COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P.O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO NO. 20
April 18, 2003
ADMINISTRATIVE
|
TO: |
Division
Superintendents |
|
FROM: |
Jo Lynne
DeMary Superintendent
of Public Instruction |
|
SUBJECT: |
Transferability
Provisions of the No Child Left Behind (NCLB) Act of 2001 |
The No Child Left Behind (NCLB) Act of
2001 contains provisions that allow school divisions to transfer funds between
qualifying federal programs. These
provisions provide that local school divisions may transfer up to 50 percent of
the funds from a qualifying federal program to another federal program that is
eligible to receive transferred funds.
The transferability provision is intended to provide a school division
with flexibility to target and transfer funds to the areas it deems as needing
the greatest assistance. After funds
have been transferred to another program, the transferred funds become subject
to the laws and regulations of the receiving program.
As stated above, a school division may transfer up to 50 percent
of the funds from each eligible program into other eligible programs [Section
6123(b)(1) of NCLB Act]; however, in the future, if a school division is
identified for improvement under Section 1116(c), it may only transfer up to 30
percent of the funds in an eligible program.
The programs from which funds may be transferred are:
·
Title
II-Part A: Improving Teacher Quality;
·
Title
II-Part D, Subpart 1: Enhancing Education Through Technology;
·
Title
IV-Part A: Safe and Drug-Free Schools and Communities;
·
Title
V-Part A: Innovative Programs.
Funds from these federal programs may be transferred to:
·
Title
I-Part A: Improving Basic LEA Programs;
·
Title
II-Part A: Improving Teacher Quality;
·
Title
II-Part D, Subpart 1: Enhancing Education Through Technology;
·
Title
IV-Part A: Safe and Drug-Free Schools and Communities;
·
Title
V-Part A: Innovative Programs.
Please note that although transferred funds may be received by
Title I – Part A, funds cannot be transferred from Title I – Part A.
Each school division (Local Education Agency or LEA)
that wants to transfer funds must submit an “LEA FUNDS TRANSFER FORM” (NCLB-1)
no less than thirty days prior to the date that the transfer is needed in
accordance with Section 6123(d)(2)(A-C) of the NCLB Act. Attachment A contains the “LEA FUNDS
TRANSFER FORM” that school divisions must submit to the Department of Education
to request these transfers. Applicable
sections of “Schedule A” must be completed and signed by the LEA director of
the program transferring funds and by the LEA director of the program receiving
funds. If funds are being transferred
from more than one program, a separate “Schedule A” must be completed for each
transfer. After approval by the
division superintendent or his/her authorized designee, the form should be
forwarded to the Department of Education to the attention of the State
Education Agency (SEA) grant manager for the program from which the funds will
be transferred. Transfers will be
processed by the Department of Education within thirty days of receipt of the
request.
Separate project codes have been established for each transfer from/transfer to combination. Attachment B lists the project codes that will be used by the Department of Education to identify these payments on the Locality Ledger report and semi-monthly EDI deposit notices.
Additional information related to the No Child Left Behind Act
of 2001 is available on the Department of Education’s website at www.pen.k12.va.us/VDOE/nclb.
If you have any questions, please contact George H. Irby, (mailto:girby@pen.k12.va.us), director for
compensatory programs, at 225-2869.
JLD/dst
Attachments