Legislation, Regulations & Guidance

Legislation

Elementary and Secondary Education Act of 1965, as amended, Title III, Secs. 3001–3203; 20 U.S.C. 6801–7014.

TITLE III—Language Instruction for English Learners and Immigrant Students

  • Sec. 3001. Authorization of Appropriations.

PART A—English Language Acquisition, Language Enhancement, and Academic Achievement Act

  • Sec. 3101. Short Title.
  • Sec. 3102. Purposes.

SUBPART 1—Grants and Subgrants for English Language Acquisition and Language Enhancement

  • 3111. Formula Grants to States.
  • 3112. Native American and Alaska Native Children in School.
  • 3113. State and Specially Qualified Agency Plans.
  • 3114. Within-State Allocations.
  • 3115. Subgrants to Eligible Entities.
  • 3116. Local Plans.

SUBPART 2—Accountability and Administration

  • 3121. Reporting.
  • 3122. Biennial Reports.
  • 3123. Coordination with Related Programs.
  • 3124. Rules of Construction.
  • 3125. Legal Authority Under State Law.
  • 3126. Civil Rights.
  • 3127. Programs for Native Americans and Puerto Rico.
  • 3128. Prohibition.

SUBPART 3—National Activities

  • 3131. National Professional Development Project.

PART B—General Provisions

  • Sec. 3201. Definitions.
  • Sec. 3202. National Clearinghouse.
  • Sec. 3203. Regulations.

 

Regulations

The Office of Management and Budget’s (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly called “Uniform Guidance”) was adopted by the Department  in December 2014, 2 CFR Part 3474, and provides  a government-wide framework for grants management and sets an authoritative set of rules and requirements for Federal awards that synthesizes and supersedes guidance from earlier OMB circulars.   The Uniform  Guidance addresses such issues as addresses time and effort certifications, indirect cost reimbursement, timely obligation of funds and carryover, financial management rules, program income, record retention, property/equipment/supplies inventory controls, procurement, monitoring, conflicts, travel policies, and allowable costs.

The Education Department of General Administrative Regulations (EDGAR), 34 CFR Parts 75, 76, and 77, are the federal regulations that govern all federal grants awarded by the U.S. Department of Education.  EDGAR is read in conjunction with the authorizing statutes, program-specific regulations, the Uniform Guidance, and Federal Register documents, such as Notices Inviting Applications and Notices of Final Priorities.

Guidance

While much of Title III, Part A of the ESEA remains the same as prior reauthorizations, several provisions related to ELs (e.g., accountability for performance on the English language proficiency assessment) are now part of Title I, Part A in the amended ESEA. The ESEA also contains several other changes under Title III, Part A, including new Title III reporting requirements. More information about requirements related to ELs in Title I and Title III is found below.

 

Last Modified: 01/19/2021