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Reallocation of Unexpended Funds for No Child Left Behind (NCLB) School Choice Options

All LEAs must submit their intent to reallocate on the online system by April 29, 2011, via the Online Request for Reallocation System.

General Information | Legislation | Important Information | Important Links and Resources

General Information

The law provides authority to local educational agencies (LEAs) to request approval from the FDOE for the reallocation of any remaining portion of the 20 percent set-aside funds after January 1. Following January 1, if an LEA determines that it has unexpended funds remaining in the 20 percent set-aside, the LEA may request authorization to reallocate the remaining funds. Upon receiving the request, FDOE staff will review required documentation of the LEA’s parent and community outreach efforts and any documented circumstances that impacted student participation. Approval will be based on the preponderance of evidence supporting the LEA’s efforts to fully comply with the requirements and intent of NCLB.

According to Title I, Part A, of NCLB, the FDOE is ultimately responsible for ensuring compliance with all aspects of the program, including programmatic and fiscal requirements. The FDOE has the authority to set reasonable conditions on the use of funds by each LEA. The FDOE’s policy regarding the 20 percent set-aside for public school choice and SES is consistent with federal law and policy.

The Legislation

According to the Non-Regulatory Guidance for Public School Choice and Supplemental Educational Services, unless the LEA meets the established criteria, an LEA that does not meet its 20 percent obligation in a given school year must spend the unexpended amount in the subsequent school year on choice-related transportation, SES, or parent outreach and assistance. The LEA must spend the unexpended amount in addition to the funds it is required to spend to meet its 20 percent obligation in the subsequent school year [34 C.F.R. §200.48(d)(1)].

If a school district has not spent the required supplemental educational services set-aside funding, the district may apply to the Department of Education (FDOE) after January 1 for authorization to reallocate the funds. If the Commissioner of Education does not approve the reallocation of funds, the district may appeal to the State Board of Education. The State Board of Education must consider the appeal within 60 days of its receipt and the decision of the state board shall be final (Section 1008.331(4), Florida Statutes).

Important Information

  • The online reallocation system will be released January 5, 2010.
  • All LEAs must submit their intent to reallocate on the online system by April 30, 2010.
  • The Assurance and Superintendent Certification (with superintendent’s original signature)should be mailed by April 30, 2010 to:
    Florida Department of Education Bureau of Federal Educational Programs Office of Public School Options 325 W. Gaines Street, Suite 348 Tallahassee, FL 32399-0400
  • The request for reallocation will not be approved without the original Assurance and Superintendent Certification; however LEAs may wish to email a copy to in an effort to expedite the time to process the request.
  • Please email if you have questions or need assistance with the online system.

Important Links and Resources