Planning a NCLB Title VA Program ODE April 2007

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1 This document is a companion piece to the Planning a NCLB Title VA Program power point. The NCLB Title VA text and USDE Guidance referencing the items in the power point are listed by page number with the citation from NCLB text and guidance. The complete NCLB text of Title VA and the entire USDE Title VA Guidance are on the ODE website, Title VA webpage, Parental Choice and Innovative Programs - Title VA, Power point Page numbers: 1. Cover page 2. Purpose of NCLB Title VA NCLB Title VA SEC 5101 PURPOSES, STATE AND LOCAL RESPONSIBILITY (a) PURPOSES- The purposes of this part are the following: (1) To support local education reform efforts that are consistent with and support statewide education reform efforts. (2) To provide funding to enable State educational agencies and local educational agencies to implement promising educational reform programs and school improvement programs based on scientifically based research. (3) To provide a continuing source of innovation and educational improvement, including support programs to provide library services and instructional and media materials. (4) To meet the educational needs of all students, including at-risk youth. (5) To develop and implement education programs to improve school, student, and teacher performance, including professional development activities and class size reduction programs. USDE Guidance PURPOSE The No Child Left Behind Act (NCLB Act), Public Law , reauthorized former Title VI of the Elementary and Secondary Education Act of 1965 (ESEA), as Title V, Part A State Grants for Innovative Programs (Title V-A). Title V-A provides formula grants to State and local educational agencies (SEAs and LEAs) and is designed to increase the academic achievement of, and improve the quality of education for, all students. Under Title V-A, SEAs and LEAs may use funds in a variety of ways. The driving focus, however, is to increase student academic achievement. The statutory purposes of the program are: (1) To support local education reform efforts that are consistent with and support statewide education reform efforts. (2) To implement promising educational reform programs and school improvement programs based on scientifically based research. 1

2 (3) To provide a continuing source of innovation and educational improvement, including support for programs to provide library services and instructional and media materials. (4) To meet the educational needs of all students, including at-risk youth. (5) To develop and implement education programs to improve school, student, and teacher performance, including professional development activities and class size reduction programs. These purposes should serve as the starting point for SEAs and LEAs in designing and implementing programs under Title V-A. 3. Must Meet Statutory Requirements NCLB Title VA (b) REQUIREMENTS- The innovative assistance programs described in subsection (a) shall be (1) tied to promoting challenging academic achievement standards; (2) used to improve student academic achievement; and (3) part of an overall education reform strategy. The projects and activities that LEAs implement must meet three statutory requirements. They must be (1) tied to promoting challenging academic achievement standards, (2) used to improve student academic achievement, and (3) part of an overall education reform strategy. [Section 5131]. 4. Statutory Uses of Title VA Funds (a) (4) Promising education reform projects, including magnet schools. (19) Programs to establish smaller learning communities. (20) Activities that encourage and expand improvements throughout the area served by the local educational agency that are designed to advance student academic achievement. (22) Programs and activities that expand learning opportunities through best-practice models designed to improve classroom learning and teaching. (23) Programs to provide same-gender schools and classrooms (consistent with applicable law). (24) Service learning activities. (26) Programs that employ research-based cognitive and perceptual development approaches and rely on a diagnostic-prescriptive model to improve students' learning of academic content at the preschool, elementary, and secondary levels. Education Reform Promising education reform projects, including magnet schools [Section 5131(a)(4)]. 2

3 School improvement programs or activities under sections 1116 and 1117 of the ESEA [Section 5131(a)(9)]. Programs to establish smaller learning communities [Section 5131(a)(19)]. (For further guidance, see the Department s guidelines on the Smaller Learning Communities (SLC) program). Activities that encourage and expand improvements throughout the area served by the LEA that are designed to advance student academic achievement [Section 5131(a)(20)]. Programs and activities that expand learning opportunities through best-practice models designed to improve classroom learning and teaching [Section 5131(a)(22)]. Programs that employ research-based cognitive and perceptual development approaches and rely on a diagnostic-prescriptive model to improve students learning of academic content at the preschool, elementary, and secondary levels [Section 5131(a)(26)]. Supplemental educational services, as defined in section 1116(e) of the ESEA [Section 5131(a)(27)]. (For further guidance, see the Department s forthcoming regulations for the Title I, Part A program.) 5. Statutory Uses of Title VA Funds School Improvement -Included above in Education Reform and School Improvement 6. Statutory Uses of Title VA Funds - (a) Education Reform/School Improvement - Included above in Education Reform and School Improvement 7. Statutory Uses of Title VA Funds a. (1) Programs to recruit, train, and hire highly qualified teachers to reduce class size, especially in the early grades, and professional development activities carried out in accordance with title II, that give teachers, principals, and administrators the knowledge and skills to provide students with the opportunity to meet challenging State or local academic content standards and student academic achievement standards Teacher Quality, Professional Development, and Class-Size Reduction Programs to recruit, train, and hire highly qualified teachers to reduce class size, especially in the early grades, and professional development activities carried out in accordance with Title II of the ESEA, that give teachers, principals, and administrators the knowledge and skills to provide students with the opportunity to meet challenging State or local academic content standards and student academic achievement standards [Section 5131(a)(1)]. (For further guidance, see the Department s guidelines on the Title II, Part A program). 3

4 8. Statutory Uses of Title VA Funds (a) (8) The planning, design, and initial implementation of charter schools as described in part B. (12) Activities to promote, implement, or expand public school choice. (25) School safety programs, including programs to implement the policy described in section 9507 and which may include payment of reasonable transportation costs and tuition costs for such students. Parental Options The planning, design, and initial implementation of charter schools as described in Part B of Title V of the ESEA [Section 5131(a)(8)]. Activities to promote, implement, or expand public school choice [Section 5131(a)(12)]. Programs to provide same-gender schools and classrooms (consistent with applicable law and the Department s guidelines on Single Sex Classes and Schools, attached as an appendix to this Guidance) [Section 5131(a)(23)]. School safety programs, including programs to implement the unsafe school choice policy described in section 9532 of the ESEA, and that may include payment of reasonable transportation costs and tuition costs for students who transfer to a different school under the policy [Section 5131(a)(25)]. 9. Statutory Uses of Title VA Funds (a) (2) Technology activities related to the implementation of school-based reform efforts, including professional development to assist teachers and other school personnel (including school library media personnel) regarding how to use technology effectively in the classrooms and the school library media centers involved. (3) Programs for the development or acquisition and use of instructional and educational materials, including library services and materials (including media materials), academic assessments, reference materials, computer software and hardware for instructional use, and other curricular materials that are tied to high academic standards, that will be used to improve student academic achievement, and that are part of an overall education reform program. Technology and Educational Materials Technology activities related to the implementation of school-based reform programs, including professional development to assist teachers and other school personnel (including school library media personnel) regarding how to use technology effectively in the classrooms and the school library media centers involved [Section 5131(a)(2)]. Programs for the development or acquisition and use of instructional and educational materials, including library services and materials (including media materials), academic assessments, reference materials, computer software and hardware for instructional use, and other curricular materials that are tied to high 4

5 academic standards, that will be used to improve student achievement, and that are part of an overall education reform program [Section 5131(a)(3)]. 10. Statutory Uses of Title VA Funds (5) Programs to improve the academic achievement of educationally disadvantaged elementary school and secondary school students, including activities to prevent students from dropping out of school. (7) Programs to provide for the educational needs of gifted and talented children. Students with Special Needs Programs to improve the academic achievement of educationally disadvantaged elementary and secondary school students, including activities to prevent students from dropping out of school [Section 5131(a)(5)]. Programs to provide for the educational needs of gifted and talented children [Section 5131(a)(7)]. 11. Title VA and at risk students (15) Alternative educational programs for those students who have been expelled or suspended from their regular educational setting, including programs to assist students to reenter the regular educational setting upon return from treatment or alternative educational programs. Alternative educational programs for students who have been expelled or suspended from their regular educational setting, including programs to assist students to reenter the regular educational setting upon return from treatment or alternative educational programs [Section 5131(a)(15)]. 12. Title VA and at risk students (17) Academic intervention programs that are operated jointly with community-based organizations and that support academic enrichment, and counseling programs conducted during the school day (including during extended school day or extended school year programs), for students most at risk of not meeting challenging State academic achievement standards or not completing secondary school. 13. Statutory Uses of Title VA Funds Academic intervention programs Academic intervention programs that are operated jointly with community-based organizations and that support academic enrichment, and counseling programs conducted during the school day (including during extended school day or extended school year programs), for students most at risk of not meeting challenging State academic achievement standards or not completing secondary school [Section 5131(a)(17)]. 5

6 (6) Programs to improve the literacy skills of adults, especially the parents of children served by the local educational agency, including adult education and family literacy programs. (11) Activities to promote consumer, economic, and personal finance education, such as disseminating information on and encouraging use of the best practices for teaching the basic principles of economics and promoting the concept of achieving financial literacy through the teaching of personal financial management skills (including the basic principles involved with earning, spending, saving, and investing). (16) Programs to establish or enhance prekindergarten programs for children Literacy, Early Childhood Education, and Adult Education Programs to improve the literacy skills of adults, especially the parents of children served by the LEA, including adult education and family literacy programs [Section 5131(a)(6)]. Activities to promote consumer, economic, and personal finance education, such as disseminating information on and encouraging use of the best practices for teaching the basic principles of economics and promoting the concept of achieving financial literacy through the teaching of financial management skills (including the basic principles involved with earning, spending, saving, and investing) [Section 5131(a)(11)]. Activities to establish or enhance prekindergarten programs for children [Section 5131(a)(16)] Statutory Uses of Title VA Funds (10) Community service programs that use qualified school personnel to train and mobilize young people to measurably strengthen their communities through nonviolence, responsibility, compassion, respect, and moral courage. (21) Initiatives to generate, maintain, and strengthen parental and community involvement. Community Service and Community Involvement Community service programs that use qualified school personnel to train and mobilize young people to measurably strengthen their communities through nonviolence, responsibility, compassion, respect, and moral courage [Section 5131(a)(10)]. Initiatives to generate, maintain, and strengthen parental and community involvement [Section 5131(a)(21)]. Service learning activities [Section 5131(a)(24)]. 15. Statutory Uses of Title VA Funds (13) Programs to hire and support school nurses. 6

7 (14) Expansion and improvement of school-based mental health services, including early identification of drug use and violence, assessment, and direct individual or group counseling services provided to students, parents, and school personnel by qualified school-based mental health services personnel. (18) Programs for cardiopulmonary resuscitation (CPR) training in schools. Health Services Programs to hire and support school nurses [Section 5131(a)(13)]. Expansion and improvement of school-based mental health services, including early identification of drug use and violence, assessment, and direct individual or group counseling services provided to students, parents, and school personnel by qualified school-based mental health services personnel [Section 5131(a)(14)]. Programs for cardiopulmonary resuscitation (CPR) training in schools [Section 5131(a)(18)]. 16. NCLB Title VA application requirements 17. (Continuous Improvement Plan and Budget Narrative Spending Workbook) Title V-A application must include the following information: 1. A description of locally identified needs relative to the purposes of Title V-A and to the programs that the LEAs may carry out under one or more of the innovative assistance program areas (see question E-1). 2. A statement that sets forth the LEA s planned allocation of funds, based on the identified needs among the innovative assistance program areas, a description of the programs that the LEA intends to support, and a description of the reasons for the selection of these programs. 3. Information setting forth the allocation of funds required to provide equitable services to students in private, nonprofit schools under section A description of how the Title V-A funds will contribute to improving student academic achievement or improving the quality of education for students. 5. An assurance that the LEA will comply with the requirements of Title V-A, including the requirements of section 5142 concerning the participation of children enrolled in private, nonprofit schools. 6. An assurance that the LEA will keep such records, and provide such information to the SEA, as may be reasonably required for fiscal audit and program evaluation (consistent with the responsibilities of the SEA under the program). 7. A provision, in the allocation of funds and in the planning, design, and implementation of innovative assistance programs, for systematic consultation with parents of children attending elementary schools and secondary schools in the area served by the LEA, with teachers and administrative personnel in such schools, and with such other groups involved in the implementation of Title V-A (such as librarians, school counselors, and other pupil services personnel) as may be considered appropriate by the LEA. 8. An assurance that the LEA will evaluate its Title V-A programs annually; that it will use the evaluation to make decisions about appropriate changes in programs 7

8 for the subsequent year; that the evaluation will describe how use of Title V-A funds affected student academic achievement and will include, at a minimum, information and data on the use of funds, the types of services furnished, and the students served under this part; and that the LEA will submit the evaluation to the SEA in the time and manner requested by the SEA. 9. A description of how the LEA will comply with the Department s guidelines regarding same-gender schools and classrooms, if the LEA plans to carry out a program that involves providing same-gender schools and classrooms. 10. LEAs must identify and describe local needs relative to the purposes of authorized programs of Title V-A, must base their allocation of funds among the different innovative assistance program areas on those identified needs, and must provide an assurance that they will conduct an annual local evaluation of the programs that they implement using Title V-A funds. LEAs have the flexibility to determine which innovative program areas will best assist them in meeting those needs and to design good programs that are targeted toward those needs, and that will help increase student academic achievement or the quality of education. 18. NCLB Title VA application Requirements USDE Guidance section H. FISCAL REQUIREMENTS Section 5144 provides that Title V-A funds shall be used to supplement, and not supplant, any other Federal, State, or local education funds. The ability of an SEA or LEA to use Title V-A funds to carry out activities required by a State-mandated program depends upon whether non-federal funds are already available to carry out activities under the State-mandated plan. Presumably, in the absence of Title V-A funds, the SEA or LEA would use State or local funds to carry out a State-mandated plan. To use Title V-A funds in connection with that plan would therefore violate the supplement, not supplant requirement. However, in certain instances, an SEA or LEA may overcome the presumption that supplanting will result if Title V-A funds are used in connection with a State-mandated program or activity. In those instances, the SEA or LEA should be able to demonstrate through written documentation (e.g., State or local legislative action, budget information, or other materials) that it does not have the funds necessary to implement the program or activity and that the program or activity would not be carried out in the absence of the Title V-A funds. In general, an SEA or LEA should determine what educational activities it would support if no Title V-A funds were available. If the result of this determination is that no State or local funds remain available to fund certain activities that are supplemental in nature, then the SEA or LEA may be able to use Title V-A funds for those activities. In no event, however, may an SEA or LEA decrease State or local funds for particular activities because Title V-A funds are available. 19. Supplement not Supplant USDE Guidance section H. FISCAL REQUIREMENTS In general, an SEA or LEA should determine what educational activities it would support if no Title V-A funds were available. If the result of this determination is that no State or 8

9 local funds remain available to fund certain activities that are supplemental in nature, then the SEA or LEA may be able to use Title V-A funds for those activities. In no event, however, may an SEA or LEA decrease State or local funds for particular activities because Title V-A funds are available. 20. Title VA and the CIP CIP Guidance: Writing the Continuous Improvement Plan What Sections Must the CIP Contain? D. Self-Evaluation Summary Answers the question: Where are we now? What are our needs? Tools needed: Oregon Education Performance Standards and related data Results of data analysis and needs assessments Standards for District Success 21. Title VA and the CIP CIP Guidance: Writing the Continuous Improvement Plan E. Action Plan Answers the questions: How are we going to get there? How will we know when we get there? Action plans show in detail with concise statements under each improvement goal, what measurable steps will be taken to accomplish the individual improvement goal. An action plan is developed for each goal stating: The stated goal Evidence of Implementation (Monitoring Outcomes) Evidence of Impact (the evaluation of effectiveness of the strategy in producing the desired change Strategy, program, practice to be implemented The person(s) responsible for implementation A timeline for implementation The cost of the implementation The resource(s) to be used to implement the action The planning team needs to have a clear idea of all available resources for implementation of the plan. State, local, federal and community resources should all be considered and coordinated in supporting the strategies. The planning team must also understand the purposes for which each funding source can be used. 22. Title VA and the CIP Meeting Title VA requirements See LEA Uses of Funds above 9

10 23. Title VA and Schools in Improvement Status (9) School improvement programs or activities under sections 1116 and (27) Supplemental educational services, as defined in section 1116(e). 24. Participation of Children Attending Private non profit schools USDE Guidance F. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE, NONPROFIT SCHOOLS An LEA must provide Title V-A services to children enrolled in a private, nonprofit school within the LEA if, after consultation with private school officials, the officials of the private school indicate that they wish the children in that school to participate. The LEA must contact the private schools within the LEA annually to determine which schools wish their children to participate. The LEA must consult with the officials of interested private schools in a timely and meaningful manner to determine the needs of the children, the types of Title V-A services that will be provided, and how those services will be provided. The LEA provides those services on an equitable basis to those children whether or not the services are the same Title V-A services the LEA provides to the public school children. The expenditures for such services, however, shall be equal (consistent with the number of children served) to Title V-A services provided to public school children. 25. Participation of Children Attending Private non profit schools An LEA must provide Title V-A services to children enrolled in a private, nonprofit school within the LEA if, after consultation with private school officials, the officials of the private school indicate that they wish the children in that school to participate. 26. Participation of Children Attending Private non profit schools Consultation The LEA must contact the private schools within the LEA annually to determine which schools wish their children to participate. The LEA must consult with the officials of interested private schools in a timely and meaningful manner to determine the needs of the children, the types of Title V-A services that will be provided, and how those services will be provided. 10

11 27. Participation of Children Attending Private non profit schools Equitable services The LEA provides those services on an equitable basis to those children whether or not the services are the same Title V-A services the LEA provides to the public school children. The expenditures for such services, however, shall be equal (consistent with the number of children served) to Title V-A services provided to public school children. The LEA provides those services on an equitable basis to those children whether or not the services are the same Title V-A services the LEA provides to the public school children. The expenditures for such services, however, shall be equal (consistent with the number of children served) to Title V-A services provided to public school children. Title VA 5142 (a) PARTICIPATION ON EQUITABLE BASIS- (1) IN GENERAL To the extent consistent with the number of children in the school district of a local educational agency that is eligible to receive funds under this part, or that serves the area in which a program assisted under this part is located, who are enrolled in private nonprofit elementary schools and secondary schools, or, with respect to instructional or personnel training programs funded by the State educational agency from funds made available for State educational agency use, the local educational agency, after consultation with appropriate private school officials (A) shall provide, as may be necessary, for the benefit of such children in such schools (i) secular, neutral, and nonideological services, materials, and equipment, including the participation of the teachers of such children (and other educational personnel serving such children) in training programs; and (ii) the repair, minor remodeling, or construction of public facilities (consistent with subsection (c)); or (B) if such services, materials, and equipment are not feasible or necessary in one or more such private schools, as determined by the local educational agency after consultation with the appropriate private school officials, shall provide such other arrangements as will assure equitable participation of such children in the purposes and benefits of this part. 28. Participation of Children Attending Private non profit schools NCLB Title VA C (2) PROVISION OF SERVICES- Services provided under this part shall be provided by employees of a public agency or through contract by such a public agency with a person, association, agency, or corporation that, in the provision of such services, is independent of the private school and of any religious organizations, and such employment or contract shall be under the control and supervision of such a public agency. The funds provided under this part shall not be commingled with State or local funds. Services provided by contractor or by district Any contractor must be a person or an association, agency, or corporation who or that, in the provision of the Title V-A services, is independent of the private school and any 11

12 religious organization. A public agency must supervise and have ultimate control over any contractor hired to provide Title V-A services. 29. Participation of Children Attending Private non profit schools Funding administration of Title VA LEAs pay the cost of administering Title V-A services for public and private school students off the top of their allocations, before calculating how much of the Title V-A funds are to be made available for services for public and private school students. [Section 5142(a) and (b)]. 30. Participation of Children Attending Private non profit schools NCLB Title VA 5142 (c) ADMINISTRATIVE REQUIREMENTS- (1) FUNDS AND PROPERTY- The control of funds provided under this part, and title to materials, equipment, and property repaired, remodeled, or constructed with such funds, shall be in a public agency for the uses and purposes provided in this part, and a public agency shall administer such funds and property. District Administration Requirements. The LEA also should perform periodic on-site monitoring of the use of the equipment and materials. The monitoring could include on-the-spot checks of the use of the equipment and materials, discussions with private school officials, and a review of any logs maintained. The control of Title V-A funds and the title to any equipment and materials purchased with those funds must remain in a public agency (usually the LEA). No Title V-A funds may be paid to any private school, and the title to equipment and materials may not be transferred to any private school. Title V-A services must be provided by a public agency either directly or through a contractor. 31. Participation of Children Attending Private non profit schools District Administration Requirements The services, materials, and equipment that an LEA provides for the benefit of participating private school students must be secular, neutral, and nonideological The LEA should mark all equipment and materials purchased with Title V-A funds so that they are clearly identifiable as Title V-A property of the LEA. The LEA also should maintain an up-to-date inventory of all Title V-A equipment and materials provided for the benefit of private school students. It is also a helpful practice for private schools to maintain logs to document the use of Title V-A equipment and materials located in their schools. 32. Participation of Children Attending Private non profit schools The LEA should designate one public school official to oversee Title V-A services for private school students and ensure that services, materials and equipment provided for 12

13 these students are secular, neutral, and nonideological. The designated official also should be responsible for receiving and handling any complaints or allegations that Title V-A funds are being used for improper activities for private school students. LEAs need to ensure that if any violations occur, they are corrected at once. An LEA must remove materials and equipment from a private school immediately if removal is needed to avoid an unauthorized use. 33. Participation of Children Attending Private non profit schools Private school officials should be fully informed of and agree to the limitations on the use of any equipment and materials located in the private school. LEAs should obtain from the appropriate private school official a written assurance that any equipment and materials placed in the private school will be used only for secular, neutral, and nonideological purposes; that private school personnel will be informed as to these limitations; and that the equipment and materials will supplement, and in no case supplant, the equipment and materials that, in the absence of the Title V-A program, would have been made available for the participating students. 13