Steven Spillan, Esq. sspillan@bruman.com WWW.BRUMAN.COM 21st Century Programs Please visit http://bruman1.participoll.com/ Please visit http://bruman1.participoll.com/ Steven Spillan, Esq. sspillan@bruman.com WWW.BRUMAN.COM

Note: You may access it from your phone or computer! Please stay tuned for the upcoming participation questions!! Make sure to keep the following website open: http://bruman1.participoll.com/ Note: You may access it from your phone or computer!

Agenda Allowability Use of Funds Program Fees Program Income Allowability Fact Patterns Brustein & Manasevit, PLLC © 2018. All rights reserved.

Use of Funds: Purpose Sec. 4201(a): Establishing/expanding community learning centers to provide students with: Academic enrichment opportunities Activities designed to complement the students’ regular academic program (helping to meet challenging State academic standard) Must also offer families of eligible students opportunities for Literacy Related educational development Brustein & Manasevit, PLLC © 2018. All rights reserved.

Additional services, programs, and activities include… Youth development activities Technology education programs Service learning Environmental literacy programs Nutrition and health education Mathematics and Science Drug and violence prevention programs Career and technical programs Internship or apprenticeship programs Counseling programs Arts & Music Other ties to an in-demand industry sector or occupation for high school students Physical fitness and wellness programs Brustein & Manasevit, PLLC © 2018. All rights reserved.

Key Definitions External Organizations (Sec. 4201(b)(4)): A nonprofit organization with a record of success in running or working with before and after school (or summer recess) programs and activities; or Partnered with such organization Brustein & Manasevit, PLLC © 2018. All rights reserved.

State Use of Funds Sec. 4202 (c) Funds allocated to State based on the State’s Title I allocation 93% must be awarded to eligible entities 2% for State administration 5% for State activities Brustein & Manasevit, PLLC © 2018. All rights reserved.

State Activities Sec. 4202(c)(3) Monitoring/evaluating Capacity building, training, and TA Evaluating effectiveness Ensuring awards align w/ challenging State academic standards Ensuring external organizations are identified/utilized Brustein & Manasevit, PLLC © 2018. All rights reserved.

State Activities Sec. 4202(c)(3) Coordinating with other Federal/State funds (braiding) Maintaining a list of prescreened external organizations Working with stakeholders to review/improve State policies and practices Brustein & Manasevit, PLLC © 2018. All rights reserved.

Priority Applicants Sec. 4204(i)(1) Proposing to target students/families who primarily attend: Comprehensive or Targeted Support Schools Schools with students who may be at risk for academic failure, dropping out of school, involvement in criminal or delinquent activities, or who lack strong positive role models Submitted jointly by eligible entities; and Demonstrate that the activities proposed in the application: Are not currently accessible to students who would be served; or Would expand accessibility to high-quality services that may be available in the community Brustein & Manasevit, PLLC © 2018. All rights reserved.

Can the SEA Add Priorities? 2003 ED Non-Regulatory Guidance (F-5): The SEA is authorized to include additional priorities in the local competition so long as they are aligned with the statute’s requirements and priorities. However, States cannot establish priorities that would curtail eligibility under this program. F-25: SEAs have the discretion to determine criteria by which to judge applications so long as the criteria are consistent with the purpose, requirements, and priorities in the legislation. In addition, the legislation allows SEAs to require State-specific information and assurances. Brustein & Manasevit, PLLC © 2018. All rights reserved.

Can SEA Award Funds for Planning Purposes? 2003 Guidance (F-14) says no Funds under this program must be used to provide services and cannot exclusively support planning. Local applicants should plan for implementation prior to applying for the grant. However, grantees may use funds for ongoing planning throughout the grant period to strengthen the program based on evaluation results. SEA 5% set aside for State activities can include training and capacity building for both applicants and recipients of grants. Brustein & Manasevit, PLLC © 2018. All rights reserved.

21st CCLC Fiscal Rules: Supplement Not Supplant 21st CCLC funds can be used to supplement, but in no case supplant, Federal, State, local funds or other non-federal funds. Presumptions: Required under federal/state/local law Paid for with non-21st CCLC funds in the prior fiscal year Rebutting the presumption Cannot provide services without 21st CCLC funds High bar for proof Brustein & Manasevit, PLLC © 2018. All rights reserved.

Charge a Fee? 2003 Guidance: Must offer a “sliding scale” of fees and scholarships for those who cannot afford the program. June 2018 ED Presentation: The fee should be the same for all students; and No child can be excluded from the program even if the student’s family is incapable of paying the nominal fee. How to read these two pieces of guidance together? Brustein & Manasevit, PLLC © 2018. All rights reserved.

Parent Fees/Program Income ED: For grantees and subgrantees that collect parent fees, they should understand that the income generated by the fees is considered program income. Without prior approval, must use deduction method With prior approval: may use addition method 2 CFR § 200.307(e) governs the use of program income Brustein & Manasevit, PLLC © 2018. All rights reserved.

Allowability -- 200.403 All Costs Must Be: Necessary, Reasonable, and Allocable Conform with federal law & grant terms Consistent with state and local policies Consistently treated In accordance with GAAP Not included as match Adequately documented Brustein & Manasevit, PLLC © 2018. All rights reserved.

Questioned Costs Please visit http://bruman1.participoll.com/ Brustein & Manasevit, PLLC © 2018. All rights reserved.

1. Advertisement Please visit http://bruman1.participoll.com/ Are costs associated with advertising in media such as newspapers, radio and television, direct mail, or email allowable? Yes No It Depends A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

2. Food Please visit http://bruman1.participoll.com/ May a 21st CCLC program use federal funds to purchase light snacks and water for a parent meeting? Yes No It Depends A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

3. Food (Again) What about for a staff meeting? Yes No It Depends Please visit http://bruman1.participoll.com/ What about for a staff meeting? Yes No It Depends A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

4. Food (YET Again) Please visit http://bruman1.participoll.com/ May a 21st CCLC program use federal funds to purchase light snacks and water for a staff meeting if the meeting is all day, in the middle of the woods and its 100 degrees outside with killer mosquitoes? Yes No It Depends A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

5. Clerical Staff Yes No It Depends Please visit http://bruman1.participoll.com/ Can 21st CCLC funds be used to pay for salaries of clerical support staff? Yes No It Depends A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

6. INCENTIVES Please visit http://bruman1.participoll.com/ To increase their assessment scores, a 21st CCLC program wants to give students an incentive so if a student attends after school tutoring for the year, the student will receive a gift certificate for a pizza. Is this allowable? Yes No It Depends A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

7. Computer Networks Please visit http://bruman1.participoll.com/ Are the costs associated with an LEA’s district wide networks allowable under 21st CCLC? Yes No It Depends A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

8. School Counseling Please visit http://bruman1.participoll.com/ Can a 21st CCLC program use federal funds to pay for a school counselor to provide counseling to all students? Yes No It Depends A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

9. Security Measures to Protect Equipment Please visit http://bruman1.participoll.com/ Carter High School wants to purchase cameras and other related security devices to protect assistive technology and other equipment purchased with federal funds. Is this allowable? Yes No It Depends A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

10. Field Trips Can a school use 21st CCLC funds for field trips? Yes Please visit http://bruman1.participoll.com/ Can a school use 21st CCLC funds for field trips? Yes No It Depends A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

11. Private Schools Please visit http://bruman1.participoll.com/ Can a district reimburse a private school the costs of their teachers attending an academic conference related to improving student achievement? Yes No It Depends A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

12. Gifts Please visit http://bruman1.participoll.com/ Can a district employee accept a gift from a contractor as long as it is below the micro-gratuity threshold? Yes No It Depends A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

Questions??? Brustein & Manasevit, PLLC © 2018. All rights reserved.

Legal Disclaimer This presentation is intended solely to provide general information and does not constitute legal advice or a legal service.  This presentation does not create a client-lawyer relationship with Brustein & Manasevit, PLLC and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct.  Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit, PLLC does not create an attorney-client relationship with Brustein & Manasevit, PLLC.  You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances.