ESEA Title I Supplement, Not Supplant, and American Reinvestment and Recover Act ARRA funds

1.  ESEA Title I Supplement, Not Supplant, and American Reinvestment and Recover Act (ARRA) funds

2. General rule: A district may not use Title I, Part A funds for activities that it would have carried out in the absence of Title I, Part A funds. Supplement, Not Supplant The “supplement, not supplant” requirement ensures that children participating in Title I programs receive their fair share of services from state and local funds. It applies to both state and local educational agencies (LEAs), and requires that federal funds received under Title I are used only to supplement, or add to, the amount of funds available from state and local sources. The state and districts cannot use these federal funds to supplant , or take the place of, funds that would have been spent on Title I students if Title I funds were not available. Activities and services that are determined to be supplanting are not allowable under Title I. It is especially important to understand this requirement as it relates to the American Recovery and Reinvestment Act (ARRA) funds. First of all, the supplement, not supplant provision applies to the ARRA funds. No changes have been made to this requirement. Districts that have more than 5% census percent poverty or more will receive additional Title I, Part A ARRA funds. Given this large, one-time increase in federal funding, districts must consider the supplement, not supplant provision as they think about how they will use the funds wisely to strengthen education, drive reforms, and improve results for students from early learning through post-secondary education.The “supplement, not supplant” requirement ensures that children participating in Title I programs receive their fair share of services from state and local funds. It applies to both state and local educational agencies (LEAs), and requires that federal funds received under Title I are used only to supplement, or add to, the amount of funds available from state and local sources. The state and districts cannot use these federal funds to supplant , or take the place of, funds that would have been spent on Title I students if Title I funds were not available. Activities and services that are determined to be supplanting are not allowable under Title I. It is especially important to understand this requirement as it relates to the American Recovery and Reinvestment Act (ARRA) funds. First of all, the supplement, not supplant provision applies to the ARRA funds. No changes have been made to this requirement. Districts that have more than 5% census percent poverty or more will receive additional Title I, Part A ARRA funds. Given this large, one-time increase in federal funding, districts must consider the supplement, not supplant provision as they think about how they will use the funds wisely to strengthen education, drive reforms, and improve results for students from early learning through post-secondary education.

3. Ask the following questions: Does the district use Title I funds to provide services that the district is required to make available under state, local or other federal law? Does the district use Title I funds to provide services that it provided in the prior year with non-federal funds? Does the district use Title I funds to provide services for children participating in a Title I program or in a Title I school that it provides with non-federal funds to children in non-Title I schools? Supplement, Not Supplant When planning for the use of the ARRA funds, consider the following questions to determine if your district is at risk of supplanting: Does the district use Title I funds to provide services that the districts is required to make available under state, local or other federal law? Does the district use Title I funds to provide services that it provided in the prior year with non-federal funds? Does the district use Title I funds to provide services for children participating in a Title I program or in a Title I school that it provides with non-federal funds to children in non-Title I schools? When planning for the use of the ARRA funds, consider the following questions to determine if your district is at risk of supplanting: Does the district use Title I funds to provide services that the districts is required to make available under state, local or other federal law? Does the district use Title I funds to provide services that it provided in the prior year with non-federal funds? Does the district use Title I funds to provide services for children participating in a Title I program or in a Title I school that it provides with non-federal funds to children in non-Title I schools?

4. If you answer ‘yes’ to any of these questions, your district is at risk of supplanting. Supplement, Not Supplant If you answer ‘yes’ to any of these questions, you are at risk of supplanting. If you answer ‘yes’ to any of these questions, you are at risk of supplanting.

5. However… If the district has documentation that it would not have been able to provide the services with state or local funds had the federal funds been unavailable, a district can overcome a presumption of supplanting. Supplement, Not Supplant However, a district may be able to rebut the presumption of supplanting if it is able to provide evidence that it would not have been able to provide the services in question if federal funds were not available. There are several conditions under which a district may overcome the presumption of supplanting. These conditions, as well as some examples, follow. However, a district may be able to rebut the presumption of supplanting if it is able to provide evidence that it would not have been able to provide the services in question if federal funds were not available. There are several conditions under which a district may overcome the presumption of supplanting. These conditions, as well as some examples, follow.

6. Condition #1: A district can demonstrate that there was a reduction in the amount of state and local funds available to pay for the activity. Possible evidence: budgetary documents, accounting ledgers, payroll documentation (including sources of salary funds), legislation and statutes showing reduced funding allocations from year to year. Supplement, Not Supplant Condition #1: A district can demonstrate that there was a reduction in the amount of state and local funds available to pay for the activity. Possible evidence includes budgetary documents, accounting ledgers, payroll documentation (including sources of salary funds), legislation and statutes showing reduced funding allocations from year to year.Condition #1: A district can demonstrate that there was a reduction in the amount of state and local funds available to pay for the activity. Possible evidence includes budgetary documents, accounting ledgers, payroll documentation (including sources of salary funds), legislation and statutes showing reduced funding allocations from year to year.

7. Condition #2: A district makes the decision to eliminate the activity without taking into consideration the availability of Title I, Part A funds. Possible evidence: minutes from board meetings, internal memoranda, board resolutions and proposals, as well as other documentation explaining the LEA’s reasons for eliminating the position if it was to be supported with state and local funds Supplement, Not Supplant Condition #2: A district makes the decision to eliminate the activity without taking into consideration the availability of Title I, Part A funds. The district must have fiscal and programmatic records that confirm that the district would have eliminated the activity in the absence of Title I, Part A funds. These records, for example, might document the reduction in state or local funds. The documents might also explain what priorities changed to warrant a shift of state or local funds away from those priorities, and the reasons for choosing to eliminate state or local support for the priorities. Please note that such documentation must be contemporaneous with the LEA’s decision-making process. In other words, you may not go back and re-create documentation after an event or decision has been made. It is very difficult to rebut a presumption of supplanting after the fact. Possible evidence includes minutes from board meetings, internal memoranda, board resolutions and proposals, as well as other documentation explaining the LEA’s reasons for eliminating the position if it was to be supported with state and local funds. Condition #2: A district makes the decision to eliminate the activity without taking into consideration the availability of Title I, Part A funds. The district must have fiscal and programmatic records that confirm that the district would have eliminated the activity in the absence of Title I, Part A funds. These records, for example, might document the reduction in state or local funds. The documents might also explain what priorities changed to warrant a shift of state or local funds away from those priorities, and the reasons for choosing to eliminate state or local support for the priorities. Please note that such documentation must be contemporaneous with the LEA’s decision-making process. In other words, you may not go back and re-create documentation after an event or decision has been made. It is very difficult to rebut a presumption of supplanting after the fact. Possible evidence includes minutes from board meetings, internal memoranda, board resolutions and proposals, as well as other documentation explaining the LEA’s reasons for eliminating the position if it was to be supported with state and local funds.

8. Condition #3 (REQUIRED): The activity that is now paid with Title I, Part A funds is allowable under Title I, Part A, and consistent with all Title I fiscal and programmatic requirements. Possible evidence: program statutes detailing allowable uses of funds, descriptions of employee responsibilities, time distribution records, contracts, purchase orders and invoices, and other documentation detailing the procurement process Supplement, Not Supplant It is required that the activity that is paid with Title I, Part A funds is allowable under Title I, Part A, and consistent with all Title I fiscal and programmatic requirements. Possible evidence includes program statutes detailing allowable uses of funds, descriptions of employee responsibilities, time distribution records, contracts, purchase orders and invoices, and other documentation detailing the procurement process. It is required that the activity that is paid with Title I, Part A funds is allowable under Title I, Part A, and consistent with all Title I fiscal and programmatic requirements. Possible evidence includes program statutes detailing allowable uses of funds, descriptions of employee responsibilities, time distribution records, contracts, purchase orders and invoices, and other documentation detailing the procurement process.

9. Possible example: A reading support teacher who was formerly paid with state and local funds is in jeopardy of losing his job. The district has an official memo that states that the position is about to be cut at the end of the school year. The teacher is re-assigned using ARRA funds to provide supplemental services in a targeted assistance school. Supplement, Not Supplant As a reminder, the documented evidence must be contemporaneous with the LEA’s decision-making process. A district may not go back and re-create documentation after an event or decision has been made. As a reminder, the documented evidence must be contemporaneous with the LEA’s decision-making process. A district may not go back and re-create documentation after an event or decision has been made.

10. Possible example: A district has minutes from a Board meeting that show the need to cut all Math Specialists. These positions had been paid with state and local funds. The district uses ARRA funds to restore the positions in Title I schools. The Math Specialists in Title I Targeted Assistance schools must be providing supplemental services to Title I eligible students only. Supplement, Not Supplant

11. Possible example: A school district facing budget reductions has submitted a board proposal to cut one reading support teacher from each elementary school. One elementary school that has just gone schoolwide decides to use ARRA funds to re-assign their Title I teacher to a reading coach position. Supplement, Not Supplant

12. For more information on supplement, not supplant and the ARRA funds: Contact your DPI Title I Consultant DPI Title I Page http://www.dpi.state.wi.us/titleone/index.html DPI ARRA Page http://www.dpi.state.wi.us/recovery/index.html Supplement, Not Supplant If you have any questions about the supplement, not supplant provision, please contact your DPI Title Title I Consultant. You can find the contact information for the DPI consultants at the DPI Title I webpage. You can also find up-to-date information about the ARRA funds, including Title I, IDEA, Title II-D, and Education for Homeless Children and Youth, on the DPI ARRA webpage. If you have any questions about the supplement, not supplant provision, please contact your DPI Title Title I Consultant. You can find the contact information for the DPI consultants at the DPI Title I webpage. You can also find up-to-date information about the ARRA funds, including Title I, IDEA, Title II-D, and Education for Homeless Children and Youth, on the DPI ARRA webpage.