Neglected or DelinquentChildren in a local institution for neglected children and youth or who are attending a community day program for such children are eligible for Title I, Part D services.
Title I, Part D, Subpart 2, Neglected or Delinquent
Elementary and Secondary Education Act (ESEA), Title I, Part D, Neglected or Delinquent
The Neglected and Delinquent Program under Part D of the ESEA consists of two subparts. Subpart 1 is the State Agency (SA) Neglected and Delinquent formula grant program; Subpart 2 is the Local Educational Agency (LEA) program.
Each LEA receiving assistance under Title I, Part D, Subpart 2, submits to the state educational agency (SEA) a description of how participating schools will coordinate with facilities working with delinquent children and youth to ensure that such children and youth are participating in an education program comparable to one operating in the local school such youth would attend. [Section1423(3)]
Each State shall retain, for the purpose of carrying out Subpart 2, funds generated throughout the State under Part A of this title based on children and youth residing in local correctional facilities, or attending community day programs for delinquent children and youth. [Section 1402]
Purpose of Title I, Part D
The purpose of this subpart is to support the operation of LEA programs that involve collaboration with locally operated correctional facilities [Section 1421(1)-(3)]:
- To carry out high quality education programs to prepare children and youth for secondary school completion, training, employment, or further education;
- To provide activities to facilitate the transition of such children and youth from the correctional program to further education or employment;
- To operate programs in local schools for children and youth returning from correctional facilities, and programs which may serve at-risk children and youth.
The allocation of Title I, Part D, funds comes with requirements and responsibilities on behalf of the LEAs. The LEAs that conduct Title I, Part D, programs for children and youth who are neglected, delinquent, or at-risk are required to:
- Ensure that educational programs in the correctional facility are related to assisting students to meet high academic achievement standards [Section 1425(6)];
- Describe how the school will coordinate existing educational programs to meet the unique educational needs of such children and youth [Section 1423(5)];
- Ensure that the children and youth in the local correctional facilities are participating in an education program that is comparable to the one the LEA operates in the school that such children and youth would otherwise attend; See Federal Non-Regulatory Guidance N-1, page 22 (PDF)
- Evaluate the program, disaggregating data on participation by gender, race, ethnicity, and age, not less than once every 3 years [Section 1431(a)];
- Use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth [Section 1431(d)(2)].
Each SA or LEA that conducts a program under Subpart 1 or 2 shall evaluate the program, disaggregating data on participation by gender, race, ethnicity, and age, not less than once every 3 years, to determine the program's impact on the ability of participants [Section 1431(a)(1-5)]:
- To maintain and improve educational achievement;
- To accrue school credits that meet State requirements for grade promotion and secondary school graduation;
- To make the transition to a regular program or other education program operated by a local educational agency;
- To complete secondary school (or secondary 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.
In conducting each evaluation, a SA or LEA shall use multiple and appropriate measures of student progress [Section 1431(5)(c)]; and use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth [Section 1431(d)(2)] .
Use of Funds
Federal Non-Regulatory Guidance O-1, page 24 (PDF) states that an LEA receiving Subpart 2 funds may use the funds to operate programs that involve collaboration with locally operated facilities with which the LEA has established formal agreements regarding the services to be provided:
- To carry out high-quality education programs that prepare children and youth to complete high school, enter training or employment programs, or further their education;
- To provide activities that facilitate the transition of such children and youth from the correctional program in an institution to further education or employment; and
- To operate dropout prevention programs in local schools for children and youth who are at-risk of dropping out or youth returning from correctional facilities.
Services to students at-risk of dropping out of school shall not have a negative impact on meeting the transitional and academic needs of the students returning from correctional facilities.
ESEA Section 1424(1-5) and Federal Non-Regulatory Guidance O-1, page 24 (PDF) state that funds allocated to LEAs under Title I, Part D, may be used, as appropriate, for:
- Programs that serve children and youth returning to local schools from correctional facilities, to assist in the transition of such children and youth to the school;
- Dropout prevention programs which serve at-risk children and youth transitioning to the school environment;
- Coordination of health and social services;
- Special programs to meet the unique academic needs of participating children and youth and assistance in securing student loans or grants for postsecondary education; and
- Programs providing mentoring and peer mediation.
Example of Allowable Expenditures
- Supplemental education staff and counselors [Section 1424(1)-(5)] and [Section 1425(1)-(11)];
- Supplemental educational materials such as books, computers, and visual aide equipment [Section 1425(7)];
- Classroom materials for industrial arts and vocational training [Section 1425(9)];
- Parent involvement [Section 1425(8)];
- Mentoring and tutoring [Section 1424 (5)];
- Transition services including drug and alcohol abuse counseling, tutoring, and family counseling [Section 1425(3)].
Federal Non-Regulatory Guidance M-4, page 22 (PDF) states that the SEA may reduce or terminate funds on the basis of the LEA’s inability to demonstrate student progress.
Title I, Part D, Subpart 1 and Subpart 2 funds are supplemental funds and, as such, supplanting these funds is not allowed. Further, since the funds received from the LEAs under Title I, Part D, Subpart 2, originate from Part A funds [Section 1402(b)], the funds are subject to the supplement requirements as set forth in [Section 1120A(b)(1)] because they are received “under this part” (i.e., they are derived from Part A funds).
ESEA, Title I, Part D Neglected or Delinquent and General Assurances
Title I, Part D General Assurances (PDF; Sep-2015)
Title I, Part D, Subpart 2
- Funding Results, FY 2013-14-Entitlements and Apportionments
- Funding Results, FY 2014-15-Entitlements and Apportionments
- Funding Results, FY 2015-16-Entitlements and Apportionments
Federal Non-Regulatory Guidance (PDF) The guidance 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.
Title I, Part D, Federal Program Monitoring (FPM) Instrument 2016-17 (PDF; Posted Jul-2016)
Title I, Part D, Subpart 2 Funding Description - Funding Description for FY 2015-16
Program Funding Information - Part A and D funding profiles and results
The National Evaluation and Technical Assistance Center for the Education of Youth Who Are Neglected, Delinquent, or At-Risk (NDTAC)
U.S. Department of Education Neglected and Delinquent Information
- Purpose and Program Description of Part D, Subpart 1, State Agency Neglected and Delinquent (N or D) program
Neglected or Delinquent - CalEdFacts
California Department of Education's information and media guide about education in the State of California. For information on other topics, visit the full CalEdFacts.