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Leigh Manasevit, Esq. Brustein & Manasevit,PLLC 1.

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Presentation on theme: "Leigh Manasevit, Esq. Brustein & Manasevit,PLLC 1."— Presentation transcript:

1 Leigh Manasevit, Esq. Brustein & Manasevit,PLLC 1

2  General Program Requirements  Ranking and Serving  Parental Involvement  Set-asides  Maintenance of Effort  Comparability  Supplement Not Supplant  SES / Choice  Equitable Services  Reauthorization???? 2

3  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 3

4 4  Allocations are based on poverty levels  Service is based on academic need

5  Two models of Title I, Part A program: 1. Targeted Assistance 2. Schoolwide 5

6  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 6

7  Students identified as failing or at risk of failing State standards: NOT based on poverty! 7

8  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. 8

9  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 9 9999

10 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 10

11 4. Coordinate with regular ed program 5. Highly qualified teachers 6. Professional development 7. Parental involvement 8. Coordinate other Federal, State, and local services and programs 11

12  Records must be maintained that document that Part A funds are spent on activities and services for only Title I, Part A participating students. 12

13  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 13

14  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 14

15  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 15

16  SWP Plan missing elements 16

17 SWP PLAN 17 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

18 One year planning period 1. Needs assessment 2. 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 18

19 3. Instruction by “ highly qualified ” teachers 4. Professional development 5. Strategies to attract high quality teachers 6. Parental involvement 7. Transition from pre-school 8. Include teachers in assessment decisions 9. Timely, effective additional assistance 10. Coordination and integration 19

20  Needs Assessment – clearer focus in guidance – March 2006 has 5 step process: 1. Establishing SW planning team 2. Clarifying the vision for reform 3. Creating the school profile 4. Identifying data sources 5. Analyzing data 20

21  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 21

22 22

23  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

24  Residency Model OR  Enrollment Model 24

25 1. Census data 2. Free and Reduced Lunch Program data 3. TANF 4. Medicaid eligibility 5. Composite of above 25

26  Same measure for  ID eligible areas  Ranking areas  Determining allocations for school  (Choice priority)  (SES eligibility)  Not for SWP eligibility 26

27  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! 27

28  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 28

29  “Skip” school, if: 1. Comparability met 2. Receiving supplemental State/local funds used in Title I-like program 3. Supp. State/local funds meet or exceed amount would be received under Title I  Still count and serve nonpublic in area 29

30 30

31  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 31

32  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

33  Easily understandable, in a uniform format, including alternate formats upon request, and to the extent practicable, in a language the parents can understand. 33

34  LEA parental involvement policy  School parental involvement policy  School/Parent compact 34

35  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 35

36 36

37  20% Choice transportation & SES  5% Teacher & paraprofessional qualifications????  1% Parental involvement  10% Professional development (if LEA identified) 37

38  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?) 38

39  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 39

40  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? 40

41  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” 41

42  “Necessary and reasonable” amount  Example: Administration  General Accountability Office found national average is around 10%  Example: Homeless  Shelter counts  Match McKinney Vento subgrant 42

43  Take off entire LEA grant  Transferability:  Includes transferred amounts  Carryover:  Does not include carry over (apply % only in first year available) 43

44  Most Directly Affected by Declining Budgets 44

45  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 45

46  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 46

47 47  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

48 Aggregate expenditures Amount per student SY 081,000,0006,100 SY 09 – must spend 90% 900,0005,490 09 – Actual amount 850,0005,200 Shortfall-50,000-290 Percent shortfall/ reduction -5.6%-5.3%** 48

49  USDE Secretary may waive if:  Exceptional or uncontrollable circumstances such as natural disaster OR  Precipitous decline in financial resources of the LEA 49

50  To State to Grant to LEAs 50

51  How is this calculated and why does it matter? Legal Authority: Title I Statute: §1120A(c) 51

52  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.” 52

53  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 53

54  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” 54

55  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) 55

56  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! 56

57 57 Compare: Average of all non-Title I schools to Each Title I school Basis for evaluation:  grade-span by grade-span or  school by school May divide to large and small schools

58 Federal Funds Private Funds LEA 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 58

59  Surprisingly Not Greatly Affected by Declining Budgets! 59

60  Federal funds must be used to supplement and in no case supplant state and local resources 60

61 “What would have happened in the absence of the federal funds??” 61

62  OMB Circular A-133 Compliance Supplement 62

63  Required to be made available under other federal, state, or local laws 63

64  Provided with non-federal funds in prior year 64

65  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. 65

66 66  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!

67 67  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

68  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) 68

69  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 69

70  LEA must document a. State cut the program b. LEA does not have uncommitted funds available in operating budget to pick up c. LEA would cut the program unless federal funds picked it up d. The expense is allowable under Title I 70

71  LEA pays a reading coach 2009 - 2010  LEA revenue falls and wants to pay coach with Title I 71

72  LEA must show a. 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 72

73  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 73

74 74

75  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. 75

76  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 76

77 77

78 SCHOOL IMPROVEMENT School Year (Failing to Make AYP) Status 1“Warning Year” 2School Improvement (“Year 1”) (school choice) 3School Improvement (“Year 2”) (choice and SES) 4Corrective Action (“Year 3”) 5Restructuring – Planning year (“Year 4”) 6Restructuring – Implementation (“Year 5”) 7+? 78

79 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 79

80  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) 80

81 81

82 82  Another public school in LEA not identified for school improvement and not “persistently dangerous”

83  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. 83

84 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. 84

85  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. 85

86  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

87 87  Not later than 14 days before the start of the school year (October 2008 Title I regulations)  SEA must provide timely info to LEAs

88 1. All schools in LEA identified 2. Single school LEA 3. Schools are “so remote from one another that choice is impracticable” 88

89  LEA must, to the extent practicable, enter into cooperative agreements with other LEAs in the area  Bottom line: not required 89

90 90  Lowest achieving students from low income families  ONLY re: implementation (paid transport; first choice)  ALL students enrolled in school must be offered choice

91  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 91

92  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

93 93

94 94  Eligible enrolled students receive tutoring or other extra educational services from an SEA-approved and parent-selected provider

95 95  At beginning of SY following assessments  May establish deadline for parents  Give sufficient time (not 2 weeks)

96  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 96

97  Any for-profit or nonprofit entities (including religiously-affiliated) meeting State criteria  LEA  Not ID for improvement (unless waived)  Individual 97

98 98  Distance learning providers  Faith Based Organizations (FBOs) not required to give up religious character  Need not remove religious icons  Cannot discriminate against recipients

99 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; 99

100  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. 100

101  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. 101

102  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” 102

103  “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 103

104  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 104

105  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 105

106  Establish own provider list  Set program design criteria  ONLY – “administrative or operational rules” that are imposed on all contractors  Ex. - Background checks, liability insurance 106

107  Amount equal to 20% of LEA allocation  (Unless lesser amount needed)  To pay choice transportation  To satisfy all requests for SES services  Both 107

108  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 108

109 109  20% cannot include administration (for choice or SES) or SES transportation  Allowable Title I, but not in 20%

110  May use Title I, A funds;  School improvement Section 1003(a) funds; or  State, local, or private funds. 110

111  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; 111

112  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. 112

113  Reallocate to Title I  If took school allocations, then reallocated to those schools  Subject to equitable participation of private school students 113

114  “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. 114

115 115

116  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 116

117  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 117

118 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 services 4. 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! 118

119 Discussion about use of 3 rd Party Providers  Must consider private school officials’ views – but LEA decides whether it will use 3 rd 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 119

120  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 120

121 General Formula:  Based on number of: 1. Private school students 2. From low-income families 3. Who reside in Title I-participating public school attendance areas 121

122 1. Rank public school areas: highest to lowest 2. Identify participating areas 3. Calculate PPA for each area 4. Calculate allocation amount for each area must including nonpublic low-income # 5. Reserve nonpublic amount PPA x # of nonpublic low-income in each area 122

123  Off the top for districtwide instruction  Off top for parental involvement  Off top for professional development 123

124 5 options: 1. Data from same source 2. Survey, with extrapolation 3. Comparable data from different source 4. Proportionality 5. Correlated measure 124

125  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. 125

126  Preferred method: Same source (FRPL)  BUT – Legis and regs say equally available  May used >1 method  Use comparable income levels  No duplication 126

127 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 127

128  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 128

129  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 129

130  Instruction provided by LEA employees or third- party contractors  Extended-day services  Family literacy  Counseling  Computer-assisted instruction  Home tutoring  Take home-computers 130

131 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 131

132  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 132

133  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

134  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 134

135 135

136 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. 136

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