1. Steven Spillan, Esq. sspillan@bruman.com WWW.BRUMAN.COM
21st Century Programs
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Steven Spillan, Esq.

2. 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:
Note: You may access it from your phone or computer!

3. Agenda Allowability Use of Funds Program Fees Program Income
Allowability Fact Patterns
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4. 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
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5. 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
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6. 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
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7. 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
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8. 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
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9. 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
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10. 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
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11. 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.
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12. 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.
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13. 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
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14. 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?
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15. 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 § (e) governs the use of program income
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16. 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
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17. Questioned Costs Please visit http://bruman1.participoll.com/
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18. 1. Advertisement
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Are costs associated with advertising in media such as newspapers, radio and television, direct mail, or allowable?
Yes No
It Depends A B C
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19. 2. Food
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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
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20. 3. Food (Again) What about for a staff meeting? Yes No It Depends
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What about for a staff meeting?
Yes No
It Depends A B C
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21. 4. Food (YET Again)
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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
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22. 5. Clerical Staff Yes No It Depends
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Can 21st CCLC funds be used to pay for salaries of clerical support staff?
Yes No
It Depends A B C
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23. 6. INCENTIVES
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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
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24. 7. Computer Networks
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Are the costs associated with an LEA’s district wide networks allowable under 21st CCLC?
Yes No
It Depends A B C
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25. 8. School Counseling
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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
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26. 9. Security Measures to Protect Equipment
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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
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27. 10. Field Trips Can a school use 21st CCLC funds for field trips? Yes
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Can a school use 21st CCLC funds for field trips?
Yes No
It Depends A B C
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28. 11. Private Schools
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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
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29. 12. Gifts
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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
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30. Questions???
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31. 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.