A r c h i v e d  I n f o r m a t i o n

Section C. Relationship to Title VI of the ESEA

Although the Class-Size Reduction program has a separate implementation statute, Congress intended the Class-Size Reduction program, at least as enacted for fiscal years 1999 and 2000, to be part of Title VI of the ESEA. Therefore, except where it is inconsistent with specific provisions of the Class-Size Reduction statute, the Title VI statute applies to the Class-Size Reduction Program with the following implications:

• Allocations to LEAs -- States must allocate 100 percent of the Class-Size Reduction funds that they receive to LEAs in accordance with the formula provided in the Class-Size Reduction statute. They may not use their Title VI formula or the Title VI formula criteria to make LEA allocations. (See Section D -- Distribution of Funds.)
• State Administration -- An SEA may use funds reserved for State administration under section 6201 of Title VI to administer the Class-Size Reduction Program. (See Section D -- Distribution of Funds.)
• LEA Applications -- As provided in section 310(g) of the Class-Size Reduction statute, LEAs apply to States for funding through their Title VI applications, providing a description of their plan to reduce class size by hiring additional fully qualified teachers. (See Section E -- Applying for Funds.)
• Maintenance of Effort -- The maintenance of effort requirement in section 6401(a) of Title VI applies to the Class-Size Reduction Program. (See Section F -- LEA Uses of Funds.)
• Supplement, Not Supplant -- There is a non-supplanting provision in section 310(c)(3) of the Class-Size Reduction statute. It is narrower than the non-supplanting provision in section 6401(b) of Title VI, in that it applies only to LEAs and prohibits the use of Class-Size Reduction funds to replace State or local funds that would otherwise be spent for activities allowable under the Class-Size Reduction Program. SEAs remain subject to the Title VI non-supplanting provision, as do LEAs, with respect to other Title VI funds. (See Section F -- LEA Uses of Funds.)
• Equitable Participation of Private School Teachers -- As provided in section 310(e) of the Class-Size Reduction statute, the equitable participation requirement in section 6402 of Title VI applies only to professional development activities undertaken with Class-Size Reduction Program funds. (See Section F -- LEA Uses of Funds.)
• Biennial Report -- Under section 310(d)(1) of the Class-Size Reduction statute, States will report on activities under the program as part of the Title VI biennial report described in section 6202(a)(2)(A) of Title VI. (See Section H --Accountability.)
• Title XIV -- Because the Class-Size Reduction Program is part of Title VI, Title XIV of the ESEA applies to the program. This includes, among other things, the Title XIV waiver authority. (See Section G -- Flexibility to Meet Local Needs.)
• Ed-Flex -- Because Title VI is subject to the Ed-Flex waiver authority, the Class-Size Reduction Program also is subject to this authority. (See Section G -- Flexibility to Meet Local Needs.)

[Section B. Definitions]

[Section D. Distribution of Funds]