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

• Uniform Guidance (2 CFR § 200)

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.

• Education Department General Administrative Regulations (EDGAR)

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

• DRAFT Title VIII, Part F of the Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act: Equitable Services for Eligible Private School Children, Teachers, and Other Educational Personnel, Non-Regulatory Guidance PDF (March 30, 2022)
  • This draft document is being published to invite public comment. Please submit substantive comments about the content of the draft, including feedback on any additional topics you would like to see included, to EquitableServices@ed.gov by April 29, 2022. We will consider comments in making revisions but will not provide individual responses to comments.

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.

• Addendum to the Fact Sheet: Providing Services to English Learners During the COVID-19 Outbreak
• COVID-19 EL Fact Sheet
• Non-Regulatory Guidance: English Learners and Title III of the ESEA (September 23, 2016)
• Addendum to September 23, 2016 Non-Regulatory Guidance: English Learners and Title III of the ESEA (January 2, 2019)
• Presentation on Non-Regulatory Guidance: English Learners and Title III Program (October 5, 2016)
• Webinar Audio Recording (October 5, 2016)
• Letter regarding if a student using American Sign Language is an English learner (July 27, 2015)