Title I, A Requirements and the Waiver

1. 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

2. 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

3. Basic ESEA Title I, Part A Requirements Not Subject to Waiver Brustein & Manasevit, PLLC

4. 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

5. 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

6. Title I Basics (cont.) Allocations are based on poverty levels Service is based on academic need Brustein & Manasevit, PLLC

7. Program Design Two models of Title I, Part A program: Targeted Assistance Schoolwide Brustein & Manasevit, PLLC

8. 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

9. Who is a Title I student? Students identified as failing or at risk of failing State standards: NOT based on poverty! Brustein & Manasevit, PLLC

10. 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

11. 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

12. 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

13. 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

14. Common Monitoring Finding: SWP Plan missing elements!! Brustein & Manasevit, PLLC

15. 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

16. Ranking and Serving Schools under Section 1113 Brustein & Manasevit, PLLC

17. 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

18. Eligible School Attendance Areas Residency Model OR Enrollment Model Brustein & Manasevit, PLLC

19. 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

20. 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

21. Ranking with Grade Span Option Brustein & Manasevit, PLLC

22. 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

23. Ranking with Grade Span Option Brustein & Manasevit, PLLC

24. 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

25. Ranking with New Charter School Brustein & Manasevit, PLLC

26. 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

27. Parental Involvement Brustein & Manasevit, PLLC

28. 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

29. 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

30. 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

31. Parental Involvement Policies LEA parental involvement policy School parental involvement policy School/Parent compact Brustein & Manasevit, PLLC

32. 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

33. Other LEA Set-Asides;Maintenance of Effort, Comparability and Supplement Not Supplant W Brustein & Manasevit, PLLC

34. 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

35. 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

36. 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

37. 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

38. 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

39. Maintenance of Effort Most Directly Affected by Declining Budgets Brustein & Manasevit, PLLC

40. 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

41. 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

42. 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

43. 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

44. ED Waivers To State to Grant to LEAs Brustein & Manasevit, PLLC

45. Comparability How is this calculated and why does it matter? Legal Authority: Title I Statute: §1120A(c) Brustein & Manasevit, PLLC

46. 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

47. 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

48. 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

49. Timing • Guidance: Must be annual determination • Review for current year and make adjustments for current year Brustein & Manasevit, PLLC

50. 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