ADE Director's Communication Memo Form

Memo Number : FIN-08-062

Date Created : 02/26/2008


Co-op Directors
other: Federal Programs Coordinators

Type of Memo: Regulatory
Response Required: No
Section:   Fiscal and Administrative Services - Dr. Bobbie Davis, Assistant Commissioner
Title III of No Child Left Behind, English Language Acquisition Program

Regulatory Authority:
No Child Left Behind Act of 2001 (Pub. Law 107-110)

Contact Person:
Patsy Hammond

Phone Number:


The U. S. Department of Education (USDOE) conducted a monitoring of the Arkansas Department of Education’s (ADE’s) administration of the No Child Left Behind Title III Program this year. A finding from this monitoring is the allocation formula used to distribute funds for recent immigrants is not in agreement with current law. Therefore, the allocation formula is changed to agree with Section 3114 of No Child Left Behind (NCLB). This Section is shown below:

(d) REQUIRED RESERVATION- A State educational agency receiving a grant under this subpart for a fiscal year —
(1) shall reserve not more than 15 percent of the agency's allotment under section 3111(c)(3) to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal years, in the percentage or number of immigrant children and youth, who have enrolled, during the fiscal year preceding the fiscal year for which the subgrant is made, in public and nonpublic elementary schools and secondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and
(2) in awarding subgrants under paragraph (1) —

(A) shall equally consider eligible entities that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth; and
(B) shall consider the quality of each local plan under section 3116 and ensure that each subgrant is of sufficient size and scope to meet the purposes of this part.”

The law also requires the ADE to consider districts that have limited or no experience in serving immigrant children and youth when making these allocations.

The formula that has been developed for use in the 2008-09 school year establishes two criteria a district must meet to be eligible for recent immigrant funds from Title III. These criteria are:

1. The district must have 20 or more recent immigrant children in the previous Home Language Survey, and

2. When the second and third previous year’s average of recent immigrants is compared to the previous year’s recent immigrants from the Home Language Surveys, there is an increase in recent immigrants.

Using the data from the November 2005-2007 Home Language Surveys, the following districts will be eligible to receive recent immigrant funds in the 2008-2009 school year:
0401 Bentonville
6303 Bryant
2301 Conway
3601 Clarksville
6003 Pulaski County
5605 Trumann
0602 Warren
2104 Dumas
5805 Russellville
5502 Centerpoint
7503 Danville
2606 Lakeside

Direct questions concerning the Home Language Survey or the uses of the recent immigrant allocation from Title I of NCLB, to Dr. Andre Guerrero at 501-682-5014. Direct questions on the formula to Ms. Patsy Hammond at 501-682-4275.


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