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Title I, Part A, and State Compensatory Education

Consolidated Application Elementary and Secondary Education Act (ESEA) Title I, Part A, and State Compensatory Education (SCE) legal assurances for fiscal year 2013-14.
ESEA, Title I, Part A, and State Compensatory Education
  1. Each Local Educational Agency (LEA) receiving Title I/SCE funds is allocating time and resources to coordinate and integrate services with Even Start, Head Start, Reading First, Early Reading First, and other preschool programs, as well as other educational services for students who are English Learners (also known as LEP), children with disabilities, homeless, migratory, American Indian and neglected and delinquent students, along with other health and welfare agencies, if appropriate. (20 United States Code (USC) §§6301(b)(11), 6311(a)(1), 6312(b)(1)(E); Public Law (PL) 107-110, §1112(b)(1)(E))
  2. School eligibility is determined by district-wide criteria for Title I and SCE. (PL 107-110, §311(b)(5), 1112(b)(G); Education Code (EC) §62002; California Code of Regulations (CCR) T5, §4414)
  3. Each Title I participant in a Targeted Assistance Program is identified as being most in need using consistently applied multiple objective educational criteria established by the LEA and supplemented by the school, except that children from preschool through grade two shall be selected solely on the basis of such criteria as teacher judgment, interviews with parents and developmentally appropriate measures. (20 USC §6315(b)(1)(B); PL107-110, §1115(b)(l)(B))
  4. The LEA will:
    1. Work in conjunction with schools as each schoolsite council (SSC) develops their Single Plan for Student Achievement (SPSA) to include the specific requirements for either a Targeted Assistance School (TAS) program or School-wide Program (SWP) and implement the SPSA. (20 USC §6312(c)(1)(C); (PL 107-110, §1112(c)(1)(C))
    2. Provide for services to eligible migratory children and former migratory children. (20 USC §6312(b)(1)(J); (PL 107-110, §1112(b)(1)(J))
    3. Implement programs and early intervention for the educationally disadvantaged students based on scientifically based research. (20 USC §6312(c)(1)(F); (PL 107-110, §1001(9))
    4. Coordinate and collaborate as determined necessary with other agencies providing services to children, youth and families including health and social services. (20 USC §6312(c)(1)(E); (PL 107-110, §1112(c)(1)(K))
    5. Inform eligible schools and parents operating a schoolwide program of its ability to consolidate federal funds and coordinate state or local resources. (20 USC §6312(c)(1)(A); (PL 107-110 §1112(c)(1)(A))
    6. Ensure that school(s) which operate schoolwide programs meet the Title I/SCE criteria. (20 USC §6314(a)(1); (PL 107-110, §1114(a)(1))
    7. Spend, at a minimum, a per child amount of the state and local funds, excluding amounts for state compensatory, as was present during the preceding fiscal year. (20 USC §6321(a); (PL 107-110, §1120A(a))
  5. The district advisory council for state compensatory education programs (DAC/SCE) has been provided with the application and other documents pertinent to the planning, implementation, and evaluation of the programs included in this document. (CCR T5 §4423, §4501, §4503)
  6. The LEA annually uses the State academic assessments and other indicators described in the state plan to review annually the progress of each school receiving Title I funds to determine whether the school is making adequate yearly progress. The LEA shall identify for program improvement any elementary or secondary school that fails for 2 consecutive years, to make adequate yearly progress as defined in the State’s plan. For schools that are targeted assistance, the LEA may choose to review the progress of only the students in the school who are served, or are eligible for services under this part before identifying the school for program improvement, corrective action or restructuring under Section 1116. For schools identified as program improvement, the LEA agrees to the following:

    The LEA will comply with Title I federal regulation regarding posting of public school choice and Supplemental Educational Services (SES) information, which includes:
    1. the amount of funds available for Choice and SES;
    2. the per-child amount for SES as calculated by California Department of Education;
    3. the number of students who were eligible for SES (beginning with data from 2007-08);
    4. the number of students who participated in SES during prior school years (beginning with data from 2007-08),
    5. a list of SES providers approved to serve the LEA;
    6. the locations where SES services are provided;
    7. a list of providers that are able to serve students with disabilities or who are limited English proficient; or
    8. to inform the CDE if an LEA does not have its own Web site and the state must include the information for the LEA on its Web site for that LEA. (34 Code of Federal Regulations (CFR) Part 200.39(c)).

      Year 1: Not later than the first day of the school year following identification, provide all students enrolled in the school with the option to transfer to another public school served by the LEA, which may include a public charter school, that has not been identified for program improvement. The LEA shall give priority to the lowest achieving children from low-income families. In addition, the LEA will:
      • assist the school in developing the school plan in consultation with parents, school staff, the LEA, and outside experts for approval by the LEA that shall cover a two-year period;
      • ensure provision of specified technical assistance during the development and implementation of the school plan.

      Year 2: For a school that fails to make adequate yearly progress after the first year, the LEA shall continue to provide all students enrolled in the school with the option to transfer to another public school and shall make supplemental educational services available, and shall continue to provide technical assistance.

      Year 3: For a school that fails to make adequately yearly progress after two years in program improvement, the LEA shall continue to provide all students enrolled in the school with the option to transfer to another public school; continue to provide technical assistance, supplemental services to children who remain in the school; and shall identify the school for corrective action and take at least one corrective action under clause (iv). The LEA shall publish and disseminate information regarding any corrective action taken.

      Year 4: For a school that after one year in corrective action fails to make adequate yearly progress, the LEA shall continue to provide all students enrolled in the school with the option to transfer to another public school in the district; continue to make supplemental services available to children who remain in the school; and shall prepare a plan for alternative governance arrangements for the school as indicated in Section 1116(b)(8)(B) and 20 USC §6316(b)(8)(B).

      Year 5: For a school that after two years in corrective action fails to make adequate yearly progress, the LEA shall implement the alternative governance arrangement plan consistent with State law and with Section 1116(b)(8)(B) and 20 USC §6316(b)(8)(B).

      For any case described for program improvement in years 1-5 above, and until the school exits Program Improvement (PI) status, the LEA shall provide or pay for choice-related transportation and supplemental services as appropriate. Unless a lesser amount is needed the LEA shall spend an amount equal to 20 percent of its allocation under subpart 2 from which the agency shall spend:
      • an amount equal to 5 percent to pay for transportation costs;
      • an amount equal to 5 percent to provide supplemental education services;
      • an amount equal to the remaining 10 percent for transportation or supplemental services or both as the agency determines.

      The LEA is allowed to count its costs for outreach and assistance to parents concerning their choice to transfer their child or to request supplemental educational services up to 0.2 percent of its Title I, Part A allocation (1 percent of the 20 percent obligation).

      The LEA may not include costs for administration or transportation incurred in providing supplemental educational services, or administrative educational costs associated with the provision of public school choice options to meet the 20 percent obligation.

      If an LEA intends to spend less than the amount equal to 20 percent of Title I, Part A allocation for public school choice transportation and supplemental educational services for schools in program improvement, it must:
      1. Meet, at a minimum, the following criteria:
        1. Partner, to the extent practicable, with outside groups, such as faith-based organizations, other community-based organizations, and business groups, to help inform eligible students and their families of the opportunities to transfer or to receive supplemental educational services.
        2. Ensure that eligible students and their parents have a genuine opportunity to sign up to transfer or to obtain supplemental educational services by:
          1. Providing timely, accurate notice as required in 34 CFR, sections 200.36 and 200.37;
          2. Ensuring that sign-up forms for supplemental educational services are distributed directly to all eligible students and their parents and are made widely available and accessible through broad means of dissemination, such as the Internet, other media, and communications through public agencies serving eligible students and their families; and
          3. Providing a minimum of two enrollment "windows," at separate points in the school year, that are of sufficient length to enable parents of eligible students to make informed decisions about requesting supplemental educational services and selecting a provider.
        3. Ensure that eligible supplemental educational services providers are given access to school facilities, using a fair, open, and objective process, on the same basis and terms as are available to other groups that seek access to school facilities.
        4. Ensure that eligible supplemental educational services providers are given access to school facilities, using a fair, open, and objective process, on the same basis and terms as are available to other groups that seek access to school facilities.
      2. Maintain records that demonstrate the LEA has met the criteria in paragraph a, and has spent the remainder of its 20 percent obligation on other allowable activities, specifying the amount of that remainder.

        If the LEA did not meet the criteria in paragraph a, the LEA must spend an amount equal to the reminder of the 20 percent obligation in the subsequent year in addition to its 20 percent obligation for that year on choice-related transportation costs, supplemental educational services, or parent outreach and assistance.

        If all public schools served by the LEA to which a student may transfer are identified for program improvement, the LEA shall, to the extent practicable, establish a cooperative agreement with other local educational agencies in the area for transfer.
      3. Notify the State Educational Agency that the LEA -- (1) has met the criteria in paragraph a; and (2) intends to spend the remainder of its 20 percent obligation on other allowable activities, specifying the amount of that remainder.

        In any case identified in years 1-5 above, and until the school exits PI status, if all public schools served by the LEA to which a student may transfer are identified as program improvement, the LEA shall to the extent practicable, establish a cooperative agreement with other local educational agencies in the area for transfer.

        If any school identified for program improvement makes adequate yearly progress for two consecutive years, the LEA shall exit the school from program improvement upon notification by the State and shall no longer subject the school to the requirements of program improvement. (20 USC §6316(a)(1)(A), §6316(b)(1)(A), §6316(b)(1)(D), §6316(b)(1)(E),§6316(b)(3)(A),§6316(b)(5)(A)-(C), §6316(b)(5), §6316(b)(7)(C), §6316(b)(8)(A), §6316(b)(8)(B), §6316(b)(9), §6316(b)(10)(A), §6316(b)(11), §6316(b)(12); PL107-110, §1116(a)(1)(A), §1116(b)(1)(A), §1116(b)(1)(D), §1116(b)(1)(E),§1116(b)(3)(A),§1116(b)(5)(A)-(C), §1116(b)(5), §1116(b)(7)(C), §1116(b)(8)(A), §1116(b)(8)(B), §1116(b)(9), §1116(b)(10)(A), §1116(b)(11), §1116(b)(12)), 34 CFR, Section 200.48(d)(2), 34 CFR, 200.48(d)(4)(i)(A))
  7. The LEA is maintaining fiscal efforts on behalf of eligible children to ensure that these funds supplement the regular program and do not supplant the local efforts to educate eligible children. (20 USC §6321(a); PL 107-110, §1120(A)(a))
  8. The LEA agrees to implement programs, activities, and procedures for the involvement of parents in programs assisted under and consistent with Title I, Part A requirements. Such programs, activities, and procedures shall be planned and implemented with meaningful consultation with parents of participating children. Each LEA shall develop jointly with, agree on with, and distribute to parents of participating children, a written parent involvement policy. The policy shall be incorporated into the LEA local plan and describe how the LEA will:
    1. Involve parents in the joint development of the local plan and the process of school review for program improvement schools under Section 1116;
    2. Help schools to plan and implement effective parent involvement activities to improve student academic achievement and school performance;
    3. Build the schools’ and parents’ capacity for strong parental involvement;
    4. Coordinate and integrate parental involvement strategies under Part A and under other programs as specified;
    5. Conduct with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy and use the findings of the evaluation to design more effective parental involvement; and,
    6. Involve parents in the activities of the Title I schools.
    Parents shall be notified of the policy in an understandable and uniform format and to the extent practicable, provided in a language the parents can understand. The policy shall be made available to the local community and updated periodically to meet the changing needs of parents and the school. (20 USC §6318(a)(1)(2)(A)-(F), §6318(b)(1); PL 107-110, §1118(a)(1)(2)(A)-(F), §1118(b)(1))

    To ensure effective involvement of parents each LEA shall provide:
    1. Assistance to parents of children served by the school or LEA, in understanding topics such as the State’s content standards and academic assessments, the parental involvement requirements of Section 1118, and how to monitor a child’s progress and work with educators to improve the achievement of their children.
    2. Materials and training to help parents work with their children to improve their children’s achievement.
    3. Training to teachers, counselors, principals and other staff in how to reach out to, communicate with, and work with parents as equal partners.
    4. Ensure to the extent feasible, the coordination and integration of various parent involvement programs.
    5. Ensure that information related to school and parent programs, meetings, and other activities is sent to the parents of participating children in a format and, to the extent practicable, in a language the parents can understand.
    6. Other reasonable support for parental involvement activities as parents may request. (20 USC §6318(e); PL 107-110, §1118(e))

    The LEA may also involve parents in activities as specified in Section 1118(e)(1)-(14). In carrying out the parent involvement requirements the LEA, to the extent practicable, shall provide full opportunities for the participation of parents with LEP, parent with disabilities, and parents of migratory children, including providing information and school reports required under Section 1111 in format and, to the extent practicable, in a language such parents understand. (20 USC §6318(f); PL 107-110, §1118(f))

    The LEA will present in an understandable and uniform format and language that the parents can understand, the Annual LEA and School Report Cards. (20 USC §6318(a)(1), §6318(b), §6318(e), §6318(f); PL 107-110, §1118(a)(1), §1118(b), §1118(e), §1118(f))

    The LEA shall provide high-quality professional development to enable teachers to become highly qualified and successful classroom teachers. The LEA shall develop strategies for providing professional development for paraprofessionals, parents and other staff. (20 USC §6319(a)(2)(B), (h); PL 107-110, §1119(a)(2)(B), (h))
  9. The LEA developed a plan for ensuring that all core academic subject classes are taught by highly qualified teachers by the end of the 2005-06 school year and will annually report progress made toward meeting the annual measurable objectives established by the state educational agency for the LEA as a whole and each of the schools serviced by the LEA. (20 USC §6319(a)(3), §6319(B)(1)(a); PL 107-110, §1119(a)(3), §1119(B)(1)(a))
  10. All paraprofessionals hired after the date of enactment of the ESEA of 2001 and working in a program supported with funds under Title I shall have completed at least two years of study in an institution of higher education, and obtained an associate’s (or higher) degree, or met a rigorous standard of quality and can demonstrate, through a formal State or local academic assessment; that they have knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or knowledge of, and the ability to assist in instructing reading readiness, writing readiness, and mathematics readiness, appropriate. (20 USC §6319(c)(1)(A-C), (d); PL 107-110, §1119(c)(1)(A-C), (d))
  11. The LEA will reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve homeless children, children in local institutions for neglected children, and, if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs. (20 USC §6313(c)(3)(A)-(C); PL 107-110, §1113(c)(3)(A-C))
  12. The LEA has maintained fiscal effort. The combined fiscal effort per student or the aggregate expenditures of the LEA from State and local funds for free public education for the preceding year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding year. (20 USC §8891(a); PL 107-110, Title XIV §14101(10), and §14501(a))
  13. The LEA will inform eligible schools of the LEA authority to obtain waivers on the school’s behalf under Title IX and under the Education Flexibility Partnerships Act of 1999. (20 USC §6311(c)(12); PL 107-110, §1112(c)(1)(J))
  14. Each LEA receiving Title I/SCE funds will assist each school served by the LEA in developing or identifying examples of high-quality, effective curricula. The LEA will provide services to each school served to ensure that all Title I students meet the state content and student performance standards, each school gives reasonable promise to provide substantial progress toward meeting the educational needs of compensatory education students, and that these services are designed and implemented in consultation with all appropriate staff and parents. (20 USC §6311(b)(8); (PL 107-110, §1112(c)(1)(O))
  15. Each LEA will use the results of the student academic assessments required under section 1111(b)(3) to ensure that all students meet the State’s proficient level of achievement. The LEA will ensure that the results from the academic assessments are provided to parents and teachers as soon as it is practically possible. (USC 20 §6312 (c)(1)(M)(N); PL 107-110, §1112(c)(1)(M)(N))

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Questions:   Anne Daniels | adaniels@cde.ca.gov | 916-319-0640
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