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
The Neglected and Delinquent Program under 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 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 (ESSA Section 1423).
Each State shall retain, for the purpose of carrying out Subpart 2, funds generated throughout the State under Title I, Part A based on children and youth residing in local correctional facilities, or attending community day programs for delinquent children and youth (ESSA Section 1402).
Purpose of Title I, Part D
The purpose of Subpart 2 is to support the operation of LEA programs that involve collaboration with locally operated correctional facilities (ESSA Section 1421-):
- 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 (ESSA Section 1425);
- Describe how the school will coordinate existing educational programs to meet the unique educational needs of such children and youth (ESSA Section 1423);
- 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;
- Evaluate the program, disaggregating data on participation by gender, race, ethnicity, and age, not less than once every 3 years (ESSA Section 1431[a]);
- Use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth (ESSA Section 1431[d]).
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 (ESSA 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 an LEA;
- 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 (ESSA Section 1431[c]); and use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth (ESSA Section 1431[d]).
Use of Funds
The California Department of Education (CDE) recommends that the SA and LEAs receiving Title I, Part D funds to consider general criteria when approving activities or expenditures. Information on authorized use of funds is located on the Title I, Part A Authorized Use of Funds web page.
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 (ESSA Section 1402[b]), the funds are subject to the supplement requirements as set forth in (ESSA Section 1120A[b]) because they are received “under this part” (i.e., they are derived from Part A funds).
Information is provided about Title I entitlements:
Title I, Part D Local Educational Agency (LEA) Applications - Each LEA desiring assistance under this subpart shall submit an application to the State educational agency (SEA) that contains such information as the SEA may require.
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, Subpart 2 Federal Program Monitoring (FPM) Instrument may be located at the 2018-19 Cycle A and C Program Instruments web page.
The National Evaluation and Technical Assistance Center for the Education of Youth Who Are Neglected, Delinquent, or At-Risk (NDTAC)
Title I Monitoring and Support - Federal and state laws require the California Department of Education to monitor implementation of Title I, Part A and Title I, Part D programs operated by local educational agencies.