Title V – Part A Transferability

Title V Part A Funding Transferability for Local Educational Agencies

The purpose of the Title V Part A of the Elementary and Secondary Education Act (ESEA), as amended, is to allow local education agencies (LEAs) the flexibility to target federal funds to the programs and activities that most effectively address the unique needs of their locality. Per section 5103(b) an LEA may transfer its formula funds from allocations made under each of the following programs:

• Title II Part A
• Title IV Part A

to one or more of the following programs in a fiscal year:

• Title I Parts A, C, or D
• Title II Part A
• Title III Part A
• Title IV Part A
• Title V Part B

When an LEA transfers Title II Part A or Title IV Part A formula funds, the transferred funds become funds of the program to which they are transferred and thus are subject to all the rules and requirements of that program. An LEA must treat transferred funds as all other funds allocated under the eligible ESEA program(s) into which the LEA has transferred funds.

An LEA must receive an allocation in the fiscal year for the program that it is transferring funds to. For example, only an LEA that receives a Title III Part A allocation in a given fiscal year can transfer its Title II Part A or Title IV Part A formula funds into a Title III Part A allocation.

Before transferring funds, an LEA must conduct timely and meaningful consultation with appropriate private school officials. To use transferability, an LEA must notify NMPED at least 30 days before the effective date of the transfer and submit the application amendments to NMPED within 30 days after the date of the transfer. An LEA that chooses to exercise this flexibility can indicate this in the Transferability/AFUA Submodule of the Unified Application – additional separate notice is not needed.

Please note the following:

1. Per section 5103(c), an LEA may not transfer to any other program any funds that are allocated to it for the following programs:
   • Title I Parts A, C, or D
   • Title III Part A
   • Title V Part B
2. An LEA must provide equitable services based on the amount of funds the LEA is allocated for each program, after the funds are transferred.