leigh manasevit, esq. [email protected] brustein & manasevit,pllc 1
TRANSCRIPT
OAASFEPCOLUMBUS, OH
APRIL 2014
TITLE I REQUIREMENTS REMAINING IN THE LAND
OF THE WAIVERLeigh Manasevit, [email protected] Brustein & Manasevit,PLLC www.bruman.com
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TITLE I, PART A TOPICS
General Program Requirements Ranking and Serving Parental Involvement Set-asides Maintenance of Effort Comparability Supplement Not Supplant SES / Choice Equitable Services Reauthorization????
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TITLE I BASICS
Title I, Part A is a State-administered program ED grants funds to States based on
statutory formulas State grants funds to LEAs based on
statutory formula LEA allocates funds to schools based on
ranking and serving
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TITLE I BASICS (CONT.)
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Allocations are based on poverty levels
Service is based on academic need
PROGRAM DESIGN
Two models of Title I, Part A program:1. Targeted Assistance2. Schoolwide
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TARGETED ASSISTANCE: FOCUS ON IDENTIFIED STUDENTS
Must identify “Title I students” and provide with supplemental services
Must ensure Title I $ solely used to benefit identified students
For schools ineligible or choose not to operate schoolwide
Default rule
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WHO IS A TITLE I STUDENT?
Students identified as failing or at risk of failing State standards: NOT based on poverty!
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ELIGIBLE TITLE I STUDENTS
Students eligibility is based on: Multiple Educationally related Objective criteria Developed by LEA
If preschool- grade 2, judgment of teacher, interviews with parents, and other developmentally appropriate means.
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AUTOMATICALLY ELIGIBLE
If student in the previous 2 years received services in Head Start Even Start Early Reading First Or Migrant Part C
If the student is currently eligible under Neglect or Delinquent or Homeless
Migrant (not receiving Part C services), IDEA and LEP students are eligible on the same basis as any other student
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COMPONENTS OF TARGETED ASSISTANCE SCHOOL (TAS)
1. Use Title I funds to help participating students meet State standards
2. Incorporate Title I plans into existing comprehensive school plans
3. Use effective methods and instructional strategies based on scientifically-based research (SBR)
Extended learning time Accelerated, high-quality curriculum Minimize removing from classroom during
regular hours
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COMPONENTS OF TAS (CONT.)
4. Coordinate with regular ed program5. Highly qualified teachers6. Professional development7. Parental involvement8. Coordinate other Federal, State, and
local services and programs
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RECORDKEEPING
Records must be maintained that document that Part A funds are spent on activities and services for only Title I, Part A participating students.
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SCHOOLWIDE PROGRAMS
Combine Federal, State, and local programs (sometimes funds) to upgrade the entire educational program
However, in Most States the SEA must approve consolidation!
All students in schoolwide schools may be served by Title I employees Pre-requisite: 40% poverty
TAS by default, unless this threshold is met
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SWP FOCUS: ALL STUDENTS
Enabling all students to meet State standards Not required to provide supplemental services to
identified children Does not have to:
Demonstrate Federal funds are used only for specific target populations
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SCHOOL LEVEL REQUIREMENTS WAIVED
Exempted from most statutory and regulatory requirements applying at school level
Not required to ID particular children or provide supplemental services
Intent and purposes must be met
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COMMON MONITORING FINDING
SWP Plan missing elements
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SWP PLAN
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3 Elements:1) Describe how school
implements mandatory SWP components
2) Description of how school will use resources to implement
3) List of federal, state, and local programs consolidated
COMPONENTS OF SWP
One year planning period1. Needs assessment2. Schoolwide reform strategies that:
a. Increase the amount & quality of learning time (extended year, before- and after-school)
b. Address needs of all, but particularly low-achieving
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COMPONENTS OF SWP (CONT.)
3. Instruction by “highly qualified” teachers4. Professional development5. Strategies to attract high quality teachers6. Parental involvement7. Transition from pre-school8. Include teachers in assessment decisions9. Timely, effective additional assistance10. Coordination and integration
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NEEDS ASSESSMENT PROCESS
Needs Assessment – clearer focus in guidance – March 2006 has 5 step process:
1. Establishing SW planning team2. Clarifying the vision for reform3. Creating the school profile4. Identifying data sources5. Analyzing data
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EXCEPTIONS TO SCHOOLWIDE FLEXIBILITY
IDEA – all requirements Migrant – consult with parents; meet needs first;
document Indian – parent committee approval Health and safety Civil rights Parental involvement Private school students, teachers Maintenance of Effort (MOE) Comparability
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RANKING AND SERVING SCHOOLS UNDER SECTION 1113
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ELIGIBLE SCHOOL ATTENDANCE AREAS
Percentage of children from low-income families who reside in area . . . .
AT LEAST AS HIGH AS . . . . Percentage of children from low-income
families in LEA
LEA has flexibility to serve any school attendance area with at least 35% poverty – even if percentage is lower than average of LEA 23
ELIGIBLE SCHOOL ATTENDANCE AREAS
Residency Model
OR
Enrollment Model
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5 POVERTY MEASURES:
1. Census data2. Free and Reduced Lunch Program
data3. TANF4. Medicaid eligibility5. Composite of above
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POVERTY MEASURES (CONT.)
Same measure for ID eligible areas Ranking areas Determining allocations for school (Choice priority) (SES eligibility)
Not for SWP eligibility
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RANKING AND SERVING
Exceeding 75% poverty Strictly by poverty Without regard to grade span
At or below 75% poverty May rank by grade span
Serve strictly in order of rank!
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ALLOCATION TO SCHOOLS
After set-asides Allocate to schools based on total # of
low income residing in area (including nonpublic)
Discretion on amount of PPA Higher PPAs must be in higher schools on
ranked list No regard to SWP or TAS
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EXCEPTION: RANK & SERVE
“Skip” school, if:1. Comparability met2. Receiving supplemental State/local
funds used in Title I-like program3. Supp. State/local funds meet or
exceed amount would be received under Title I
Still count and serve nonpublic in area
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PARENTAL INVOLVEMENT
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PARENTAL INVOLVEMENT OVERVIEW
Annual meeting Involvement in planning, review and
improvement of Title I programs Provide parents of timely information
about Title I programs Coordinate with other programs, parent
resource centers
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PARENTAL NOTIFICATIONS
Annual LEA report cards Parents “right to know” of teacher
qualifications Highly qualified teacher status Achievement levels on State academic
assessments School improvement status School Choice notice as a result of school
improvement status Supplemental educational services as a
result of school improvement status Schoolwide program authority 32
PARENTAL NOTIFICATIONS (CONT.)
Easily understandable, in a uniform format, including alternate formats upon request, and to the extent practicable, in a language the parents can understand.
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PARENTAL INVOLVEMENT POLICIES
LEA parental involvement policy School parental involvement policy School/Parent compact
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PARENTAL INVOLVEMENT
1% of LEA’s Title I allocation 95% of 1% to schools LEA may keep anything over 1% for
LEA-level parental involvement Private school portion based on entire
amount
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LEA SET-ASIDESMAINTENANCE OF
EFFORT, COMPARABILITY
AND SUPPLEMENT NOT
SUPPLANT
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LEA RESERVATIONS OF TITLE I FUNDS
20% Choice transportation & SES 5% Teacher & paraprofessional
qualifications???? 1% Parental involvement 10% Professional development (if LEA
identified)
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5% TEACHER AND PARAPROFESSIONAL QUALIFICATIONS
WAS: Use at least 5%, unless lesser amount needed
NOW: Deadline of 2005-06 for all teacher and paraprofessionals to be qualified
No longer mandated (But, is it even allowable cost?)
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1% PARENT INVOLVEMENT
Reserve at least 1% 95% of 1% to schools If reserve >1%, still only need to
distribute 95% of first 1% to schools But ALL reserved subject to equitable
participation for private school students
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10% PROFESSIONAL DEVELOPMENT
If the LEA is identified for improvement.
May include any teachers that serve Title I students at some point during the day
“Title I funds cannot be used to pay for professional development of staff who do not serve any Title I students at some point during the school day.”
Ray Simon guidance letter (2004)
Question: Include teachers who do not serve any Title I students if there is no additional cost to the Title I program?
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LEA RESERVATIONS (CONT.)
No % specified Administration (public & private) Private school students Homeless
To serve students in non-Title I schools Neglected & Delinquent (N&D)
To serve students in N&D institutions or day facilities
Incentives to teachers in ID’d schools (< 5%) Professional development “Other authorized activities”
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IF NO % SPECIFIED
“Necessary and reasonable” amount Example: Administration
General Accountability Office found national average is around 10%
Example: Homeless Shelter counts Match McKinney Vento subgrant
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CALCULATING % SET ASIDES
Take off entire LEA grant Transferability:
Includes transferred amounts Carryover:
Does not include carry over (apply % only in first year available)
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MAINTENANCE OF EFFORT
Most Directly Affected by Declining Budgets
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MOE
The combined fiscal effort per student or the aggregate expenditures of the LEA
From state and local funds
From preceding year must not be less than 90% of the second preceding year
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MOE: PRECEDING FISCAL YEAR
Need to compare final financial data Compare “immediately” PFY to
“second” PFY EX: To receive funds available July
2009, compare 2007-08 school year to 2006-07 school year
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MOE: FAILURE UNDER NCLB
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SEA must reduce amount of allocation in the exact proportion by which LEA fails to maintain effort below 90%
Reduce all applicable NCLB programs, not just Title I
Aggregate expenditures
Amount per student
SY 08 1,000,000 6,100SY 09 – must spend 90%
900,000 5,490
09 –Actual amount
850,000 5,200
Shortfall -50,000 -290Percent shortfall/ reduction
-5.6% -5.3%**
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MOE: WAIVER
USDE Secretary may waive if: Exceptional or uncontrollable
circumstances such as natural disasterOR Precipitous decline in financial resources of
the LEA
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ED WAIVERS
To State to Grant to LEAs
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COMPARABILITY How is this calculated and why does it
matter?
Legal Authority:Title I Statute: §1120A(c)
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GENERAL RULE- §1120A(C)
An LEA may receive Title I Part A funds only if it uses state and local funds to provide services in Title I schools that, taken as a whole, are at least comparable to the services provided in non-Title I schools.
If all are Title I schools, all must be “substantially comparable.”
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TIMING ISSUES
Guidance: Must be annual determination
YET, LEAs must maintain records that are updated at least “biennially” (1120A(c)(3)(B))
Review for current year and make adjustments for current year
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WRITTEN ASSURANCES
LEA must file with SEA written assurances of policies for equivalence: LEA-wide salary schedule Teachers, administrators, and other staff Curriculum materials and instructional
supplies Must keep records to document
implemented and “equivalence achieved”
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MAY ALSO MEET THROUGH. . .
Student/ instructional staff ratios; Student/ instructional staff salary
ratios; Expenditures per pupil; or A resource allocation plan based on
student characteristics such as poverty, LEP, disability, etc. (i.e., by formula)
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WHO IS “INSTRUCTIONAL STAFF”?
Consistent between Title I and non-Title I
Teachers (art, music, phys ed), guidance counselors, speech therapists, librarians, social workers, psychologists
Paraprofessionals – up to SEA/ LEA Only if providing instructional support ED urges NO!
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Compare:Average of all non-Title I
schools toEach Title I school
Basis for evaluation: grade-span by grade-span or school by school
May divide to large and small schools
EXCLUSIONS:
Federal Funds Private FundsLEA may exclude state/local funds
expended for: Language instruction for LEP students Excess costs of providing services to
students with disabilities Supplemental programs that meet the
intent and purposes of Title I Staff salary differentials for years of
employment
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SUPPLEMENT NOT SUPPLANT Surprisingly Not Greatly Affected by
Declining Budgets!
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SUPPLEMENT NOT SUPPLANT
Federal funds must be used to supplement and in no case supplant state and local resources
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“What would have happened in the absence of the federal funds??”
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AUDITORS’ TESTS FOR SUPPLANTING
OMB Circular A-133 Compliance Supplement
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AUDITORS PRESUME SUPPLANTING OCCURS IF FEDERAL FUNDS WERE USED TO PROVIDE SERVICES . . .
Required to be made available under other federal, state, or local laws
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AUDITORS PRESUME SUPPLANTING OCCURS IF FEDERALLY FUNDED SERVICES
WERE . . . .
Provided with non-federal funds in prior year
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AUDITORS PRESUME SUPPLANTING OCCURS IF . . .
Title I funds used to provide service to Title I students, and the same service is provided to non-Title I children using non-Title I funds.
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PRESUMPTION REBUTTED!
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If SEA or LEA demonstrates it would not have provided services if the federal funds were not available
NO non-federal resources available this year!
WHAT DOCUMENTATION NEEDED?
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Fiscal or programmatic documentation to confirm that, in the absence of fed funds, would have eliminated staff or other services in question
State or local legislative action
Budget histories and information
MUST SHOW:
Actual reduction in state or local funds
Decision to eliminate service/position was made without regard to availability of federal funds (including reason decision was made)
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REBUTTAL EXAMPLE
State supports a reading coach program 2009 -2010
State cuts the program from State budget 2010 -2011
LEA wants to support Title I reading coach program 2010 - 2011
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REBUTTAL EXAMPLE
LEA must documenta. State cut the programb. LEA does not have uncommitted funds
available in operating budget to pick upc. LEA would cut the program unless federal
funds picked it upd. The expense is allowable under Title I
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REBUTTAL EXAMPLE 2
LEA pays a reading coach 2009 - 2010 LEA revenue falls and wants to pay
coach with Title I
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REBUTTAL EXAMPLE
LEA must showa. Reduction in Local funds
• Budgets, etc.
b. Decision to cut based on loss of funds• Link salary to reduction
c. Absent Title I, LEA would have to cut position
d. Position is allowable under Title I
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FLEXIBILITY EXCEPTION: 1120A(D)
Exclusion of Funds:
SEA or LEA may exclude supplemental state or local funds used for program that meets intents and purposes of Title I Part A
EX: Exclude State Comp Ed funds
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HOW DOES SUPPLANTING APPLY IN A SCHOOLWIDE PROGRAM?
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SUPPLEMENT NOT SUPPLANT
Statute 1114(a)(2)(B): Title I must supplement the amount of funds that would, in the absence of Title I, be made available from non-federal sources. E-18 in schoolwide guidance
The actual service need not be supplemental.
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SNS:
Guidance: School must receive all the state and local funds it would otherwise need to operate in the absence of Federal funds
Includes routine operating expenses such as building maintenance and repairs, landscaping and custodial services
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SCHOOL CHOICE AND SUPPLEMENT EDUCATION
SERVICES (SES)
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SCHOOL IMPROVEMENT
School Year (Failing to Make AYP)
Status
1 “Warning Year”
2 School Improvement (“Year 1”) (school choice)
3 School Improvement (“Year 2”) (choice and SES)
4 Corrective Action (“Year 3”)
5 Restructuring – Planning year (“Year 4”)
6 Restructuring – Implementation (“Year 5”)
7+ ?
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TO EXIT SCHOOL IMPROVEMENT
Make AYP for 1 year . . . . “on hold” in same status
Make AYP for 2 consecutive years . . . exit school improvement
May also exit by becoming “new” school, depending on State policy
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SCHOOL IMPROVEMENT NOTICE REQUIREMENTS
An explanation of what the identification means; How the school their child attends compares to other
elementary and secondary schools served by the LEA and the SEA;
The reason(s) for the school being identified for improvement;
An explanation of how parents can become involved in addressing the academic issues that led to identification; and,
An explanation of the parents’ option to transfer their child to another school in the LEA that has not been identified for improvement. (See School Choice Notification Requirements)
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SI YEAR 1: SCHOOL CHOICE
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PUBLIC SCHOOL CHOICE
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Another public school in LEA not identified for school improvement and not “persistently dangerous”
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SCHOOL CHOICE NOTICE REQUIREMENTS Must be in an understandable and
uniform format and, to the extent practicable, in a language that parents can understand [Section 1116(b)(6); 34 C.F.R. §200.36(b)].
The notification should use simple, plain language and avoid legal or professional educational terms that may be confusing or intimidating to parents.
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SCHOOL CHOICE NOTICE REQUIREMENTS (CONT.)
At a minimum, the notification must: 1. Inform parents that their child is
eligible to attend another public school and may receive transportation to the school (explaining priority);
2. Identify each public school, which may include charter schools, that parents may select; and
3. Include information on the academic achievement of the schools that parents may select.
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SCHOOL CHOICE NOTICE REQUIREMENTS (CONT.)
The notice may include: Additional information on the schools to
which an eligible student may transfer, such as a description of any special academic programs or facilities, Must be presented in an unbiased manner
Additionally, an LEA should describe the procedures and timelines that parents must follow in selecting a school for their child.
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SCHOOL CHOICE NOTICE REQUIREMENTS (CONT.)
How Notify Parents? Must provide information to parents
both:1. Directly, - regular mail, e-mail, etc.; and 2. By broader means - Internet, the media,
and public agencies serving the student population and their families.
An LEA must also prominently display on its Web site, in a timely manner - a list of available schools for the current school year to which eligible students may transfer. 86
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TIMING ISSUES
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Not later than 14 days before the start of the school year (October 2008 Title I regulations)
SEA must provide timely info to LEAs
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NEED NOT OFFER CHOICE IF. . . .
1. All schools in LEA identified2. Single school LEA3. Schools are “so remote from one
another that choice is impracticable”
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REQUIRED TO WORK WITH ANOTHER LEA?
LEA must, to the extent practicable, enter into cooperative agreements with other LEAs in the area
Bottom line: not required
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WHEN AND HOW DO YOU PRIORITIZE?
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Lowest achieving students from low income families
ONLY re: implementation (paid transport; first choice)
ALL students enrolled in school must be offered choice
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SCHOOL CHOICE - CAPACITY
No Lack of Capacity! LEAs cannot assert lack of capacity to deny
students opportunity to transfer Health or safety violations? May be considered in determining which
school available to accept transfers Cannot use such factors to deny transfer to
any school
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EXAMPLES IN GUIDANCE
Reconfiguring space not currently used for instruction
Portable classrooms Satellite divisions of receiving school in
neighboring buildings New, distinct school, with separate
faculty, within physical site of identified school
New charter schools 92
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SI YEAR 2:
SUPPLEMENTAL EDUCATIONAL SERVICES
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SUPPLEMENTAL EDUCATIONAL SERVICES (“SES”)
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Eligible enrolled students receive tutoring or other extra educational services from an SEA-approved and parent-selected provider
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TIMING ISSUES
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At beginning of SY following assessments
May establish deadline for parents Give sufficient time
(not 2 weeks)
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WHO IS “ELIGIBLE”?
Low income student Among eligible, prioritize lowest
achieving – Academic measure
Do not assume limited resources before notifying parents – Notify all eligible families Only after getting parent response, consider
priority
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WHO MAY BE A PROVIDER?
Any for-profit or nonprofit entities (including religiously-affiliated) meeting State criteria
LEA Not ID for improvement (unless
waived) Individual
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WHO MAY BE A PROVIDER? (CONT.)
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Distance learning providers
Faith Based Organizations (FBOs) not required to give up religious character Need not remove religious
icons Cannot discriminate
against recipients
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SES NOTICE REQUIREMENTS
Comprehensive, easy-to-understand information about SES
– Distinct from other parent notices!
An LEA’s SES notice to parents must: Explain how parents can obtain SES for
their child; Identify each approved SES provider within
the LEA or in its general geographic location;
Describe briefly the services, qualifications and evidence of effectiveness for each provider;
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SES NOTICE REQUIREMENTS (CONT.)
An LEA’s SES notice to parents must: Indicate providers that are able to serve
students with disabilities or LEP students. Include an explanation of the benefits of
receiving SES.
Additionally, LEA should describe the procedures and timelines that parents must follow to select a provider, when and how the LEA will notify parents about enrollment dates and start dates; and whom to contact in the LEA for more information.
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SES NOTICE REQUIREMENTS (CONT.)
An LEA’s notice to parents must: If an LEA anticipates that it will not
have sufficient funds to serve all eligible students, it should also include in the notice information on how it will set priorities in order to determine which eligible students receive services.
LEAs may provide additional information in the notice to parents, as appropriate.
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ROLE OF LEA IN STATE MONITORING
LEAs: Assist SEA in collecting information NOT in evaluating effectiveness of provider Conflict of interest if LEA is provider
Guidance - “Consider not involving such LEAs in the monitoring process at all”
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STATE MONITORING OF LEAS
“Should be part of regular Title I monitoring”
Also, “consider other tools” to monitor throughout year LEA submit to SEA:
Parental notification letters Updates during year on # of eligible
students, # signed up, # attending, amount of $ spent
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IF LEA FAILS TO IMPLEMENT SES. . .
Peer-to-peer oversight and TA by more effective LEA
Corrective action GEPA Enforcement:
1) Withhold approval of application; 2) Suspend payments; 3) Withhold payments; 4) Order repayment of misspent funds
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LEA RESPONSIBILITIES
Notify parents annually Help choose, if requested Impose priority if necessary Enter into agreement w/ providers Assist SEA in identifying potential
providers Protect privacy of students
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LEAS CANNOT:
Establish own provider list Set program design criteria
ONLY – “administrative or operational rules” that are imposed on all contractors
Ex. - Background checks, liability insurance
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FUNDS FOR CHOICE TRANSPORTATION AND SES
Amount equal to 20% of LEA allocation (Unless lesser amount needed)
To pay choice transportation To satisfy all requests for SES services Both
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FUNDS FOR CHOICE TRANSPORTATION AND SES (CONT.)
If no SES, then 20% on choice If no choice, then 20% on SES If both, then minimum of 5% for choice,
5% for supp services, and 10% for either
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ADMINISTRATION/SES TRANSPORTATION
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20% cannot include administration (for choice or SES) or SES transportation
Allowable Title I, but not in 20%
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“AMOUNT EQUAL TO 20%”
May use Title I, A funds; School improvement Section
1003(a) funds; or State, local, or private funds.
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NEW REGULATIONS - TO SPEND LESS THAN 20%, LEA MUST:
Partner, to extent practicable, with outside groups (CBO, FBO, etc);
Ensure Parents have “genuine opportunity” to sign up;
Send timely, accurate notice to parents;
Ensure SES sign-up forms given directly to all eligible students/ parents;
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NEW REGULATIONS - TO SPEND LESS THAN 20%, LEA MUST:
Ensure SES sign-up forms made widely available through broad dissemination (Internet, other media, public agencies);
Provide (at a minimum) two enrollment windows at separate points in school year of sufficient length; and
Ensure SES providers are given access to school facilities, using a fair, open and objective process, on same basis as others.
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IF FULL 20% NOT NEEDED (RESERVED MORE THAN NECESSARY)
Reallocate to Title I If took school allocations, then
reallocated to those schools Subject to equitable participation of
private school students
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WHAT IF LEA SPENDS LESS THAN 20%, BUT FULL AMOUNT WAS NEEDED?
“Out of compliance” and “subject to enforcement sanctions”
If SEA finds LEA did not meet all criteria, then LEA must in the subsequent year: Spend amount equal to the remainder of
20% in the subsequent year on choice/ SES, in addition to new 20%, OR
Meet all criteria and obtain permission from the SEA before spending less than full 20% in subsequent year.
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EQUITABLE SERVICES FOR PRIVATE SCHOOL STUDENTS
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SERVICES ARE EQUITABLE WHEN THE LEA:
Spends an equal amount of funds to serve similar public and private school students
Provides services and benefits that are equitable in comparison to the services and benefits provided to public school students
Addresses the specific needs and educational programs on public and private school students on a comparable basis
Provides, in the aggregate, approximately the same amount of services
Provides equal opportunities to participate Provides services that meet private school’s specific
needs
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CONSULTATION
LEA must provide “timely and meaningful” consultation
Timely Before the LEA makes any decisions
Meaningful Genuine opportunity for parties to express
their views Views seriously considered
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CONSULTATION (CONT.) Consultation must include:
1. How the LEA will identify the needs of eligible private school children
2. What services the LEA will offer 3. How and when the LEA will make decisions about
the delivery of services4. How, where, and by whom the LEA will provide
services 5. How the LEA will assess the services and use the
results of that assessment to improve Title I services
6. The size and scope of the equitable services 7. The method or the sources of poverty data used 8. The services the LEA will provide to teachers and
families of participating private school children.
MUST Document Consultation was timely and meaningful!
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CONSULTATION MUST INCLUDE: (CONT.)Discussion about use of 3rd Party Providers Must consider private school officials’ views – but
LEA decides whether it will use 3rd Party Providers. If LEA says no, LEA must provide written analysis of
why officials’ opinion rejected Must be a written record if private schools want to
appeal to SEA about LEA decision
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CONSULTATION: WRITTEN AFFIRMATION LEAs must obtain written affirmation
from private school officials stating timely and meaningful consultation occurred.
Signed by officials from each school with participating children, or representative
Send to SEA and maintain in LEA’s files
Example in Guidance
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DERIVING INSTRUCTIONAL ALLOCATION
General Formula: Based on number of:
1. Private school students 2. From low-income families3. Who reside in Title I-participating public
school attendance areas
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CALCULATING ALLOCATION FOR INSTRUCTION:
1. Rank public school areas: highest to lowest
2. Identify participating areas3. Calculate PPA for each area4. Calculate allocation amount for each
area must including nonpublic low-income #
5. Reserve nonpublic amount PPA x # of nonpublic low-income in each
area
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PRIVATE SCHOOL STUDENTS ALSO MUST GET EQUITABLE SHARE OF SOME SET-ASIDES:
Off the top for districtwide instruction Off top for parental involvement Off top for professional development
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HOW DO YOU GENERATE POVERTY DATA ON PRIVATE SCHOOL STUDENTS?
5 options:1. Data from same source2. Survey, with extrapolation3. Comparable data from different
source4. Proportionality5. Correlated measure
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POVERTY DATA (CONT.)
Proportionality Applying low-income % of each public
school attendance area to number of private school children who reside in that area
Correlated measure Determining the proportional relationship
betw/ two sources and applying that ratio to known source or private school students.
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POVERTY DATA: GUIDANCE
Preferred method: Same source (FRPL) BUT – Legis and regs say equally available
May used >1 method Use comparable income levels No duplication
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DISTRIBUTING THE FUNDS
Two options:1) Pooling: pool the funds to use for students with greatest educational need anywhere in LEA; or
2) School-by-School: funds follow child to private school for educationally needy child in that school
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ADMINISTRATIVE COSTS
Off the top!! Before public and private school allocations
are calculated LEA administrative costs for public and private school program
Third party contractors (private companies) administrative costs
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PROVISION OF SERVICES
Directly by LEA, or through private company, or another LEA
Responsibility of LEA where student resides
LEA controls finances Benefit of students, not private school
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EXAMPLES OF TYPES OF SERVICES
Instruction provided by LEA employees or third-party contractors
Extended-day services Family literacy Counseling Computer-assisted instruction Home tutoring Take home-computers
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TIMING OF SERVICES
Guidance: Must begin at same time as public
program If not, LEA should provide additional
services during the remainder of the year and carry over any unspent funds
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AGOSTINI: SAFEGUARDS
Services may be on-site at private school, with safeguards
Guidance: need not remove religious objects from room Must be safeguards in place to ensure NOT
promoting religion. Neutral, secular and non-ideological
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SECT 1119 STAFF QUALIFICATIONS
Do NOT apply to: private school teachers or
paraprofessionals third party contractor teachers or paras
DOES apply to: LEA teachers teaching private school
students LEA paraprofessionals Private School teachers hired by LEA for
Title I program.133
PROFESSIONAL DEVELOPMENT
For private school teachers of participants
Not for LEA teachers of participants Consult over appropriate services Private school officials cannot arrange,
then submit invoice to LEA
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QUESTIONS?
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THE FIRM DISCLAIMER!
This presentation is intended solely to provide general information and does
not constitute legal advice. Attendance at the presentation or later review of these printed materials does
not create an attorney-client relationship with Brustein & Manasevit. You should not take any action based
upon any information in this presentation without first consulting
legal counsel familiar with your particular circumstances.
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