improving the English proficiency and academic achievement of LEP students.
  • Providing community participation programs, family literacy services, and parent outreach and training activities to LEP students and their families -
    • to improve the English language skills of LEP students; and
    • to assist parents in helping their children to improve their academic achievement and becoming active participants in the education of their children.
  • Improving the instruction of LEP students by providing for -
    • the acquisition or development of educational technology or instructional materials;
    • access to, and participation in, electronic networks for materials, training, and communication ; and
    • incorporation of the resources described above into curricula and programs, such as those funded under Title III, Part A.
  • Carrying out other activities that are consistent with the purposes of this section.

Required Activities for Local Educational Agencies Experiencing Substantial Increases in Immigrant Children and Youth - [Section 3115 (e)]

The New York State Education Department is authorized to award subgrants to LEAs that have experienced a significant increase, as compared to the average of the 2 preceding fiscal years, in the percentage or number of immigrant children and youth, who have enrolled, during the fiscal year preceding the fiscal year for which the subgrant is made, in public and nonpublic elementary schools and secondary schools in the geographic areas under the jurisdiction of, or served by, such LEA.

Title III, Part A - Immigrant Funds must be used for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include:
  • family literacy, parent outreach, and training activities designed to assist parents to become active participants in the education of their children;
  • support for personnel, including teacher aides who have been specifically trained, or are being trained, to provide services to immigrant children and youth;
  • provision of tutorials, mentoring and academic or career counseling for immigrant children and youth;
  • identification and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with funds;
  • basic instruction services that are directly attributable to the presence in the school district involved of immigrant children and youth, including the payment of costs of providing additional classroom supplies, costs of transportation, or such other costs as are directly attributable to such additional basic instruction services;
  • other instruction services that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the United States, such as programs of introduction to the educational system and civics education; and
  • activities, coordinated with community-based organizations, institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents of immigrant children and youth by offering comprehensive community services.

Scientifically-Based Research

Beginning with the 2003-04, all eligible entities applying for Title III, Part A funds must provide a description of the scientifically-based research on which the instructional program for LEP students and the professional development activities are based.  The term “scientifically-based research” (a) means research that involves the application of rigorous, systematic and objective procedures to obtain reliable and valid knowledge relevant to the education activities and programs; and (b) includes research that:
  • employs systematic, empirical methods that draw on observation or experiment;
  • involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;
  • relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators;
  • is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across condition controls;
  • ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and
  • has been accepted by a peer-reviewed journal or approved by a panel of independent experts through comparably rigorous, objective and scientific review.

Evaluations, Achievement Objectives, Accountability and Reports

Title III, Part A holds states, LEAs and individual schools accountable for meeting the major goals of Title III, Part A.  It requires SEAs to hold LEAs accountable for meeting annual measurable achievement objectives in the acquisition of English proficiency and academic achievement.  In addition, LEAs must report on the progress made by LEP students in meeting State academic content and achievement standards for each of two years after these children no longer receive services under Title III, Part A.  Many Title III, Part A requirements are linked to Title I, Part A accountability provisions.  Both hold SEAs and LEAs and schools accountable for improving the English proficiency and academic achievement of LEP students.  All LEP students, regardless of the amount of time they have been in a school district or in the United States, must participate in the required Title I assessments plan, with New York approved accommodations, as appropriate.  Title I further requires that LEP students who attended school in the U.S. for three or more consecutive school years be assessed in reading or language arts in English, except in certain circumstances.

Annual Measurable Achievement Objectives (SEC. 3122)

Annual measurable achievement objectives and accountability measures have been developed by the New York State Education Department.

The annual measurable achievement objectives (AMAOs) include:

  • the expected annual increases in the number or percentage of children making progress in learning English as measured by the NYSESLAT;
  • the expected annual increases in the number or percentage of children attaining English proficiency by the end of the school year, as determined by the NYSESLAT; and,
  • the expected adequate yearly progress for limited English proficient students, as described in section 1111(b)(2)(B).

Accountability (SEC. 3122)

The State Education Department will hold LEAs receiving Title III, Part A, Subpart 1 funds accountable for meeting the annual measurable achievement objectives including making AYP for LEP students.

The State Education Department will require LEAs failing to make progress toward meeting annual measurable achievement objectives:

  • for two consecutive years:
    • to develop an improvement plan that will ensure that the LEA meets such objectives.  The improvement plan must address the factors that prevented the entity from achieving such objectives.

The State Education Department will require LEAs failing to meet the annual measurable achievement objectives:

  • for four consecutive years:
    • to modify their curriculum, program and method of instruction, or
    • the SED will determine if funding is to continue and require the LEA to replace educational personnel relevant to the LEAs failure to meet such objectives.

Evaluation Requirements for LEP Student Reporting

LEAs that receive NCLB, Title III, Part A subgrants are required to conduct an evaluation of programs and activities that are funded under Subpart 1 of Title III, Part A and provide an evaluation report at the conclusion of every second fiscal year during which the subgrant is received.  Information regarding LEP student/program data reporting and the biennial evaluation report requirement may be found at:  Title III, Part A: Language Instruction for LEP and Immigrant Students.

Parental Notification (SEC. 3302)

LEAs must notify parents of LEP students not later than 30 days after the beginning of the school year, of a LEP student's identification for participation in, or who are participating in, a Title III, Part A funded program.  The notification letter must include:

  • the reason for the child's identification as limited English proficient and in need of placement in a language instruction educational program;
  • the child's level of English language proficiency and how it was assessed;
  • the status of the child's academic achievement;
  • the method of instruction used in the program and other available programs, including how such programs differ in content, instructional goals, and in use of English and a native language in instruction;
  • how the program will meet the educational strengths and needs of the participating student;
  • how the program will specifically help their child learn English and meet age-appropriate academic standards for grade promotion and graduation;
  • the specific exit requirements for the program, including the expected rate of transition from the Title III, Part A  funded program into classrooms that are not tailored for LEP students and the expected rate of graduation from secondary school for such programs (if funds are used to support secondary school programs);
  • in the case of a child with a disability, how the program meets the objectives of the child's individualized education program;
  • information pertaining to parental rights that include the following written guidance:
    • detailing parents' right to have a child immediately removed from the program upon request;
    • detailing the options that parents have to decline to enroll their child in such program, or choose another program or method of instruction, if available; and
    • detailing the assistance the LEA will provide to parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity.

PLEASE NOTE:  In New York State, under Part 154, parents of LEP students may opt out of a bilingual education program but not from instruction in English as a second language.

LEAs must notify parents within the first two weeks of their child being placed in a language instruction educational program, if the child has not been identified for participation in such program prior to the beginning of the school year.

In addition to providing the information required to be provided under Section 1 above, each LEA that is using Title III, Part A funds to provide a language instruction educational program, and that has failed to make progress on the annual measurable achievement objectives described in section 3122 for any fiscal year for which part A is in effect, shall separately inform a parent or the parents of a student identified for participation in, or participating in, such program of such failure not later than 30 days after such failure occurs.

LEAs must implement an effective means of outreach to parents of LEP students in accordance with paragraph (e) of Section 3302 of NCLB.  Such outreach shall include holding, and sending notices of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from such parents.

Notification letters must be in an understandable and uniform format and, to the extent practicable, in a language or other mode of communication the parent(s) can understand.

Participation by Private School LEP Students and Teachers (Title IX, Part E, Subpart 1 - Private Schools, Section 9501-9506) ( EDGAR, Part 76, Sections 76. 650-76.662)

The LEA must provide LEP students enrolled in private schools in their area, and the teachers of those students, on an equitable basis, with Title III, Part A programs and benefits that address their needs.  The LEA must consult with appropriate private school officials during the design and development of the Title III, Part A program on issues listed under Title IX, Section 9501 (c)(1)(A-F) of NCLB. Following are some of the specific statutory/regulatory requirements. Reference should be made to sections 9501-9506 for the complete statutory requirements.

After timely and meaningful consultation with appropriate private school officials, local educational agencies (LEAs) receiving Title III, Part A funds must provide, on an equitable basis, educational services to eligible limited English proficient (LEP) children, their teachers or other educational personnel in private schools that are located in the geographic area served by the LEA.

To ensure timely and meaningful consultation, the LEA must consult with appropriate private school officials during the design and development of the Title III, Part A program on issues such as:

  • how the eligible LEP children's needs will be identified;
  • what services will be offered;
  • how, where, and by whom the services will be provided;
  • how the services will be assessed and how the results of the assessment will be used to improve those services;
  • the size and scope of the equitable services to be provided to the private school children, teachers and educational personnel;
  • the amount of funds available for those services;
  • how and when the LEA will make decisions about the delivery of services, including a thorough consideration of the views of the private school officials on the provision of contract services through potential third-party providers.

Title III, Part A services provided to children, their teachers or other educational personnel in private schools must be equitable and provided in a timely manner.

Expenditures for educational services provided for eligible private school children, their teachers and other educational personnel serving those children must be equal, taking into account the number and educational needs of those children, to the expenditures for participating public school children.

Title III, Part A services provided to private school children, their teachers and other educational personnel must be secular, neutral, and non-ideological.

LEAs may serve private school LEP children, their teachers and other educational personnel either directly or through contracts with public and private agencies, organizations, and institutions.

The control of funds used to provide services and the title to materials and equipment purchased with those funds must be retained by the LEA.

Services for eligible private school children, teachers and educational personnel must be provided by employees of the LEA or through a contract made by the LEA with a third party.

Providers of services to private school children, teachers and educational personnel must be independent of the private school and of any religious organization, and the providers' employment or contract must be under the control and supervision of the LEA.

Funds used to provide such services to private school children, teachers and educational personnel must not be commingled with non-Federal funds.

Private school students receiving Title III services, like participating public school students, must be assessed annually for their level of English proficiency in the domains of speaking, listening, reading, writing and comprehension. The state assessments may be used, if they are appropriate, or other assessments, such as those administered by the private school, may be used. In any case the assessments must be comparable to those used for the public school students and aligned with the achievement and academic content and student academic achievement standards established by the state.

 

*The citations contained herein are to the Public Law provisions of the No Child Left Behind Act. of 2001.  For the codified version of the public law, see 20 U.S.C §§6301-6339 (Title I, Part A); 20 U.S.C. §§6421-6472 (Title I, Part D); 20 U.S.C. 6601-6651 (Title II, Part A); 20 U.S.C. §§6751-6777 (Title II, Part D); 20 U.S.C. §§6811-6871 (Title III, Part A); U.S.C. §§7101-7165 (Title IV, Part A).

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Last Updated: September 8, 2009