920 likes | 931 Views
This article provides an overview of the top ten findings in Title I, Part A monitoring, including topics such as private schools, parental involvement, fiscal requirements, and more.
E N D
Title I, A Requirements and the Waiver Tiffany R. Winters, Esq. twinters@bruman.com Bonnie Little Graham, Esq. bgraham@bruman.com Brustein & Manasevit, PLLC www.bruman.com Brustein & Manasevit, PLLC
US ED SASA Monitoring – Top Ten Findings in Frequency • Private Schools – Equitable Services • Parental Involvement • Parental Notifications • Fiscal Requirements • District Report Cards • Choice Notification • State Report Cards • District Allocation • Paraprofessional Qualifications • SES Notification W W W W Brustein & Manasevit, PLLC
Basic ESEA Title I, Part A Requirements Not Subject to Waiver Brustein & Manasevit, PLLC
Title I, Part A Topics General Program Requirements Ranking and Serving Parental Involvement Set-asides Maintenance of Effort Comparability Supplement Not Supplant SES/Choice Equitable Services W W Brustein & Manasevit, PLLC
Title I Basics 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 Brustein & Manasevit, PLLC
Title I Basics (cont.) Allocations are based on poverty levels Service is based on academic need Brustein & Manasevit, PLLC
Program Design Two models of Title I, Part A program: Targeted Assistance Schoolwide Brustein & Manasevit, PLLC
Targeted Assistance: Focus on Identified Students Identify “Title I students” and provide with supplemental services Ensure Title I $ solely used to benefit identified students For schools ineligible or choose not to operate schoolwide Brustein & Manasevit, PLLC
Who is a Title I student? Students identified as failing or at risk of failing State standards: NOT based on poverty! Brustein & Manasevit, PLLC
Eligible Title I students 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. Brustein & Manasevit, PLLC
Automatically Eligible 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 Neglected and Delinquent or Homeless Migrant (not receiving Part C services), IDEA and LEP students are eligible on the same basis as any other student Brustein & Manasevit, PLLC
Recordkeeping Records must be maintained that document that Part A funds are spent on activities and services for only Title I, Part A participating students. Brustein & Manasevit, PLLC
Schoolwide Programs 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 Brustein & Manasevit, PLLC
Common Monitoring Finding: SWP Plan missing elements!! Brustein & Manasevit, PLLC
Exceptions to Schoolwide Flexibility • 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 Brustein & Manasevit, PLLC
Ranking and Serving Schools under Section 1113 Brustein & Manasevit, PLLC
Eligible School Attendance Areas 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 Brustein & Manasevit, PLLC
Eligible School Attendance Areas Residency Model OR Enrollment Model Brustein & Manasevit, PLLC
Ranking and Serving 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! Brustein & Manasevit, PLLC
Allocation to Schools 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 Brustein & Manasevit, PLLC
Ranking with Grade Span Option Brustein & Manasevit, PLLC
Serve Schools STRICTLY in Order of Rank Allocation to Schools • NOTE: first, reserve set-asides • Allocate to schools based on total # of students from low income families residing in area (including nonpublic) • Discretion on amount of PPA • Higher PPAs must be in higher schools on ranked list • Served Regardless of TAS or SW program schools Brustein & Manasevit, PLLC
Ranking with Grade Span Option Brustein & Manasevit, PLLC
What About Charter Schools? Charter Schools are PUBLIC schools and are therefore, ranked and served like any other public school. Introduction of any new eligible public school may effect other schools allocations. Brustein & Manasevit, PLLC
Ranking with New Charter School Brustein & Manasevit, PLLC
Exception: Rank & Serve • “Skip” school, ONLY if: • Meet Comparability; • Receiving supplemental State/local funds used in Title I-like program; and • Supplemental State/local funds meet or exceed amount would be received under Title I • Still count and serve nonpublic in area Brustein & Manasevit, PLLC
Parental Involvement Brustein & Manasevit, PLLC
Parental Involvement Overview Annual meeting Involvement in planning, review and improvement of Title I programs Provide parents timely information about Title I programs Coordinate with other programs, parent resource centers Brustein & Manasevit, PLLC
Parental Notifications 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 Brustein & Manasevit, PLLC
Parental Notifications (Cont.) • Easily understandable, in a uniform format, including alternate formats upon request, and to the extent practicable, in a language the parents can understand. Brustein & Manasevit, PLLC
Parental Involvement Policies LEA parental involvement policy School parental involvement policy School/Parent compact Brustein & Manasevit, PLLC
Parental Involvement 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 Brustein & Manasevit, PLLC
Other LEA Set-Asides;Maintenance of Effort, Comparability and Supplement Not Supplant W Brustein & Manasevit, PLLC
LEA Reservations of Title I Funds W 20% Choice transportation & SES 5% Teacher & paraprofessional qualifications???? 1% Parental involvement 10% Professional development (if LEA identified) W W Brustein & Manasevit, PLLC
1% Parent Involvement 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 Brustein & Manasevit, PLLC
10% Professional Development W 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? Brustein & Manasevit, PLLC
LEA Reservations (cont.) 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” Brustein & Manasevit, PLLC
If No % Specified “Necessary and reasonable” amount Example: Administration Government Accountability Office found national average is around 10% Example: Homeless Shelter counts Match McKinney Vento subgrant Brustein & Manasevit, PLLC
Maintenance of Effort Most Directly Affected by Declining Budgets Brustein & Manasevit, PLLC
MOE 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 Brustein & Manasevit, PLLC
MOE: Preceding Fiscal Year Need to compare final financial data Compare “immediately” PFY to “second” PFY EX: To receive funds available July 2014, compare 2012-13 school year to 2011-12 school year Brustein & Manasevit, PLLC
MOE: Failure under NCLB 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 Brustein & Manasevit, PLLC
MOE: Waiver USDE Secretary may waive if: Exceptional or uncontrollable circumstances such as natural disaster OR Precipitous decline in financial resources of the LEA Brustein & Manasevit, PLLC
ED Waivers To State to Grant to LEAs Brustein & Manasevit, PLLC
Comparability How is this calculated and why does it matter? Legal Authority: Title I Statute: §1120A(c) Brustein & Manasevit, PLLC
General Rule- §1120A(c) 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.” Brustein & Manasevit, PLLC
Timing Issues 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 Brustein & Manasevit, PLLC
Comparability • If all are Title I schools, all must be “substantially comparable.” • Reasonable variance ok (<10%). • The variance can either be over or under the average. Brustein & Manasevit, PLLC
Timing • Guidance: Must be annual determination • Review for current year and make adjustments for current year Brustein & Manasevit, PLLC
Written Assurances • 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” Brustein & Manasevit, PLLC