Q & A

Title III, Part A, is officially known as the Language Instruction for English Learner (EL) and Immigrant Students Act (Section 3102 of ESSA lists the purpose of the law). The overarching purpose is to ensure that EL students, including immigrant children and youth, attain English language proficiency and meet the same challenging state academic standards that other students are expected to meet.

The Local Education Agency (LEA) must use Title III funds to supplement state language instruction educational programs, designed to assist EL students’ achievement goals. The state educational agency (SEA), LEAs, and schools are accountable for increasing the English proficiency and core academic content knowledge of EL students.

See New Mexico Public Education Department FAQs

Any student identified as an English Learner qualifies for Title III funding.  All parents/guardians complete a Language Usage Survey (LUS) upon enrollment of their child in a New Mexico public school.  If the parent or guardian of a student indicates on questions 1-6 of the LUS that a language other than English is present in the student's life, a screener assessment is administered.  The results from the screener assessment determine a student's need for placement in an English Language Development (ELD) program.  

Title III site allocations are calculated on a school's 80 day English Learners enrollment count.  The Department of Language and Cultural Equity determines per-pupil funding for English Learners ($25/student) and utilizes that number and the number of English Learners at each site to calculate each site's individual allocation.  

For example, if a site has 100 English Learners enrolled on the 80th day of school, that site will receive an award of $2500 for the following school year.  

Title III funds can be utilized between July 1 and June 30.   

Title III requires that funds available under a subgrant be used to supplement the level of federal, state, and local funds that, in the absence of such availability, would have been expended for programs for English Learner (EL) students and immigrant students and in no case to supplant such federal, state, and local funds. That is, supplement means “to add to” and supplant means “to take the place of” or “instead of”.

For example, if a particular activity was paid for using non-federal funds, or other federal funding such as Title II, then the same activity this year cannot be paid for using Title III federal funds. State-mandated activities must be paid for using state funds first.

See New Mexico Public Education Department FAQs

Supplemental materials and services purchased with Title III funds go above and beyond what is already in place to serve and support English Learners at a school site.  Title III funds can be used to expand or enhance what is already utilized by the school to support all students, including English Learners. 

Example: Compensating a teacher to provide before or after school tutoring to English Learners.

Non-example: Compensating a teacher to provide interventions for English Learners during the instructional day.  All students should have access to intervention services, including English Learners.  Therefore, this would constitute as supplanting.    

TIMELINE OF TITLE III FUNDING ACTIVITY

• March: Sites receive allocation for next school year

• April: Identify needs of English Learners; plan for use of funds

• July: Spending begins

• January: All Title III funds must be encumbered (requisitions submitted through Lawson)

  • The exception to this are funds allocated for salaries, additional compensation, and substitute services

• June: All invoices must be paid.  

It is important that a school site keep on record any of the following documentation:

• Logs or records associating distributed materials/licenses/services to English Learners only

• Agendas and sign-in sheets from collaborative meetings or PLCs focused on Title III-related activities

• Paperwork that demonstrates the use of substitutes to cover for teachers engaged in Title III-approved activities and professional development

• Registration/travel paperwork for any Title III-approved professional development

• Monitoring and distribution forms for consumable and non-consumable items purchased w/Title III

Title III allowable expenditures can vary depending on a site's spending history, it's plan for the use of materials and/or services, and whether or not a resource or service is in alignment with the goals of Title III.  Therefore, sites should utilize and refer to the Title III Guidance Packet found on the home page of this website, and seek support and collaboration from the district Title III Director in moving forward with purchasing decisions.  

Maybe.  A school must demonstrate that the materials purchased are to support an English Learner or group of English Learners in accessing the core curriculum in order to ensure equitable access to instruction.  Please note that schools will be denied requests for class sets of instructional materials in a language other than English, and that such requests will be approved on a case-by-case basis.  

Maybe. Title III funds are in place to support students in accessing grade level content in order to increase English proficiency and academic achievement in the core content areas.  Schools will need to demonstrate in their written justification for a purchase how such materials will be utilized to support students in attaining those goals.   

Travel, mileage and per diem reimbursements are allowable if the approved activity is Title III allowable and approved. Title III funds can be used to reimburse for mileage and per diem as long as the State of New Mexico (state) or the district’s travel policies are followed.

See New Mexico Public Education Department FAQs

Maybe.  A school site must demonstrate that the materials purchased are supplemental to those general supplies and materials already purchased for instructional use in classrooms for all students, including English Learners.  Determination of allowability for such purchases will be determined on a case-by-case basis, as each site's situation is unique.  

No. Assessments of identified EL students are required by the State of New Mexico and the use of Title III funds would not be allowable. These assessments include, but are not limited to, initial English language proficiency screener assessments (W-APT) to identify the student as EL or annual English language proficiency assessments (ACCESS for ELLS 2.0).

See New Mexico Public Education Department FAQs

No. State BMEP funding is part of the operational state funding that is awarded to districts, so utilizing Title III federal funds to support Bilingual programs would be considered supplanting. Activities such as Spanish spellings bees, as well as any Professional Development that is specifically for dual-language programs (e.g. La Cosecha) are not allowable under Title III. State Bilingual Multicultural Education Program (BMEP) funds should be utilized for any BMEP activities as set forth in approved BMEP applications.

See New Mexico Public Education Department FAQs

Maybe.  The Department of Language and Cultural Equity recommends that ELD instruction be delivered to students by a certified and properly endorsed educator.  Language is developed in through human interaction between educator and students and within authentic academic contexts.  Key factors to be considered when planning for ELD instruction are:

• English language proficiency levels,

• grade level standards,

• WIDA ELD Standards and Can-Do Descriptors, and,

•  language needs of the student(s). 

Software programs do not replace ELD instruction and may not be used as the core curriculum during designated or integrated ELD instruction.

• Site, classroom, or teacher licenses are not allowable

• Quotes must reflect 1:1 licensing (1 license per English Learner)

• A site may not purchase more licenses than they have English Learners enrolled at the time of purchase

• Software must serve the purpose of supporting increased English proficiency and the academic achievement of English Learners

• Software may not be used to deliver ELD instruction in place of a grade-level, standards-aligned curriculum