Recently MDE received a letter from U.S. Department of Education Assistant Secretary Kerri L. Briggs, Ph.D. notifying us that Congress passed legislation funding NCLB without appropriating any funds for Title V, Part A. Dr. Briggs noted that this raises questions about the use of the transferability authority. She clarified that a state and eligible districts may continue to transfer FY 2008 funds to Title V, Part A. The letter provides information on this provision of Title V, Part A, as well as other flexibility provisions (Small, Rural School Achievement Program and the Rural Education Achievement flexibility (REAP-Flex)).

It is our understanding that LEAs may carry over any unused Title V funds for the current year and use the transferability provisions of Title V even though there will be no allocations to Title V, Part A in fiscal year 2008.