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 Educations 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

 

/administrators/superintendents_memos/2003/adm020a.pdf

/administrators/superintendents_memos/2003/adm020b.pdf