U. S. Department of Education Office of Career, Technical, and Adult Education Division of Academic and Technical Education

Transcription

1 A. Eligibility U. S. Department of Education Office of Career, Technical, and Adult Education Division of Academic and Technical Education Frequently Asked Questions (FAQs) Regarding The Juvenile Justice Reentry Education Program: Opening Doors to College and Careers through Career and Technical Education CFDA A A.1. Who are eligible applicants under this program? The Notice Inviting Applications for the Juvenile Justice Reentry Education Program published in the Federal Register on August 31, 2015, (80 FR 52459) (August 31 NIA) defines eligible applicants as the entities that are eligible to receive funds under the Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV). as -- (a) eligible agencies under section 3(12) of Perkins IV, defined as a State board designated or created consistent with State law as the sole State agency responsible for the administration of career and technical education (CTE) in the State or for the supervision of the administration of CTE in the State; and (b) eligible recipients under section 3(14) of Perkins IV, defined as (1) a local educational agency (LEA) (including a public charter school that operates as an LEA), an area CTE school, an educational service agency, or a consortium, eligible to receive assistance under section 131 of the Act; or (2) an eligible institution or consortium of eligible institutions eligible to receive assistance under section 132 of the Act. Section 3(13) of Perkins IV defines eligible institution as (a) a public or nonprofit private institution of higher education that offers CTE courses that lead to technical skill proficiency, an industry-recognized credential, a certificate, or a degree; (b) an LEA providing education at the postsecondary level; (c) an area CTE school providing education at the postsecondary level; (d) a postsecondary educational institution controlled by the Bureau of Indian Affairs or operated by or on behalf of any Indian tribe that is eligible to contract with the Secretary of the Interior for the administration of programs under the Indian Self-Determination and Education Assistance Act or the Act of April 16, 1934; (e) an educational service agency; or (f) a consortium of two or more of the entities described in (a) through (e). A.2. What is a local educational agency? Under section 3(19) of Perkins IV, the definition of LEA is the same as the definition in section 9101(26) of the Elementary and Secondary Education Act of 1965 (ESEA). The ESEA defines an LEA as a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools. 1

2 A.3. What is an educational service agency? Under section 3(11) of Perkins IV, an educational service agency (ESA) has the same meaning given in section 9101(17) of the ESEA. The ESEA defines an ESA as a regional public multiservice agency authorized by State statute to develop, manage, and provide services or programs to local educational agencies. A.4. What is a workforce development agency? Absolute Priority 3--Partnerships in the August 31 NIA requires applicants to partner with a workforce development agency. The Department did not specifically define workforce development agency. Therefore, an applicant could describe how its proposed workforce partner meets this partnership requirement. For example, at the State level, a workforce development agency could be the State agency responsible for administering programs authorized under the Workforce Investment Opportunity Act (WIOA) or other workforce programs. At the local level, it could be a local or regional governmental agency or workforce development board. Eligible applicants should describe the proposed partner s role in workforce development that would support a determination that the applicant is meeting Absolute Priority 3 and partnering with a workforce development agency. A.5. Is a 2-year college an eligible applicant? If a 2-year college meets the definition of an eligible institution under section 3(13) of Perkins IV, then it is an eligible applicant. As stated above, under section 3(13)(A) of Perkins IV, an eligible institution is, a public or nonprofit private institution of higher education that offers CTE courses that lead to technical skill proficiency, an industry-recognized credential, a certificate, or a degree. A.6. Is a State university an eligible applicant? If a State university meets the definition of eligible institution under section 3(13)(A) of Perkins IV, then it is an eligible applicant. Under section 3(13)(A) of Perkins IV, an eligible institution is, a public or nonprofit private institution of higher education that offers CTE courses that lead to technical skill proficiency, an industry-recognized credential, a certificate, or a degree. Furthermore, the State university must ensure that its proposed program also meets the definition of CTE in section 3(5)(A)(ii) of Perkins IV which among other requirements defines CTE as, organized educational activities that offer a sequence of courses that provides technical skill proficiency, an industry-recognized credential, a certificate, or an associate degree. A.7. Is a community-based organization an eligible applicant? No. A community-based organization is not an eligible applicant because it does not meet the definition of a Perkins IV eligible agency under section 3(12) of Perkins IV, nor the definition of an eligible recipient under section 3(14) of Perkins IV. 2

3 A.8. Is a high school that provides career technical education an eligible applicant? A high school that provides CTE may be an eligible applicant if it meets the definition of eligible recipient. A high school that offers CTE programs is an eligible applicant if: (1) it is a public charter school that operates as a local educational agency; or (2) it is an area CTE school, in accordance with section 3(14)(A) of Perkins IV and as defined in section 3(3) of Perkins IV. If the high school is not one of these two types of entities, then the school district in which the high school resides, as the LEA, would be the eligible applicant. A.9. Could the Perkins eligible State agency designate a different agency to submit the application? No. In accordance with the August 31 NIA, the only eligible applicants under the Juvenile Justice Reentry Career and Technical Education Program (JJ Reentry CTE Program) are entities that meet the definitions of Perkins IV eligible recipients, as discussed in question A.1. B. Partnerships B.1. Who are required partners under Absolute Priority 3--Partnerships? An eligible applicant is required to include at least one of each of the required partners listed in Absolute Priority 3 (a) (1) thru (4): a juvenile justice agency; an LEA; a postsecondary institution; and a workforce development agency. B.2. Could an eligible applicant also qualify as one of the required partners listed under Absolute Priority 3? Yes. For example, if the applicant is an LEA, it would satisfy the requirement that the partnership must include an LEA. Similarly, if the applicant is an eligible institution, it would satisfy the requirement that the partnership must include a postsecondary institution. It is incumbent on the applicant to explain how all of the partnership requirements have been met. B.3. Could a potential partner be a partner for more than one eligible applicant? Yes. A potential partner could agree to partner with more than one eligible applicant. B.4. If an eligible applicant submits the application on behalf of a partnership, but chooses to play a supporting role only and decides to NOT be the lead organization in the project, could another partner in the project be the lead in project implementation? Yes. However, if the application is selected for funding, the eligible applicant would receive the grant award, and would be held legally responsible for the grant and for ensuring that all grant terms and conditions are met and that funds are used properly. The onus is on the applicant to explain and justify the partner s lead role in implementing the project. 3

4 C. Project Design C.1. What is the anticipated start date of the project? We anticipate that awards will be made in January 2016, and that projects would begin shortly thereafter. C.2. Must programs and services begin in the facility versus waiting until youths are released to the community? Yes. Absolute Priority 1--Improving School Climate, Behavioral Supports, and Correctional Education in the August 31 NIA requires an applicant to propose a project designed to improve the quality of CTE programs in juvenile justice facilities (such as detention facilities and secure and non-secure placements) and support reentry after release, by linking the youths to education, wraparound services and youth centered job training programs. To meet this priority, programs and services must begin in the facility rather than waiting until youths are released to the community. C.3. Must CTE programs and services for confined youth be provided only at the residential facility? No. The purpose of the program is to improve the quality of CTE programs for juveniles in and exiting from juvenile justice confinement. Providing CTE programs outside of the facility for confined youth would be an acceptable strategy if the applicant can demonstrate that residents of the participating residential juvenile justice facility are able to leave the facility during the day to participate in CTE programs in the community. The onus would be on the applicant to explain how the CTE programs to be offered would meet Absolute Priority 1 and improve the quality of the CTE programs. C.4. Could transition and support services be provided to participating youth after they are released to the community? Yes. Applicants could propose to provide transition and support services as a way to meet Absolute Priority 1 in the August 31 NIA, which requires an applicant to propose a project designed to improve the quality of CTE programs in juvenile justice facilities (such as detention facilities and secure and nonsecure placements) and support reentry after release, by linking the youths to education, wraparound services and youth centered job training programs. C.5. Has the Department set any parameters (e.g., hours) on the structure of the course or course sequence for the CTE programs to be offered? No. However, the CTE programs to be provided under the JJ Reentry CTE Program must comply with the requirements established under Application Requirement (c) in the August 31 NIA: c) Applicants must describe how the CTE programs to be offered under the JJ Reentry CTE Program will: (1) Be supported by current labor market information; (2) Respond to employer needs; (3) Integrate general employability skills with career and technical instruction; (4) Provide career exploration, guidance, and planning; and (5) Lead to industry-recognized credentials that align with secondary and postsecondary CTE programs and/or other workforce training and employment opportunities post-release. 4

5 The onus would be on the applicant to explain how the CTE programs to be provided meet requirement (c) above and would improve the quality of the CTE programs. C.6. Is there a suggested number of participants to be served each year, or a total number to be served during the three-year grant period? No. The application requirements specify that the applicant must serve the residents of at least one residential juvenile justice facility. Other than that requirement, the Department has not set a suggested number of individuals to be served. The applicant should determine how many participants could be served each year of the project, explain how the number was determined, and justify the cost. C.7. How long must student outcome data be tracked once a student exits the juvenile justice facility? Because reentry services are to be provided post-release in collaboration with project partners, participant outcome data should be tracked through the entire project period, regardless of participant status in or out of a juvenile justice facility. The August 31 NIA includes the following required performance measures: (a) The number and percentage of youths served by the JJ Reentry CTE Program that are enrolled in further education or training, post-release, such as: (1) Secondary education or other State-approved equivalent; (2) GED bridge program; (3) Postsecondary education; or (4) Workforce training program. (b) The number and percentage of youths served by the JJ Reentry CTE Program that complete secondary education. (c) The number and percentage of youths served by the JJ Reentry CTE Program that attain an industryrecognized credential, certificate, or degree. (d) The number and percentage of youths served by the JJ Reentry CTE Program that seek and obtain employment after release. (e) The number and percentage of youths served by the JJ Reentry CTE Program that are adjudicated within one year of release, as evidenced by rearrest, conviction for new offenses (as a juvenile or adult), and reincarceration. Measurement definitions for the required performance measures will be determined post-award in consultation with the funded projects. The proposed evaluation to be conducted under the JJ Reentry CTE Program must also comply with Application Requirement (f) in the August 31 NIA: (f) Applicants must- (1) Include a plan for annual project evaluations that will assess the project s progress in meeting its goals and objectives, provide feedback for the project partners on the effectiveness of key project components, and identify areas needing improvement; and (2) Describe current capacity to share participant data collected by the different project partners and a plan to improve that capacity if necessary, for the purpose of meeting participant needs and reporting valid and reliable data on the required performance measures. 5

6 D. Target Population D.1. What is the age range of individuals to be served? The Department has not set a maximum age for individuals to be served by this program. However, under section 315, Perkins IV prohibits the use of federal Perkins funds for CTE programming prior to the seventh grade. Many programs for justice-involved youth serve individuals from ages 14 through 25. It is up to the eligible applicant and partnership to identify and justify the age range of justice-involved youths to be served under the proposed project. D.2. Could juveniles housed in an adult correctional facility be served under this program? Yes. The August 31 NIA requires proposed projects to serve residents of a juvenile justice facility. The Department did not specifically define juvenile justice facility. Therefore, an applicant could describe how juveniles housed in an adult correctional facility meet this requirement. For example, based on certain policies, juveniles may be housed separately from the adult corrections population in youthspecific housing facilities. It would be up to the eligible applicant to describe the facilities and to explain the relevant policies that would support a determination that the applicant is serving residents of a juvenile justice facility. D.3. Could juveniles housed in a jail be served under this program? Yes. The August 31 NIA requires proposed projects to serve residents of a juvenile justice facility. The Department did not specifically define juvenile justice facility. Therefore, an applicant could describe how juveniles housed in a jail meet this requirement. For example, based on certain policies, juveniles may be housed separately from adults in youth-specific housing facilities. It would be up to the eligible applicant to describe the facilities and to explain the relevant policies that would support a determination that the applicant is serving residents of a juvenile justice facility. E. Funding E.1. When would grants be awarded? We anticipate that grants will be awarded in January E.2. What is a restricted indirect cost rate? Under U.S. Department of Education discretionary grant program statutes that contain supplement-notsupplant provisions, grantees must use a restricted indirect cost rate when claiming indirect cost reimbursement. Restricted indirect cost rates are lower than the negotiated indirect cost rates and exclude certain items of general management and fixed costs, which would exist without Federal funds, from being included in the indirect cost rate that grantees use in charging indirect costs to the grants. Applicants should review Sections through of the Education Department General Administrative Regulations (EDGAR) for assistance in calculating restricted indirect cost rates. 6

7 E.3. Could grant funds be used to pay for tuition? Consistent with the June 4, 2015, Perkins IV non-regulatory guidance, Perkins grant funds may be used to pay tuition under certain, limited circumstances (see question D-27) of that document (see Generally, grant funds may be used to provide direct assistance such as tuition to special populations participating in CTE activities when assistance is needed to address barriers to the individual's successful participation in CTE. Section 3 (29) of Perkins IV defines special populations as (A) individuals with disabilities; (B) individuals from economically disadvantaged families, including foster children; (C) individuals preparing for non-traditional fields; (D) single parents, including single pregnant women; (E) displaced homemakers; and (F) individuals with limited English proficiency. The onus would be on the eligible applicant and partnership to justify the cost and to explain why tuition assistance could not be provided by another funding source. E.4. May a corrections department receive a subgrant in order to use grant funds to cover expenses incurred in supporting the project? Under of EDGAR, subgrants are not allowed under this program. However, a grantee may enter into a contract with a site or partners, as explained in of EDGAR: Section Competition exception for proposed implementation sites, implementation partners, or service providers. (a) When entering into a contract with implementation sites or partners, an applicant is not required to comply with the competition requirements in 2 CFR (c) and (d), if (1) The contract is with an entity that agrees to provide a site or sites where the applicant would conduct the project activities under the grant; (2) The implementation sites or partner entities that the applicant proposes to use are identified in the application for the grant; and (3) The implementation sites or partner entities are included in the application in order to meet a regulatory, statutory, or priority requirement related to the competition. If an applicant chooses to invoke the competition exception, the applicant must be certain to also comply with (c) which specifies that: (c) If the grantee relied on the exceptions under paragraph (a) or (b) of this section, the grantee must certify in its application that any employee, officer, or agent participating in the selection, award, or administration of a contract is free of any real or apparent conflict of interest and, if the grantee relied on the exceptions of paragraph (b) of this section, that the grantee used small purchase procedures to obtain the product or service. As with all costs, the applicant must justify why the contract is reasonable and necessary in other words, why the site or partner could not use resources from another source to cover expenses. 7