No Child Left Behind Act: Education's Data Improvement Efforts Could Strengthen the Basis for Distributing Title III Funds

The Department of Education clarified instructions relevant to the collection of data on the number of students with limited English proficiency assessed annually for English proficiency on the Consolidated State Performance Report (CSPR) by changing the related CSPR question for the 2007-08 CSPR in a manner that allows it to collect information on how many students were assessed, and how many were proficient. This question continued to be used on the upcoming 2008-09 CSPR.

In September 2008, the Department of Education awarded a contract to the National Academy of Sciences (NAS) to address the concern raised in the GAO report regarding the accuracy of the two allowable sources of data. The NAS established a panel of experts and held several panel meetings to analyze the data and related decision criteria to come up with recommendations on the use of these two data sources. A report was issued by the National Research Council of the National Academies for distribution after January 10, 2011. There were five recommendations issued. The study recommended that the English Language Learner (ELL) pupil count for determining allocations to State Education Agency Title III funding for ELL programs be based on a 25 state weighted/75 American Community Survey weighted formula. The report, which was sent to the Department of Education, may be obtained at: www.nap.edu.

In September 2009, Education officials reported that for the FY 2009 Title III appropriation, Appropriations Act language stated "In the event a State experiences a drastic fluctuation in the estimated number of limited-English-proficient and immigrant children in a given year, as estimated by the American Community Survey (ACS), such that the fluctuation would result in a 10-percent or greater decrease in the State's Title III allotment from the previous fiscal year, the Department shall determine the affected State's allocation using an average of the most recent 3 years of data (based on the ACS) for the number of limited-English-proficient and immigrant children residing in such State." In addition, Education stated that their staff worked with congressional drafters on the current language for FY 2010 which states "For carrying out part A of title III of the Elementary and Secondary Education Act of 1965, $760,000,000, which shall become available on July 1, 2010, and shall remain available through September 30, 2011, except that 6.5 percent of such amount shall be available on October 1, 2009, and shall remain available through September 30, 2011, to carry out activities under section 3111(c)(1)(C): Provided, That the Secretary of Education shall use estimates of the American Community Survey child counts for the most recent 3-year period available to calculate allocations under such part."