Title III is officially known as the Language Instruction for English Learner and Immigrant Students Act. Section 3102 lists the purpose of the law. The overarching purpose is to ensure that English learner (EL) students, including immigrant children and youth, attain English language proficiency (ELP) and meet the same challenging state academic standards that other students are expected to meet.
LEAs must use Title III funds to supplement state language instruction educational programs, designed to assist EL students’ achievement goals. The state educational agency (SEA), LEAs, and schools are accountable for increasing the ELP and core academic content knowledge of EL students. For more information regarding ESEA (PDF), visit the U.S. Department of Education Bills
LEAs—which include school districts, county offices of education (COE), and direct-funded charter schools—that enrolled one or more EL and/or immigrant students during the previous fiscal year are eligible. In the case of immigrant education funds, the LEA must also meet the enrollment criteria for eligible immigrant students. (See the Immigrant Student Education section below for additional details.)
Under Title III the CDE provides formula subgrant awards to LEAs that enroll one or more EL students. An LEA that reported the enrollment of one or more EL students through October CALPADS data collection is eligible to apply. All eligible LEAs apply annually for the Title III EL Student Program Subgrants funding on the CARS "Application for Funding" page.
Information regarding the CARS application process is available on the CDE CARS web page.
Additionally, LEAs scheduled to receive a formula subgrant of less than $10,000 must apply as a member of a consortium. (Title III, section 3114(b).) Consortium leads and member LEAs will apply on the CDE Title III Consortium Online Application. In the case of a consortium, only the lead LEA is the grantee.
When a student is RFEP, that student is no longer an EL and is no longer eligible to receive Title III programs or services. However, Title III funds may be used to monitor RFEP students for up to four years after reclassification, and maintain all LEA’s reporting requirements (Title III, Section 3121). Title I funds may be used to help remedy the academic deficits of RFEP students and ensure that these students reach the proficient level on academic tests.
Identified EL students in not-for-profit private schools are eligible to receive Title III program products and services. The LEA, however, maintains title to materials, equipment, and property purchased with Title III funds. LEAs may allow the private school to hold the items from year-to-year, in accordance with the approved activities specified in the MOU between the LEA and private school.
To ensure timely and meaningful consultation, the LEA must consult with appropriate private school officials during the design and development of the Title III program on issues such as:
An MOU between the LEA and private school should be developed as a result of initial consultation and address these items. Subsequent meetings should be scheduled between the LEA and private school to assess services and determine areas and plans for improvement. A sample MOU can be found on the CDE Title III Private School web page.
LEAs and not-for-profit private school officials will find a number of useful resources and guidance on the CDE Equitable Services Ombudsman web page, and the U.S. Department of Education ESSA
No. If the needs of the private school students are different from those of the public school students, the LEA, in consultation with private school officials, must develop a separate program design that is appropriate for the private school students. Consultation and coordination between the LEA and private school officials is essential to ensure a high-quality program that meets the needs of the students being served assists those students in attaining ELP and meeting the same challenging State academic standards as all students.
The LEA maintains control of the federal funds used to provide services and products to private schools. It also maintains title to materials, equipment, and property purchased with those funds. LEAs may allow the private schools to keep the items from year-to-year, in accordance with approved activities specified in the MOU.
Each LEA using funds provided under Title III to provide a language instruction educational program must implement an effective means of outreach to parents and families of EL and immigrant students. LEAs must inform parents how they can be active participants in assisting their children to learn English, achieve at high levels in core academic subjects, and meet the same challenging State academic content standards that all children are expected to meet (Title III, Section 3115 (d)(6)).
Title III requires that the parents/guardians of students identified for, or participating in, a Title III program be notified of such participation. Therefore, the parents/guardians of all EL and immigrant students in any LEA using Title III funds shall receive the required parental notifications. The same requirements regarding parents of EL and immigrant students are found in Title I, Section 1118. Additionally, many of the federal parental notification requirements overlap with state requirements. If a student is enrolled in an LEA that does not receive any federal Title I or Title III funds, then only state requirements for notification of parents apply.
No. Parent committees are not specifically required by Title III, but they are required under other state and federal statutes such as the English Learner Advisory Committee and the District English Learner Advisory Committee which are required by state law. California Education Code (EC) Section 62002.5; EC sections 52063, 52069; California Code of Regulations, Title 5 (5 CCR), Section 15495(b)).
Federal law requires that schools and districts effectively communicate with all parents/guardians, regardless of the percentage of students that speak a language other than English. To the extent practicable, LEAs must provide parents/guardians with information in a language they can understand.
In addition to the formula subgrants that LEAs may receive for EL students under Title III, the CDE is also authorized to award subgrants to LEAs that have 21 or more eligible immigrant students and experience a significant growth in the enrollment of eligible immigrant students in the preceding fiscal year compared with the average of the two preceding fiscal years. If the percentage of growth, for either the number or percentage of immigrant students, is two percent or greater, the LEA is eligible to participate in the Title III Immigrant student education program. (Title III, Section 3114 [d][1]). Data from private schools located within the geographic jurisdiction of an LEA are integrated into the LEA’s data to determine eligibility, and the data is also included for funding purposes.
The term "immigrant children and youth" is defined in Title III, Section 3201(5) as an individual who is aged three through 21; was not born in any state; and has not been attending one or more schools in any one or more states for more than three full academic years.
Yes. Carryover of Title III immigrant student education program funds is allowed. Under the federal Tydings Amendment, Section 421(B) of the General Education Provisions Act, 20 U.S.C. 1225(b), Title III immigrant funds are awarded to the subgrantee for use within a 27 month grant period. LEAs have a maximum of 15 months to expend and obligate current-year funds from as early as July 1 of any federal fiscal year through September 30 of the subsequent year or the funds will be reallocated. LEAs have an additional 12 month carryover period extending from October 1 through September 30 of the succeeding fiscal year. Funds not obligated within the Tydings period of the 12 months must be returned through the CDE to the U.S. Department of Education (Tydings Amendment of General Education Provisions Act, Section 76.709 of Education Department General Administrative Regulations).
The purpose of the immigrant student education program is to provide enhanced instructional opportunities for immigrant children and youth. These opportunities may include, but are not limited to: