Archived: ELEMENTARY AND SECONDARY EDUCATION ACT (ESEA): IMPROVING AMERICA'S SCHOOLS ACT OF 1994 (IASA) GUIDANCE

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

State Applications

Consolidated Application

An SEA wishing to receive Title VI funds may include the Title VI program in a consolidated application.

Section 14302 of the ESEA allows SEAs to submit a consolidated State application to the Secretary for specific programs, including Title VI. By submitting a consolidated application, an SEA may obtain funds under many ESEA programs through a single application, rather than through separate program applications. SEAs must meet all statutory requirements for each program included in the consolidated State application, but are not required to submit to the Department much of the information required in separate applications. Consolidation is intended to improve teaching and learning by encouraging greater cross-programs coordination, planning, and service delivery, and enhancing integration of programs with educational activities carried out with State and local funds. Program coordination can strengthen the promotion of the State's educational goals for all students while effectively meeting the needs of the programs' intended beneficiaries.

Single Application

A State may receive Title VI funds by filing an application for assistance with the Secretary that satisfies the application requirements as stipulated in the statute. The Department does not, however, require a standard State application form for Title VI; therefore, the SEA may submit its Title VI application in any format it deems appropriate, as long as it contains the information required by the statute.

The State may file a Title VI application to cover up to three years. If the application meets the requirements of Title VI, the Secretary awards the State its Title VI grant. The State may amend its application annually to reflect changes. An SEA will receive its allocation of funds under Title VI for any year in which it has on file with the Department an application which:

Designates the State educational agency as the State agency responsible for the administration and supervision of programs assisted under Title VI.
Provides for a biennial submission of data on the uses of funds, types of services furnished, and the students served under Title VI.
Provides for an evaluation in fiscal year 1998 of the effectiveness of programs assisted under Title VI.
Sets forth the allocation of such funds required to implement the provisions for the participation of children enrolled in private schools.
Provides that the SEA will keep such records and provide such information to the Secretary as may be required for fiscal audit and program evaluation (consistent with the responsibilities of the Secretary under Title VI).
Provides assurance that, apart from technical and advisory assistance and monitoring compliance with Title VI, the SEA has not and will not exercise any influence in the decision-making processes of local educational agencies as to the expenditure made pursuant to an application under section 6303.
Contains assurances that there is compliance with the specific requirements of Title VI.
Provides for timely public notice and public dissemination of the information provided pursuant to sections 6202(a)(2)(A) and (B) of the statute (data on the uses of funds, types of services furnished, and students served under Title VI and evaluation of effectiveness)

(See section 6202, 20 USC 7332--State application requirements).

In the development of program specific plans under Title VI, the Department encourages the SEA to consider ways of coordinating activities across ESEA programs to promote greater flexibility and achieve optimum benefit for all students.

Undisplayed Graphic

LEA portion no less than 85% no more than 15%
Innovative Assistance Programs
Administration
Technical Assistance/Direct Grants
Statewide Education Reform

ALLOCATION OF FUNDS

Distribution of Funds to LEAs

The first responsibility of the State in administering Title VI is to develop the formula for allocating at least 85 percent of the Title VI funds to its LEAs. The formula is based upon the relative enrollments in public and private nonprofit schools, adjusted to provide higher per pupil allocations to those LEAs with children whose education imposes a higher than average cost per child. The criteria for making these adjustments must be approved by the Department. The statute includes three factors that an SEA may use in developing criteria for adjusting the per pupil allocations: i) children living in areas with high concentrations of low-income families; ii) children from low-income families; and iii) children living in sparsely populated areas. (See section 6102, 20 USC 7312).

Supplemental Guidance

Adjustment of Allocations - A number of States have requested clarification regarding the factors that may be used to adjust the distribution formula to provide higher per pupil allocations to LEAs with children whose education imposes a higher than average cost. Under the Chapter 2 program, States could use only the three statutory factors listed above to adjust their formulas because the Department interpreted the statute as permitting use of only these three factors. However, States had considerable flexibility in how they made adjustments using these factors. The Department also interprets Title VI as permitting adjusted allocations only upon the basis of these three factors; therefore, SEAs must submit for Department approval adjustment criteria based only upon any of these three factors.

Reallocation of Local Funds - The Department understands that, from time to time, an LEA may accumulate unobligated Title VI funds for a variety of reasons. When these funds exceed the amount that the LEA needs to provide a prudent and justifiable reserve for operating its Title VI projects effectively during the succeeding fiscal year, the Department believes that the LEA should return these funds to the SEA. The SEA may then distribute these funds to all LEAs or to a particular group of LEAs. If the SEA chooses the latter, it might want to consider developing objective criteria for the selection of LEAs, which the SEA could publicly disseminate before reallocating Title VI funds. Reallocated funds need to be obligated during the period of availability established when the funds were initially allocated.

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[State And Local Roles]

[Uses Of Funds By SEAs]