Annual October Count of Children in Neglected or Delinquent Institutions, and in Adult Correctional Institutions Virginia Department of Education Office of Program Administration and Accountability October 12, 2017

Disclaimer: The presentation was planned under a grant from the U. S Disclaimer: The presentation was planned under a grant from the U.S. Department of Education (USED). However, the content does not necessarily represent the policy of the USED, and you should not assume endorsement by the federal government.

Annual Count Purpose Provide one data point to USED that is used to determine Title I, Part A, and Title I, Part D, allocations. USED requires that school divisions and state agencies submit data in two categories: 1) delinquent children; and 2) neglected children.

Allocations to States Data point Funding source Funding supports # of delinquent students Title I, Part D, Subpart 2 Delinquent students # of neglected students Part A Neglected and at-risk students

Who is Counted? Children and youth ages 5-17, who live in: (1) local institutions for neglected children as defined in section 1432(4)(A) of the Elementary and Secondary Education Act (ESEA), as amended; (2) local institutions for delinquent children as defined in section 1432(4)(B) of the ESEA, as amended, or (3) local adult correctional institutions as defined in section 1432(1) of the ESEA, as amended;

Who is Counted? Children that are counted may be different from students served (21 years or younger). Children who reside in an eligible institution for at least one day during a 30 consecutive day period, at least one day of which falls within the month of October.

Who is Counted? The count is based on the October caseload count of any children who reside in the facility regardless of the child’s or youth’s state of origin. Children cannot be counted in the enrollment data submitted by a local state correction or state detention facility (State Agency).

Facility Eligibility School divisions report data to the state for locally operated facilities. The facilities must meet the definition of an institution for: children who are neglected; children who are delinquent; or youth 21 years or younger in adult correctional institutions that have not obtained a high school diploma. Facilities can be publicly or privately operated. Facilities included in the count must be residential. Non-residential facilities cannot be counted but can be served after priority is given to the residential facilities.

Definition: Neglected Institution “Institution for neglected children and youth” means a public or private residential facility, other than a foster home, that is operated primarily for the care of children and youth who: (a) have been committed to the institution or voluntarily placed in the institution under applicable state law due to abandonment, neglect, or death of their parents or guardians; and (b) have had an average length of stay in the institution of at least 30 days. (Section 1432(4)(A) of the ESEA, as amended)

Definition: Delinquent Institution “Institution for delinquent children and youth” means a public or private residential facility that is operated for the care of children and youth other than a foster home who: (a) have been adjudicated to be delinquent or in need of supervision; and (b) have had an average length of stay in the institution of at least 30 days. (c) Includes facilities for detention, juvenile corrections and adult corrections (youth 21 years or younger). (Section 1432(4)(A) of the ESEA, as amended), (Title I, Part D Nonregulatory Guidance, N-3)

Definition: Delinquent Institution Delinquent youth may be placed in a delinquent institution voluntarily or by a state or local agency other than by the juvenile justice system if that is the best placement for the child.

Facility Eligibility The annual October counts are submitted according to the type of facility. Facilities must be designated as either neglected or delinquent institutions. They cannot be both. Facility type is determined by a charter, constitution, by-laws or mission statement Residential facilities that can be included in the count: Religious facilities specifically for neglected or delinquent youth Group homes for neglected or delinquent youth County jails not operated by the state that provide educational services

Facility Eligibility The annual October counts are submitted according to the type of facility. For October 2017, a facility’s governing document must be submitted with the October Count to VDOE and a copy must be kept on file with the LEA. The language that is used to identify the type of facility should be highlighted. If the governing document cannot be provided to the LEA, contact the Title I, Part D, Coordinator at the VDOE for help obtaining the proper documentation. If the documentation is not clear or cannot be obtained, then use the most prevalent identification of the children served in the facility (neglected or delinquent) to determine the type of facility.

Delinquent Facility Example

Delinquent Facility Example cont.

Neglected Facility Example The Miller Home is able to serve 20 females ages 4 to 21 who are not able to live with their families. Residents may have sustained previous abuse, or neglect, or may be emotionally disturbed, learning disabled, or experiencing behavioral, social, or educational problems.

Neglected Facility Example cont. Emergency placements are not accepted nor are those who are a threat to themselves or others. The Miller Home is also unable to serve youth who are actively psychotic, drug addicted, pregnant, severely physically handicapped or those with a history of criminal, delinquent, or violent behavior. All residents must be able to attend public school or an equivalent program and perform daily self-care tasks.

Facility Eligibility All students in a facility share the same designation. They are either all neglected students or all delinquent students. One facility cannot report both neglected and delinquent students, but both type of students can be served. (Title I, Part D Nonregulatory Guidance, L-3)

Stellar Behavioral Health Center Annual Count Example 1 Facility Name Stellar Behavioral Health Center Neglected Students 9 Delinquent Students 16 Governing Document By-laws: delinquent facility How to Report Students 25 delinquent students

Annual Count Example 2 Facility Name The Champion Academy Neglected Students 6 Delinquent Students Governing Document Constitution: delinquent facility How to Report Students 12 delinquent students

Facility type - unclear Annual Count Example 3 Facility Name The Sterling School Neglected Students 10 Delinquent Students 50 Governing Document Charter: Facility type - unclear How to Report Students 60 delinquent students

Annual Count Example 4 Facility Name The Ace Center Neglected Students 7 Delinquent Students 12 Governing Document Charter: Neglected facility How to Report Students 19 neglected students

Facility Eligibility The type of facility must be consistently reported unless the charter, constitution, by-laws or mission statement changes. Documentation of the type of facility will be required only for the upcoming Annual Count (October 2017). After that collection, it will only be required during monitoring and if the charter, constitution, by-laws, or mission changes.

Counted vs. Served Students living in local neglected facilities and delinquent facilities, or local adult correctional facilities during 1 day during the 30 day count period; ages 5-17 during the count period Students living in local neglected and delinquent facilities; adult correctional facilities; community day schools for neglected or delinquent children/youth; at-risk youth in LEA; ages 5-21 (17+ without diploma)

Suggested Steps to Conduct the Count The school division will: locate the neglected and delinquent residential facilities in your geographic boundaries that have an average stay of 30 days; contact them to inform them of the purpose and their requirement to participate in the Annual October Count; choose a 30 day window, of which one day must be in October to conduct the count; and provide the institutions with the directions and forms that will be used to record their number of students ages 5-17.

Steps to Conduct the Count The facility will: count the number of children enrolled in the institution during the window. If a student leaves the institution early in the window through a formal exit process but then returns during the 30 day window, then the student can be counted twice. Runaways who leave voluntarily and then re-enter do not count twice.

Steps to Conduct the Count The facility will: provide their governing document that identifies their facility as neglected or delinquent facility, or provide an explanation of why they cannot specify their facility type, and provide a rationale for any changes in the number or type of students reported from the previous year.

Steps to Conduct the Count The school division will: compile the data, complete and verify that the information is correct on the Report Form, and submit the completed form and governing documents to VDOE.

2017 Report Form Four Sections Formula Data and Reporting Classification and Breakdown of Institutions in School Divisions Data Verification Certification by School Division

A. Formula Data and Reporting Indicate the number of neglected or delinquent children, ages 5-17 in local residential institutions in the school division. Name of School Division Division Code NEGLECTED Caseload Count for October 2017* DELINQUENT Caseload Count for October 2017**   TOTAL

B. Classification and Breakdown of Institutions Indicate the institutions in your division from which the count in Section A was derived.   Name and Address of Institution Governing Document Provided: Yes or No Institution Type: Neglected (N) or Delinquent (D) Total students living in institution

C. Data Verification Provide an explanation for any large increases or decreases in the data from the previous year. Possible reasons for changes in the data may include, but are not limited to: a new institution opening; an institution closing; youth over the age of 17 were counted; youth not living in the facility were counted; or the numbers were reported incorrectly because the governing document was not originally available.

D. Certification by School Division

2017 Report Form Submission All school divisions complete the form, even if no students are reported. Submit the forms electronically by Wednesday, November 15, 2017 to Gloria Torrens-Billings at Gloria.Torrens-Billings@doe.virginia.gov

Contact Information Tiffany Frierson Title I Specialist Office of Program Administration and Accountability Virginia Department of Education Tiffany.Frierson@doe.virginia.gov (804) 371-2682

QUESTIONS

Resources Federal Programs, Title I, Part D Title I, Part D Annual Count Title I, Part D Nonregulatory Guidance Title I, Part D Legislation The National Evaluation and Technical Assistance Center for the Education of Children and Youth Who are Neglected, Delinquent, or At-risk (NDTAC)