A Microsoft Word version of this letter is available for download and PRINTING.

March 31, 2010

TO THE ADMINISTATOR ADDRESSED:

SUBJECT:     NCLB Federal Funding Limitations for School Year 2010-2011

Appropriations of funding under the No Child Left Behind Act (NCLB) contained in the U.S. Department of Education’s (USDE) 2010 Appropriation Act passed by Congress in December 2009 greatly reduced the federal formula funding available to local education agencies (LEAs) for the following two programs for the 2010-2011 school year.

• Title II, Part D – Enhancing Education Through Technology, LEA Formula Program
• Title IV, Part A – Safe and Drug-Free Schools and Communities, State and LEA Formula Program

The appropriations act reduced the funding to Title II, Part D by over 60% causing the Texas Education Agency (TEA) to only be able to continue to fund the discretionary Title II, Part D program for the coming school year.  In addition, the appropriations act did not fund State and Local Title IV, Part A programs for the coming school year but rather allocated all the funding to the USDE to implement competitive grants from the national level.  LEAs will not receive a formula allocation under either of these programs for the coming school year. 

Carryover (Roll-Forward)
LEAs with unexpended Title II, Part D formula and/or Title IV, Part A funds available at the end of the current grant year may carryover those funds into next school year’s grant application.  However, the LEA must estimate that carryover amount(s) and request the funds from TEA by including the funds in the LEA’s 2010-2011 NCLB Consolidated Application for Funding.

Carryover for the Title IV, Part A program is statutorily limited to 25% of the current year’s allocation unless TEA approves a waiver to this limitation.  Due to the circumstances of the program not being funded for next school year, TEA will review any submitted waiver requests to exceed the 25% carryover limitation with as much flexibility as possible.

Continuation of Services
TEA encourages LEAs to continue to implement both grant programs with fidelity and integrity for the remainder of this grant year and to plan for the most effective uses of any available carryover funds.  In addition, the LEA may want to review USDE’s latest guidance on the allowable uses of Title I, Part A funds [available at http://ritter.tea.state.tx.us/nclb/PDF/titlei-reform.pdf] to determine existing activities which may be continued with Title I, Part A funds.  Information regarding allowable costs for educational technology on

Title I campuses begins on page 38 of the document and activities to improve the school climate on Title I Schoolwide campuses is addressed on page 26.  The use of Title I, Part A funds to meet these costs is not a violation of supplement, not supplant rules as the provision does not apply between federal programs.

USDE Competitive Grant Opportunities
TEA strongly encourages Education Service Centers (ESCs) and LEAs to apply for the various Title IV discretionary grant opportunities at the federal level.  All of USDE’s grant competition application packages may be viewed at http://www2.ed.gov/fund/grant/apply/grantapps/index.html.  Most grants related to the Title IV program will have a code of “[OSDFS]” to the right of the grant name.

Assistance
If you have questions regarding applying for any carryover funds, please contact your regional ESC or the NCLB application staff in the Division of NCLB Program Coordination at (512) 463-9374. 

For assistance with using Title I, Part A funds for educational technology or school climate activities, please contact Ms. Annie Molina at (512) 463-9374. 

For assistance with locating federal Title IV grant opportunities, please contact Ms. Carolyn Smyrl at (512) 463-9374.

Sincerely,

Ann Smisko
Associate Commissioner
   for School Improvement and Support

AS/cg