Grants are made to all state education agencies annually.

Uses and Use Restrictions

The Department makes awards to States using a formula based on their numbers of limited English proficient (LEP) children and immigrant children.

States must use at least 95 percent of their allotments to award local educational agencies sub-grants to assist limited English proficient students learn English and meet challenging State academic content and student achievement standards and to provide immigrant students enhanced instructional opportunities.

States may reserve up to 5 percent of their allotments for administrative costs and technical assistance to sub-grantees.

The Department awards funds to Outlying Areas for such activities in developing instructional programs for LEP students by hiring tutors, conducting professional development for paraprofessionals, training teachers, hiring teachers for "new-comer" programs, and purchasing and developing materials to be used in the classroom for the instruction of LEP students.

Grants for Native American projects are used to increase English proficiency and student academic achievement for LEP students and provide high-quality professional development training for teachers and support personnel.

Training must improve teacher instruction and assessment capabilities, and enhance their ability to understand and use curricula, assessment measures, and instructional strategies for LEP students.

Training must also be based upon scientifically based research and be of sufficient intensity and duration to have a positive and lasting impact.

Funds may also be used for identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment procedures.

This program is subject to non-supplanting requirements and must use a restricted indirect cost rate which is referenced under 34 CFR 76.564-76.569.

For assistance call the Office of Chief Financial Officer/Indirect Cost Group on 202-708-7770.

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Eligibility Requirements

Applicant Eligibility

States and outlying areas with approved State plans are eligible to receive funds.

For the project grant component, eligibility is limited to a tribally sanctioned educational authority, or an elementary or secondary school that is operated or funded by the Bureau of Indian Affairs or a nonprofit, Native Hawaiian or Native American Pacific Islander language organization.

Beneficiary Eligibility

Children with limited English proficiency benefit.

Credentials/Documentation

Not applicable.

Aplication and Award Process

Preapplication Coordination

None.

This program is excluded from coverage under E.O.

12372.

Application Procedures

States apply for grants by submitting a plan to the Department that describes the process they will use in making sub-grants, holding sub-grantees accountable for making adequate yearly progress for LEP students, and establishing standards and objectives for raising the level of English proficiency in alignment with State academic content and student academic achievement standards. The Department uses a peer review process in approving State plans. Outlying area applicants must decide if they will apply under the Consolidated Application Process for outlying areas through which they may combine various funds. An application must be developed in which the proposal addresses the purpose of the grant, priorities, goals and objectives, activities, evaluation, needs, and a budget indicating how the funds will be used. Eligible entities applying for funding under the Native American and Alaska Native Children in School Program submit a competitive discretionary grant that describes: the programs and activities that will be developed, implemented and administered; how the funds will be used to meet all the annual measurable achievement objectives; and other criteria included in the application notice and program statute.

Award Procedures

The Department allocates funds to any State or outlying area with an approved plan. States must expend at least 95 percent of their Title III allotments to award subgrants to local educational agencies and other eligible entities to meet the educational needs of LEP and immigrant children and youth. The project grant applications for Native American institutions are approved for awards by the Director, Office of English Language Acquisition, Language Enhancement, and Academic Achievement based on evaluations and recommendations from outside experts and an administrative review of the applications.

Deadlines

Deadlines will be announced in the application notice published in the Federal Register. Contact the Program Office for more information.

Authorization

Elementary and Secondary Education Act (ESEA), as amended, Title III, Part A, Sections 3101-3129.

Range of Approval/Disapproval Time

Approximately 120 days.

Appeals

In programs administered by the Department, Section 432 of the General Education Provisions Act provides local educational agencies with a right of appeal in disagreements between State and local educational agencies, including disagreements over funding decisions. Where a local educational agency alleges that the denial of funding is "a violation of State or Federal law, rules, regulations, or guidelines governing the applicable program," it may, within 30 days, request a hearing from the State educational agency. Once the hearing is held and the State educational agency issues its written ruling, the local educational agency may appeal a negative ruling to the Secretary.

Renewals

Not applicable for Formula Grants. For the Project Grant component, renewals are based on an annual review of the performance data and the availability of funds.

Assistance Considerations

Formula and Matching Requirements

State grants will be issued on a formula basis based on the count of LEP students and the count of immigrant children. Eighty percent of the funds are allocated based on the State's portion of the LEP count as compared to the total LEP count for all States, and twenty percent are allocated based on the state's portion of the immigrant children count as compared to the count for all States. Outlying area grants are issued on a formula basis based on the number of LEP students in the particular outlying area as compared to the LEP count for all of the outlying areas. The amount of Native American institutions discretionary grants based is based on budget request.

Length and Time Phasing of Assistance

Length and Time Phasing of Assistance Funds under the State Formula Grant and the Outlying Area Grant programs are 1-year grants; the discretionary grants under the Native American program are for up to 5 years, subject to the availability of appropriations.

Post Assistance Requirements

Reports

Grantees are subject to the reporting requirements contained in Parts 76 and 80 of the Education Department General Administrative Regulations (EDGAR).

Specific for formula grants: States prepare and submit reports every second year on the programs and activities carried out by the SEA and the effectiveness of such programs and activities in improving the education of children who are limited English proficient.

Local educational agencies that receive sub-grants from SEAs must provide States with an evaluation every second year.

The evaluation must include: A description of the programs and activities conducted; a description of the progress made by children in learning English and meeting challenging State academic content and achievement standards; the number and percentage of children in the programs attaining English proficiency by the end of each year; and a description of the progress made by children in meeting State academic content and student achievement standards for each of the 2 years after such children are no longer receiving services.

Audits

All grantees are subject to the provision of the Single Audit Act.

Records

All grantees must maintain and complete records as provided in EDGAR.

Financial Information

Account Identification

91-1300-0-1-501.

Obigations

(Grants) FY 07 $617,177,000; FY 08 est $649,869,000; and FY 09 est $673,900,000.

Range and Average of Financial Assistance

For formula grants the range was $500,000 to $169,057,667. FY 07 average $11,868,785.

Regulations, Guidelines, and Literature

EDGAR; 34 CFR 76. For more information contact the Program Office.

Information Contacts

Regional or Local Office

None.

Headquarters Office

Office of English Language Acquisition, 400 Maryland Avenue S.W., Washington, DC 20202-6510. Contact: Harpreet Sandhu E-mail: harpreet.sandhu@ed.gov. Telephone (202)-245-7149.

Criteria for Selecting Proposals

None.