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ESEA Title IV, SDFSC

Consolidated Application ESEA, Title IV, Part A, Safe and Drug-free Schools and Communities Program legal assurances for fiscal year 2013-14.
ESEA, Title IV, Part A, Safe and Drug Free Schools and Communities Program

Please note: Under the federal budget for the 2010-11 fiscal year, new funding for the Title IV, Part A, Safe and Drug Free Schools and Communities Program, has been eliminated effective June 30, 2010. LEAs may not apply for new allocations, however the General Assurances listed below pertain to the use of Title IV, Part A carryover funds.

  1. The applicant LEA ensures that the activities or programs funded by the Safe and Drug Free Schools and Communities Program {ESEA, Title IV, Part A} comply with the principles of effectiveness described in section 7115(a) (1) and foster a safe and drug free learning environment that supports academic achievement. In general, for a program or activity to meet the principles of effectiveness, such program or activity shall: (A) be based on an assessment of objective data regarding the incidence of violence and illegal drug use in the elementary schools and secondary schools and communities to be served, including an objective analysis of the current conditions and consequences regarding violence and illegal drug use, including delinquency and serious discipline problems, among students who attend such schools (including private school students who participate in the drug and violence prevention program) that is based on ongoing local assessment or evaluation activities; (B) be based on an established set of performance measures aimed at ensuring that the elementary schools and secondary schools and communities to be served by the program have a safe, orderly, and drug-free learning environment; (C) be based on scientifically based research that provides evidence that the program to be used will reduce violence and illegal drug use; (D) be based on an analysis of the data reasonably available at the time, of the prevalence of risk factors, including high or increasing rates of child abuse and domestic violence; protective factors, buffers, assets; or other variables in schools and communities in the State identified through scientifically based research; (E) include meaningful and ongoing consultation with and input from parents in the development of the application and administration of the program or activity; (F) shall undergo a periodic evaluation to assess its progress toward reducing violence and illegal drug use in schools to be served based on performance measures described in section 7114; and (G) The results shall be used to refine, improve, and strengthen the program, and to refine the performance measures, and shall also be made available to the public upon request, with public notice of such availability provided. (20 USC §7114(d)(1), §7115(a)(1)(2))
  2. To ensure timely and meaningful consultation, the applicant LEA, at the initial stages of design and development of a program or activity, shall consult with appropriate entities and persons on issues regarding the design and development of the program or activity, including efforts to meet the principles of effectiveness described in section 7115. The applicant LEA ensures that the LEA shall develop its application through timely and meaningful consultation with State and local government representatives, representatives of schools to be served (including private schools), teachers and other staff, parents, students, community-based organizations, and others with relevant demonstrated expertise in drug and violence prevention activities (such as medical, mental health, and law enforcement professionals); and that on an ongoing basis, the LEA shall consult with such representatives and organizations in order to seek advice regarding how best to coordinate such agency’s activities under this subpart with other related strategies, programs, and activities being conducted in the community. (20 USC §7114(c))
  3. The applicant LEA ensures that funds under this subpart will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this subpart, be made available for programs and activities authorized under this subpart, and in no case supplant such State, local, and other non-Federal funds. (20 USC §7114(d)(4))
  4. The applicant LEA ensures that drug and violence prevention programs supported under this subpart convey a clear and consistent message that acts of violence and the illegal use of drugs are wrong and harmful. (20 USC §7114(d)(6); PL 107-110, §4114(d)(6))
  5. The applicant LEA ensures that the LEA has, or the schools to be served have, a plan for keeping schools safe and drug free that is reviewed and updated by March 1 every year. The safe school plan includes: (A) appropriate and effective school discipline policies that prohibit disorderly conduct, the illegal possession of weapons, and the illegal use, possession, distribution, and sale of tobacco, alcohol, and other drugs by students; (B) security procedures at school and while students are on the way to and from school; (C) prevention activities that are designed to create and maintain safe, disciplined, and drug-free environments; (D) a crisis management plan for responding to violent or traumatic incidents on school grounds; and (E) a code of conduct policy for all students that clearly states the responsibilities of students, teachers, and administrators in maintaining a classroom environment that:
    1. allows a teacher to communicate effectively with all students in the class;
    2. allows all students in the class to learn;
    3. has consequences that are fair, and developmentally appropriate;
    4. considers the student and the circumstances of the situation; and
    5. is enforced accordingly. (20 USC §7114(d)(7))
  6. The applicant LEA ensures that the application and any waiver request under Section 7115(a)(3) will be available for public review after submission of the application. (20 USC §7114(d)(8))
  7. The applicant LEA shall submit to the State educational agency such information that the State requires to complete the State report required by subsection 7116 (a), including a description of how parents were informed of, and participated in, violence and drug prevention, and that this information shall be made readily available to the public. (20 USC §7116(b)(1))
  8. The applicant LEA is in compliance with the State law requiring local educational agencies to expel from school for a period of not less than 1 year a student who is determined to have brought a firearm to a school, or to have possessed a firearm at a school, under the jurisdiction of local educational agencies in that State, except that such State law shall allow the chief administering officer of a LEA to modify such expulsion requirement for a student on a case-by-case basis if such modification is in writing. (20 USC §7151(b)(1))
  9. The LEA will submit on a format to be designated by the state educational agency and included in the Consolidated Application, the information that the state requires to complete federal reporting requirements on the number of students annually expelled from school for possession of firearms. (20 USC §7151)

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