A r c h i v e d I n f o r m a t i o n
State and Local Roles
Role of SEAs
Under Title VI, the SEA is entrusted with the basic responsibility for the administration and supervision of Title VI programs in the State. This includes the responsibility to ensure compliance with the Title VI provisions. Additionally, the SEA's role will also involve supporting and facilitating the efforts of its LEAs through technical assistance services in the implementation of Title VI programs as well as statewide education reform activities.
Role of LEAs
The primary role of LEAs under Title VI is to carry out one or more of the eight authorized innovative assistance programs listed in the statute. Title VI provides LEAs with flexibility in carrying out this role. First, LEAs have complete discretion in determining how to divide funds among the eight innovative assistance program areas in a manner that meets both the purposes of Title VI and the needs of the students within the LEAs. (See section 6303(c), 20 USC 7353(c)). Moreover, LEAs and school personnel have the primary responsibility for the design and implementation of programs. (See section 6001(c), 20 USC 7301(c)).
LEA Discretion - In light of the discretion that LEAs have to divide funds among the eight innovative assistance programs, questions have arisen about the extent to which this precludes SEAs from becoming involved in any manner in such decisions. SEAs and LEAs should note that Title VI also specifically requires SEAs to refrain from exercising any influence in the decision-making processes of LEAs concerning the expenditures for programs among the innovative assistance programs. (See section 6202(a)(5), 20 USC 7332(a)(5)). Thus, the Department believes that an SEA or a State legislature may not establish -- whether through the budget approval process, legislation, or other means -- binding requirements on an LEA with respect to the division of funds among the innovative assistance programs. However, in keeping with its administrative role, an SEA may still issue rules relating to the administration and operation of Title VI as long as they are issued pursuant to State law, do not conflict with the provisions of Title VI, and do not limit the discretion of LEAs regarding allocation of expenditures among the programs.