Title I, Part D, Subpart 1To support the public education and successful transition for children and adults in institutions for neglected and delinquent children and youth attending a community day program or in an adult correctional facility operated by a State Agency (SA).
The Neglected and Delinquent Program under Title I, Part D of the Elementary and Secondary Education Act, as reauthorized by the Every Student Succeeds Act (ESSA) consists of two subparts. Subpart 1 is the SA Neglected and Delinquent formula grant program; Subpart 2 is the local educational agency (LEA) program.
The State Educational Agency (SEA) receives formula funds based on the number of children in State-operated institutions and per-pupil educational expenditures. Each state's allocation is generated by child counts in State juvenile institutions that provide at least 20 hours of instruction from non-federal funds and adults in correctional institutions that provide 15 hours of instruction a week. The SEA then makes subgrants to SAs based on their proportional share of the State's adjusted count of neglected or delinquent children and youth.
The SA Application for the Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk grant, also known as the Title I, Part D, Subpart 1 program, is available to any California SA that is responsible for providing free public education for children and youth that are:
- In institutions for neglected or delinquent children and youth;
- Attending community day programs for neglected or delinquent children and youth; or
- In adult correctional institutions.
According to the ESSA Section 1401(a), the purposes of Title I, Part D, Subpart 1 is to:
- Improve educational services for children and youth in local and tribal State institutions for neglected or delinquent children and youth so that such children and youth have the opportunity to meet the same challenging State academic standards that all children in the State are expected to meet;
- Provide such children and youth with the services needed to make a successful transition from institutionalization to further schooling or employment; and
- Prevent at-risk youth from dropping out of school, and to provide dropouts, and children and youth returning from correctional facilities or institutions for neglected or delinquent children and youth, with a support system to ensure their continued education and the involvement of their families and communities.
The ESSA Section 1415, et al., provides how funds are to be used to increase academic performance in school and services for successful transition. The use of Title I, Part D, Subpart 1 funds shall concentrate on providing participants with the knowledge and skills needed to make a successful transition to secondary school completion, career and technical education, further education, or employment. If the SA operates a program under Title I, Part D, Subpart 1, and the individual children or youth are likely to participate in more than one year, the SEA may approve the SA’s application for a period of not more than three years.
Under the ESSA Section 1418, the SAs awarded Title I, Part D, Subpart 1 funds must reserve for transition not less than 15 percent and not more than 30 percent of the Part D allocation for each fiscal year to support:
- Projects that facilitate the transition of students between state-operated institutions and schools served by LEAs or;
- The successful reentry of youth offenders who are age 20 or younger and have received a regular high school diploma into postsecondary education or career and technical training program.
Title I, Part D, Subpart 1 programs must provide educational services that are designed to support:
- Children and youth identified by the SA as failing, or most at-risk of failing, to meet the State's challenging academic content standards and student academic achievement standards;
- The improvement and quality of the educational services provided to such children and youth by the SA; and
- Children and youth by providing an opportunity to meet challenging State academic achievement standards.
Title I, Part D grant recipients are required to submit the Annual Report of Children in Institutions for Neglected or Delinquent Children, Adult Correctional Institutions, and Community Day Programs for Neglected or Delinquent Children (Annual Child Count). The purpose of this annual report is to provide the U.S. Department of Education (ED) with required student count data. Student count data is used by ED in the computation of grants to SAs responsible for providing free public education for children in institutions or community day programs for neglected or delinquent children. All forms will be emailed out the SA coordinators and returned via email to Sherry D. Davis, Ed.D., Education Programs Consultant, at SDavis@cde.ca.gov on or before November 5 each year.
Per the ESSA Section 1431, each Title I, Part D grant recipient that conducts a program under Subpart 1 or Subpart 2 shall evaluate the program not less than once every three years to determine, in part, the program’s impact on the participant’s ability to:
- Maintain and improve education achievement and graduate from high school in the number of years established by the State;
- Accrue school credits that meet State requirement for grade promotion and high school graduation;
- Make the transition to a regular program or other education program operated by an LEA or school operated or funded by the Bureau of Indian Education;
- Complete high school (or high school equivalency requirements) and obtain employment after leaving the correctional facility or institution for neglected or delinquent children and youth; and,
- As appropriate, to participate in postsecondary education and job training programs.
20 United States Code (U.S.C.) Section 6435:
An SA shall use funds received under this part only for programs and projects that:
- Are consistent with the State plan under Section 6434(a) of this Title; and
- Concentrate on providing participants with the knowledge and skills needed to make a successful transition to secondary school completion, career and technical education, further education, or employment.
Programs and Projects:
The following programs and projects are allowable and may include:
- The acquisition of equipment;
- Pay-for-success initiatives; or
- Providing targeted services for youth who have come in contact with both the child welfare system and juvenile justice system.
The following programs and projects are required and shall be designed to support educational services that:
- Except for institution-wide projects under Section 6436 of this Title, are provided to children and youth identified by the SA as failing, or most at-risk of failing, to meet the challenging State academic standards;
- Respond to the educational needs of such children and youth, including by supplementing and improving the quality of the educational services provided to such children and youth by the SA;
- Afford such children and youth an opportunity to meet challenging State academic standards; and
- Shall be carried out in a manner consistent with Section 6321 of this Title, and Part F (as applied to programs and projects under this part).
An SA that provides free public education for children and youth in an institution for neglected or delinquent children and youth (other than an adult correctional institution) or attending a community-day program for such children and youth may use funds received under this subpart to serve all children in, and upgrade the entire educational effort of, that institution or program if the SA has developed, and the SEA has approved, a comprehensive plan for that institution or program that includes the following:
- Provides for a comprehensive assessment of the educational needs of all children and youth in the institution or program serving juveniles;
- Provides for a comprehensive assessment of the educational needs of youth aged 20 and younger in adult facilities who are expected to complete incarceration within a two-year period;
- Describes the steps the SA has taken, or will take, to provide all children and youth under age two with the opportunity to meet challenging State academic standards in order to improve the likelihood that the children and youth will attain a regular high school diploma or its recognized equivalent, or find employment after leaving the institution;
- Describes the instructional program, specialized instructional support services, and procedures that will be used to meet the needs described in paragraph 1, including, to the extent feasible, the provision of mentors for the children and youth described in paragraph 1, and how relevant and appropriate academic records and plans regarding the continuation of educational services for such children or youth are shared jointly between the SA operating the institution or program and LEA in order to facilitate the transition of such children and youth between the LEA and the SA;
- Specifically describes how such funds will be used;
- Describes the measures and procedures that will be used to assess and improve student achievement;
- Describes how the agency has planned, and will implement and evaluate, the institution-wide or program-wide project in consultation with personnel providing direct instructional services and support services in institutions or community-day programs for neglected or delinquent children and youth, and with personnel from the SEA; and
- Includes an assurance that the SA has provided for appropriate training for teachers and other instructional and administrative personnel to enable such teachers and personnel to carry out the project effectively.
Each SA shall reserve not less than 15 percent and not more than 30 percent for the amount such agency receives under this subpart for any fiscal year to support the following:
- Projects that facilitate the transition of children and youth between State-operated institutions, or institutions in the State operated by the Secretary of Interior, and schools served by LEAs or schools operated or funded by the Bureau of Indian Education; or
- The successful reentry of youth offenders, who are age 20 or younger and have received a regular high school diploma or its recognized equivalent, into postsecondary education, or career and technical training programs, through strategies designed to expose the youth to, and prepare the youth for, postsecondary education, or career and technical training programs, such as:
- Preplacement programs that allow adjudicated or incarcerated youth to audit or attend courses on college, university, or community college campuses, or through programs provided in institutional settings;
- Worksite schools, in which institutions of higher education and private or public employers' partner to create programs to help students make a successful transition to postsecondary education and employment; and
- Essential support services to ensure the success of the youth, such as:
- Personal, career and technical, and academic, counseling;
- Placement services designed to place the youth in a university, college, or community/junior college program;
- Information concerning, and assistance in obtaining, available student financial aid;
- Counseling services; and
- Job placement services.
In the ESSA Section 1431 (20 U.S.C. 6471) each SA and LEA that conducts a program under subparts 1 or 2 shall evaluate their program by disaggregating data on participation of students by gender, race, ethnicity, and age while protecting individual student privacy, no less than every three years.
The California Department of Education (CDE) is making this an annual program evaluation using the three-year historical data reported to the CDE to determine the programs' impact on the ability of the participants to:
- Maintain and improve educational achievement and to graduate from high school in the number of years established by the State under either the four-year adjusted cohort graduation rate or the extended year adjusted cohort graduation rate, if applicable;
- Accrue school credits that meet State requirements for grade promotion and high school graduation;
- Make the transition to a regular program or other educational program operated by a LEA or school operated or funded by the Bureau of Indian Education;
- Complete high school (or high school equivalency requirements) and obtain employment after leaving the correctional facility or institution for neglected or delinquent children and youth; and
- As appropriate, to participate in postsecondary education and job training programs.
Evaluations will be sent to the CDE annually for review and evaluate the results of this section and plan to improve, enhance and expand opportunities for the students served in the neglected or delinquent eligible programs, facilities, or institutions. The template can be found on the sample templates and resources tab.
The CDE has designed sample templates that meet the minimum compliance requirements with the following for LEAs and SAs to use or guide them while making their own templates for use of Federal funds with Historical Equipment Inventory, and Year-to-Year Program Evaluation Reports.
- Historical Title I, Part D Inventory Template (XLSX)
This is a template that LEAs and SAs can use to upload for this instrument review item that has all the Federal and State regulations that must be continuously updated and verified for all categorically funded equipment.
- Annual Program Evaluation.
This is a template (XLSX) that LEAs and SAs should use to conduct their Year-to-Year Program Evaluation, using the annual data reported to the CDE on Academic Performance and Outcomes for the students being served with Title I, Part D funds. Due annually on December 15 via email to Sherry D. Davis, Ed.D., Education Programs Consultant at SDavis@cde.ca.gov.
ESSA Title I Part D — Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk
The Office of Elementary and Secondary Education Title I, Part D web page.
Federal Non-Regulatory Guidance (DOC)
Guidance from ED that describes the requirements of the Subpart 1 SA and Subpart 2 LEA programs, and the evaluation requirements in Subpart 3. The guidance also provides suggestions for addressing many of these requirements.
The National Evaluation and Technical Assistance Center (NDTAC)
The NDTAC is the national technical assistance provider to States and those who support or provide education to youth who are neglected or delinquent.
What is Title I, Part D?
NDTAC web page explaining what Title I, Part D is.
Use of Funds for Transition Services Guidance. To request a copy of the PDF, email Sherry D. Davis, Ed.D., Education Programs Consultant at SDavis@cde.ca.gov.
Definitions of Title I, Part D Neglected, Delinquent, and At-Risk Programs.
Neglected or Delinquent Program definitions as outlined by ED have recently been updated, and a copy of the PDF can be requested by sending an email to Sherry D. Davis, Ed.D., Education Programs Consultant at SDavis@cde.ca.gov.
Office of Justice Programs (OJJP)
OJJP supports local and state efforts to prevent delinquency and improve the juvenile justice system.
Web page to the Coordinating Council on Juvenile Justice and Delinquency Prevention (The Council). The Council examines how federal juvenile delinquency programs and other federal programs and activities can be coordinated among federal, state, and local governments to better serve at-risk children and juveniles. The Council makes recommendations to the President, and to the Congress, at least annually.
California Board of State and Community Corrections (BSCC)
The BSCC provides services to the county adult and juvenile systems through inspections of county jails and juvenile detention facilities, technical assistance on local issues, promulgation of regulations, training standards for local correctional staff, and the administration of a wide range of public safety, re-entry, violence reduction, and rehabilitative grants to state and local governments and community-based organizations.
California County Superintendent Educational Services Association (CCSESA). CCSESA was formed to promote, influence, and advocate for an educational system that supports all students.
Rising Scholars Network
The California Community Colleges are committed to serving students who have been impacted by the criminal justice system. Colleges supporting these students proudly form the Rising Scholars Network. Students who have experienced the criminal justice system can face significant barriers to academic and career success. The California Community Colleges welcome all students, including those who are incarcerated and those who have experienced incarceration in the past. Colleges with programs for incarcerated and formerly incarcerated students proudly form the Rising Scholars Network.
Juvenile Court, Community, and Alternative School Administrators of California (JCCASAC). JCCASAC is a committee of educational administrators and directors dedicated to preparing students who are enrolled in county alternative education programs to become self-sufficient adults who lead healthy lifestyles, and are competent, caring, and academically prepared for their future.
Technical Assistance and Contacts
Questions about Title I, Part D Subpart 1 and 2 Assistance, Compliance, and Grant Programs:
Sherry D. Davis, Ed.D., Education Programs Consultant, SDavis@cde.ca.gov.
School Fiscal Services (Allocations):
Waqas Sher, WSher@cde.ca.gov.