ESSA Title III
Title III serves English as a Second Language Students. Through Title III, students who have a primary language other than English receive instruction in English in a specialized setting.
Title III funds may only be used for the requirements set forth under Title III [Sec.3115 (g)].
- Parents have the rights under Title III [Sec.3302 (a)] to be informed related to:
- The reasons for the identification of their child as limited English proficient and in need of placement in a language instruction educational program;
- The child’s level of English proficiency, how each level was assessed, and the status of the child’s academic achievement;
- The method of instruction used in the program in which their child is, or will be, participating, and the methods of instruction used in other available programs, including how such programs differ in content, instruction goals, and use of English and a native language instruction;
- How the program in which their child is, or will be participating will meet the educational strengths and needs of the child;
- How such program will specifically help their child learn English, and meet age appropriate academic achievement standards for grade promotion and graduation;
- The specific exit requirements for such program, the expected rate of transition from such program into classrooms that are not tailored for limited English proficient children and the expected rate of graduation from secondary school for such program if funds under this title are used for children in secondary schools;
- In the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and
- Information pertaining to parental rights that includes written guidance detailing
- The right that parents have to have their child immediately removed from such program upon their request; and
- The options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if more than one program or method is offered by the eligible entity.
- Districts using Title III funds must also separately inform a parent or the parents of a child identified for participation in the language instruction educational program of failure to meet the annual measurable achievement objectives not later than 30 days after such failure occurs.
- Translation or interpretation that is required under Office of Civil Rights statutes may not be paid for with Title III funds (from the OCR May 25, 1970 Memorandum). The Office of Civil Rights statutes predate Title III.
- Title I translation or interpretation cannot be paid with Title III funds due to Supplement, Not Supplant [Sec.3115 (g)].