Archived FedPro Message

For more information about the programs discussed below,

please contact the Federal Financial Management Section (573) 751-8280.

SUPPLEMENT NOT SUPPLANT PROVISION OF TITLE III OF THE ESEA

All school districts must systematically identify and assess the educational needs of students whose native or home language is different than English.  Districts must provide appropriate programs to address these learners’ unique needs.  These services should be documented to show district compliance.

For districts that receive Title III funds, the Office of Elementary and Secondary Education and the Office of English Language Acquisition have issued guidance to provide information on several funding issues, including “supplement not supplant” requirements under Title III of the ESEA.  The guidance is on the Federal Programs webpage under Discretionary Grants, English Language Learners (ELL), Supplement Not Supplant Provision of

Title III of the ESEA http://dese.mo.gov/divimprove/fedprog/discretionarygrants/bilingual-esol/ . In addition to the guidance, you are encouraged to view the webinar from December 11, 2008 found on the following website:

https://edcount.webex.com/ec0600l/eventcenter/recording/recordAction.do;jsessionid=

JR7L1ysH6QQ8DLy0vL3Gz0SQJtvNpWqtQMppxR6yYc41bTJtR811!-1421833094?theAction=poprecord&actname=

%2Feventcenter%2Fframe%2Fg.do&apiname=

lsr.php&renewticket=0&renewticket=0&actappname=ec0600l&entappname=url0106l&needFilter=

false&&isurlact=true&entactname=

%2FnbrRecordingURL.do&rID=279002&rKey=732FBA64DEE7E92A&recordID=279002&rnd=

1341790747&siteurl=edcount&SP=EC&AT=pb&format=short.

Title III funds must be used to supplement the level of Federal, State, and local funds that, in the absence of Title III funds,would have been expended for programs for LEP children and immigrant children and youth.  In general, services provided with Title III funds must be in addition to, and not replace or supplant, the services students would otherwise receive. 

Questions to ask when considering whether Title III funds can be used without violating the supplement not supplant requirement are:

• What is the instructional program/service provided to all students?
• What does the LEA do to meet Lau requirements?
• What services is the LEA required by other Federal, State, and local laws or regulations to provide?

• Was the programs/service previously provided with State, local, and Federal funds?

The Department assumes supplanting exists if Title III funds are used to provide services the LEA is required to make available under State or local laws, or other Federal laws or if those services were provided in the prior year with State, local, or other Federal funds.  Presumption of supplant is rebuttable if the LEA can demonstrate (written documentation such as budget information, planning documents, class-size data from previousyears and upcoming year, board minutes, or other materials)that it would not have provided the services in question with non-federal funds had the federal funds not been available. 

In planning for next year, make sure the use of Title III funds is consistent with this guidance. 

• Districts are required to provide core language instruction educational programs and services for limited English proficient (LEP) students.  Therefore, the use of Title III funds for salaries of teachers who provide core services for LEP students would violate the supplement not supplant provision in section 3115(g) of the Act. Services include translators for required communication. 
• The cost of administering State assessments may not be paid  with Title III funds.  These unallowable costs include pay for substitute teachers during test administration, scoring or reporting of assessment results, training, and materials or equipment.
• Districts are responsible for identifying LEP students who may need language education services, regardless of their receipt of Federal funds.  The development and administration of screening or placement assessments may not be paid for out of Title III or Title I Federal funds.

These requirements have been added to the Federal Programs’ self monitoring checklist and will be checked during monitoring.

If you have questions, please feel free to contact my office.

Pat Kaiser

Director, Federal Financial Management

Missouri Department of Elementary and Secondary Education

PO Box 480

Jefferson City, MO  65102

Ph. 573-751-8643

Fax 573-526-6698

E-Mail:  pat.kaiser@dese.mo.gov