1. 21 ST CENTURY COMMUNITY LEARNING CENTERS REQUIREMENTS AND FLEXIBILITY IN LIGHT OF THE WAIVER Michael Brustein, Esq. mbrustein@bruman.com Brustein & Manasevit, PLLC Fall Forum 2012

2. Agenda 21 st Century Community Learning Centers (21 st CCLC) Resources Overview ESEA Flexibility Time and Effort General Fiscal Rules Common Monitoring Findings Brustein & Manasevit, PLLC 2

3. 21 st CCLC Resources EDs Website: http://www.ed.gov/programs/21stcclc/index.htmlhttp://www.ed.gov/programs/21stcclc/index.html 21 st CCLC Statute: http://www.ed.gov/policy/elsec/leg/esea02/pg55.html http://www.ed.gov/policy/elsec/leg/esea02/pg55.html 21 st CCLC Guidance: http://www.ed.gov/programs/21stcclc/guidance2003.doc http://www.ed.gov/programs/21stcclc/guidance2003.doc Regulations on the Participation of Faith-Based and Community Organizations in Department Programs: http://www.ed.gov/policy/fund/reg/fbci-reg.html http://www.ed.gov/policy/fund/reg/fbci-reg.html EDGAR: http://www.ed.gov/policy/fund/reg/edgarReg/edgar.htmlhttp://www.ed.gov/policy/fund/reg/edgarReg/edgar.html OMB Circulars: http://www.whitehouse.gov/omb/circulars/http://www.whitehouse.gov/omb/circulars/ Brustein & Manasevit, PLLC 3

4. 21 st CCLC Program Overview 4 Brustein & Manasevit, PLLC

5. What is the purpose? To establish or expand community learning centers that provide students with: Academic enrichment opportunities along with activities designed to complement the students regular academic program Must also offer families of eligible students literacy and related educational development Brustein & Manasevit, PLLC 5

6. What is a Community Learning Center? Located in elementary or secondary schools, or other similarly accessible facilities Provides a wide range of services to support student learning and development, including: Tutoring Community service opportunities Mentoring Character Education Programs Homework help Drug & violence prevention Academic enrichment Music, technology, arts, sports & Counselingcultural activities Operates during non-school hours Before or after school, summer, holidays, weekends, etc. Flexibility waiver exception! Assists students in meeting state and local academic achievement standards in core academic subjects Brustein & Manasevit, PLLC 6

7. Eligibility Requirements Who can participate? Students Adult family members of participating students Younger children who will become students at the school being served Brustein & Manasevit, PLLC 7

8. 21 st CCLC Program Allowability Rules Local Use of Funds Remedial education activities and academic enrichment learning programs Recreational activities Tutoring services and mentoring programs chess clubs (foster critical thinking skills, persistence) poetry contests and slams (encourage reading, writing and speaking) Mathematics and science education activities woodworking programs (encourage planning, measurement, estimation) cooking programs (foster application of math and science skills) Arts and music education activities theatre programs (encourage reading, speaking, teamwork) Brustein & Manasevit, PLLC 8

9. 21 st CCLC Program Allowability Rules Local Use of Funds Programs for Limited English Proficient students that emphasize language skills and academic achievement Expanded library service hours Programs that promote parental involvement and family literacy Book clubs (encourage reading and writing for pleasure) Telecommunications and technology education programs Computer clubs or newspaper publishing (promote writing, editing and knowledge of, and comfort with, technology) Programs that assist truant, suspended, or expelled students to improve their academic achievement Drug and violence prevention programs, counseling programs, and character education programs Brustein & Manasevit, PLLC 9

10. 21 st CCLC Program Allowability Rules Principles of Effectiveness Programs or activities must be based on: Needs assessment of objective data An established set of performance measures aimed at ensuring high quality academic enrichment opportunities; and Scientifically based research that provides evidence that the program or activity will help students meet the state and local academic achievement standards (as appropriate) Brustein & Manasevit, PLLC 10

11. ESEA Flexibility ED allowing SEAs to request flexibility through waivers of 10 provisions of the ESEA ED allowing an optional 11 th waiver to permit community learning centers to use 21 st CCLC funds to support expanded learning time during the school day in addition to activities during non-school hours or periods when school is not in session (i.e., before and after school or during summer recess) ESEA Flexibility Guidance, p.2 (September 23, 2011) http://www.ed.gov/esea/flexibility Brustein & Manasevit, PLLC 11

12. SEA must specifically request flexibility to permit eligible entities to use 21 st Century funds to support expanded learning time before and after school Brustein & Manasevit, PLLC 12

13. If waiver granted, SEA must comply with all the other 21 st Century Rules Brustein & Manasevit, PLLC 13

14. ESEA flexibility would not affect current subgrantees Only entities selected after SEA runs next competition following receipt of waiver Brustein & Manasevit, PLLC 14

15. If flexibility granted, funds may be used to support high-quality expanded learning time e.g. supplemental science, reading, civics or other supplemental academic enrichment in morning or afternoon to allow teachers time to collaborate Brustein & Manasevit, PLLC 15

16. Does supplement not supplant apply to expanded learning time under ESEA flexibility YES!!! Brustein & Manasevit, PLLC 16

17. 21 st CCLC Program Fiscal Rules Brustein & Manasevit, PLLC 17

18. Time and Effort Rules Identify the number of cost objectives!! If one cost objective: Semi-annual Certification If two or more cost objectives PARs Brustein & Manasevit, PLLC 18

19. Hypo #1 Employee works only on 21 st Century, and paid with fed $: 3 to 6 pm five days a week Expanded learning time 1 to 6pm Brustein & Manasevit, PLLC 19

20. Hypo #2 Employee works only on 21 st Century paid with federal and nonfederal $ Brustein & Manasevit, PLLC 20

21. Hypo #3 Employee works on Title I from 7:00am to 3:00pm, 21st Century from 3:00 to 6:00pm. Brustein & Manasevit, PLLC 21

22. Hypo #4 Employee works on Title I from 7:00am to 1:00pm, Expanded Learning from 1:00 to 4:00pm, 21 st Century from 4:00 to 6:00pm Brustein & Manasevit, PLLC 22

23. Hypo #5 Employee works on Title I from 7:00am to 3:00pm, travels to CBO site for 21 st Century from 3:00 to 6:00pm Brustein & Manasevit, PLLC 23

24. 21 st Century Fiscal Rules (continued) What else can be charged to the 21 st CCLC Grant? Indirect Costs If you have an approved rate that can distinguish costs for each program Restricted Indirect Cost Rate Pre-award costs (if have written approval) If charge after award notice but before the effective date, costs may be charged to the extent they would have been allowable if incurred after the award date If, prior to receiving notice of the grant, the local organization incurs financial obligations -- it is doing so at its own risk Brustein & Manasevit, PLLC 24

25. Charge a Fee? YES, however: Must offer a sliding scale of fees and scholarships for those who cannot afford the program Income collected from fees must be used to fund program activities specified in the grant application Brustein & Manasevit, PLLC 25

26. 21 st CCLC Carryover SEA has discretion If grantee making substantial progress: SEA may not redistribute 21 st CCLC funds that remain unobligated if doing so would reduce the total amount of funds available to the grantee from a given fiscal years appropriation below $50,000 If grantee is NOT making substantial progress: SEA decides not to award a second or third year 21 st CCLC grant continuation SEA may redistribute any unobligated funds, even if doing so would reduce the funds available below $50,000 Brustein & Manasevit, PLLC 26

27. Common Findings Common 21 st CCLC monitoring findings: Peer review process Awards between 3 to 5 years Applicants describe how the community learning center will continue after 21 st CCLC funding ends Outreach efforts to inform eligible entities about grant competition SEA monitoring subgrantees Reporting complete, accurate, and reliable data Brustein & Manasevit, PLLC 27

28. Questions

29. 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, PLLC. You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances. Brustein & Manasevit, PLLC 29