essa requirements overview in title i,ii,iii,iv &...

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ESSA Requirements Overview in Title I,II,III,IV & V Corina Ene Director of Policy Office of Federal Programs July 2017

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ESSA Requirements Overview in Title I,II,III,IV & V

Corina Ene

Director of Policy – Office of Federal Programs

July 2017

Alignment to Learning Forward Standards

• The new education law, Every Student Succeeds Act (ESSA), redefines professional development with a purposeful influence from Learning Forward.

• Learning Forward, a national association recognized as leaders in professional learning, has established standards for professional learning that set a high bar for quality learning experiences.

• This session aligns to the following standards-

• Resources

• Professional learning that increases educator effectiveness and results for all students, requires prioritizing, monitoring, and coordinating resources for educator learning.

• Implementation

• Professional learning that increases educator effectiveness and results for all students, applies research on change and sustains support for implementation of professional learning for long-term change.

Tribal Consultation

• A Local Educational Agency (LEA) shall consult with appropriate officials from Indian tribes or tribal organizations approved by the tribes located in the area served by the local educational agency prior to the LEA’s submission of a required plan or application for a covered program under ESSA or for a program under title VI of ESSA.

• Such consultation shall be done in a manner and in such time that provides the opportunity for such appropriate officials from Indian tribes or tribal organizations to meaningfully and substantively contribute to such plan.

ESSA, Sec. 8538(a)

Hotline – Office of Inspector General

• Each recipient of a grant or subgrant under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) must display, in a public place, the hotline contact information of the Office of Inspector General of the Department of Education so that any individual who observes, detects, or suspects improper use of taxpayer funds can easily report such improper use.

ESSA, Section 9203(1)

120/45 days Approval/Disapproval of LEA Applications

In general, USDE sends final allocations to SEAs at the beginning of July OSDE sends

allocations to LEAs in mid-July

LEAs shall submit the applications to OSDE by September 30th

OSDE has 120 days from the date it received the LEA application to approve/disapprove the application. [ESSA, Sec. 8452(a)] If OSDE fails to respond in 120 days, the application will be automatically approved.

From the date the OSDE notifies the LEA that the application is in non-compliance, LEAs have 45 days to revise and resubmit the application to OSDE. [ESSA, Sec. 8452(b)(2)(C)] If LEAs fail to respond prior to the expiration of the 45 days, the application shall be deemed to be disapproved. [ESSA, Sec. 8452(b)(4)] Consequently, LEAs will not be able to submit claims for funds reimbursement for the current fiscal year.

Important deadline

• Submit all the applications to OSDE by September 30, 2017

• Contingent to the LEA’s application submission, OSDE must meet other ESSA requirements, such as:

• Private Schools Allocation Notification

• Monitoring

• Meet the requirement of the 120/45 days approval/disapproval of the LEA applications

Transferability Allowability From: Title II, Part A Title IV, Part A

To: Title I, Part A Title I, Part A

To: Title I, Part C Title I, Part C

To: Title I, Part D Title I, Part D

To: Title II, Part A

To: Title III, Part A Title III, Part A

To: Title IV, Part A

To: Title V, Part B - RLIS Title V, Part B - RLIS * “An LEA may not transfer funds it receives under any other ESSA program.” Non-Regulatory Guidance: Fiscal Changes And Equitable Services Requirements-T1

** “Funds transferred under this section are subject to each of the rules and requirements applicable to the funds under the provision to which the transferred funds are transferred.” ESSA, Section 5103(e)(1)

Indirect Cost (IDC) Allowability

• IDC is allowable in all Title Programs at the district level, at the negotiated restricted rate approved by USDE.

• Not allowed in Consolidation of Funds (project 785), which is a project that allows budgeting at the site level, in schoolwide schools.

Federal Programs Administrative Costs Allowability Program SEA level LEA level

Title I, Part A 1% ESSA, Section 1004(a)(1) 5, 7 or 8 % 70 O.S.18-124

Title I, Part C 1% ESSA, Section 1004(a)(1) 5, 7 or 8 % 70 O.S.18-124

Title I, Part D 1% ESSA, Section 1004(a)(1) 5, 7 or 8 % 70 O.S.18-124

Title II, Part A 1% ESSA, Section 2101(c)(2) 5, 7 or 8 % 70 O.S.18-124

Title III, Part A - EL 5% ESSA, Section 3111(b)(2) (50% admin, 50% state activities)

2% ESSA, Section 3115(b) - In addition to IDC

Title III, Part A - Immigrant N/A N/A

Title IV, Part A 1% ESSA, Section 4104(a)(2) 2% ESSA, Section 4105(c)

Title V, Part B - RLIS 5% ESSA, Section 5222(b) (state admin and technical assistance to LEAs)

5, 7 or 8 % 70 O.S.18-124

Title IX, Part A 25% (state admin and technical assistance to LEAs-Education for Homeless Children and Youths Non-Regulatory Guidance, D1)-OSDE reserves 1%

5, 7 or 8 % 70 O.S.18-124

Private Schools Equitable Share

• An LEA must determine the amount of funds available for providing equitable services prior to any expenditures or transfers of funds. ESSA, Section 1117(a)(4)(A)(ii)

• This includes all reservations previously taken “off the top” of an LEA’s Title I allocation, including reservations for administration, parental involvement, and district-wide initiatives.

Non-Regulatory Guidance: Fiscal Changes And Equitable

Services Requirements-O2

Private Schools Equitable Share Calculation Participating Programs [ESSA, Section 8501(b)(1)]

Calculations of the Equitable Share Law/Guidance

Title I, Part A

Off the top (before any allowable expenditures or transfers, including any reservations)

• ESSA, Section 1117(a)(4)(A)(ii) • Non-Regulatory Guidance:

Fiscal Changes And Equitable Services Requirements-O2

Applicable to children from low-income families residing in participating public school attendance area

Non-Regulatory Guidance: Fiscal Changes And Equitable Services Requirements-O2

Title I, Part C More USDE guidance is expected

Title II, Part A LEA’s Total Allocation (including transfers) minus Admin Costs, divided by Total Enrollment (LEA + Participating Private School Enrollment)

Non-Regulatory Guidance: Fiscal Changes And Equitable Services Requirements-P2

Title III, Part A Off the top (before any allowable expenditures or transfers, including any reservations)

Non-Regulatory Guidance: Fiscal Changes And Equitable Services Requirements

Title IV, Part A More USDE guidance is expected

Title I, Part A -Required Set-asides

• Required set-asides in Title I, Part A: Homeless ESSA, Section 1113(c)(3)(A)(i)

Parental and Family Engagement ESSA, Section 1116(a)(3)

Equitable share ESSA, Section 1117(a)(4)(A)(ii)

• If Title I , Part A funds are consolidated in project 785, these set-asides must be kept in Title I, Part A.

Title I, Part A -Required Set-asides (cont.)

• Parent and Family Engagement set-aside for LEAs with a total allocation of $500,000: 1% of the current year allocation plus transfers

Not less than 90% of the 1% must be distributed to the schools

10% of the 1% may be kept at the LEA level

ESSA, Section 1116(a)(3)(C)

• Private School Equitable Share set aside: For participating Title I A school attendance areas ESSA, Section

1117(a)(4)(A)(i)

Off the top of the LEA Title I current year total allocation plus transfers ESSA, Section 1117(a)(4)(A)(ii)

Title I, Part A -Schoolwide

• A school with the poverty level under 40% may operate a Schoolwide program if the school receives a waiver from the SEA. ESSA, Section 1114(A)(1)(B)

• OSDE uses the “Schoolwide Intent” tab in the Comprehensive District Academic Plan (CDAP) as a waiver for operating a schoolwide program in schools that do not meet the 40% poverty threshold.

• Since CDAPs are submitted to OSDE on a 5-year cycle starting with FY18, and amendment shall be created to the FY17 CDAP, if there are schools who want to submit this waiver to OSDE.

Title I, Part A –serving schools with poverty levels under 35%

• If a local educational agency (LEA) serves schools with a poverty level under 35%, the per-pupil amount of funds allocated to each school shall be at least 125% of the per-pupil amount of funds the LEA received for that year. ESSA, Section1113(c)(2)(A)

• Per-pupil 125% Calculation: Divide the total allocation available to the LEA by the total number of low income students (from the attendance area selected by the LEA, reflected on Low-Income-Step 4). Multiply this amount by 1.25 and you will have the minimum per-pupil allocation for each attendance area.

Total

allocation

Low-Income

children

Per pupil

allocation

Per pupil

allocation at 125%

rule 125% per-pupil

calculation 2,049,915.46 Divided by 4065 504.2842 Multiplied by 125% 630.36

Admin set-aside

Designation

set-aside

Homeless

set-aside PI set-aside PD set-aside

Extended

Time

Programs IDC Total set-asides

Remaining amount

for site allocations

75,760.00 111,665.10 19,000.00 7,086.56 8242.02 114,539.85 60,671.93 396,965.46 1,652,950.00

School Poverty

level

Public Low-

Income

Per pupil

allocation (not

at 125% rule)

Site

Allocations

(not at 125%

rule)

Per Pupil

allocation at

125% rule

Site Allocation at

125% rule

115 - School A 67.17 308 695 214,755.00 630.36 194,150.88

130 - School B 65.91 428 695 300,935.00 630.36 269,794.08

125 - School C 46.41 264 695 184,175.00 630.36 166,415.04

135 - School D 45.15 297 695 207,110.00 630.36 187,216.92

122 - School E 44.98 260 563 146,380.00 630.36 163,893.60

150 - School F 39.1 301 563 171,715.00 630.36 189,738.36

165 - School G 36.15 304 563 171,152.00 630.36 191,629.44

145 - School H 28.88 231 0 0.00 0.00

525 - School I 54.16 450 563 256,728.00

505 - School J 31.38 252 0 0.00 630.36 158,850.72

520 - School K 30.06 370 0 0.00 354.76 131,260.96

525 - School I 28.80 450 0 0.00

720 - School L 29.37 600 0 0.00 0.00

4065 1,652,950.00 1,652,950.00

Title I, Part C- Migrant NCLB ESSA

Qualifying work was agriculture and fishing. Qualifying work now includes the initial processing of trees.

The child moved within the preceding 36 months in order to seek or obtain qualifying work, or to accompany or join the migratory agricultural worker or migratory fisher in order to seek or obtain qualifying work.

“Migratory agricultural worker” and “migratory fisher”: 1. It is no longer necessary to determine whether the worker moved “in

order to obtain” qualifying work, or any employment. 2. “Engaged” in qualifying work soon after the move instead of

“obtained” . 3. Modified criteria for individuals who did not engage in new

qualifying work soon after their qualifying move.

The worker obtained qualifying work soon after the move (within 30 days after the qualifying move.)

“Soon After”– Within 60 days after the qualifying move

Qualifying move was directly related to and dependent upon the intent to obtain qualifying work.

Qualifying move and the qualifying work are (can be) separate and distinct components.

Migratory status was determined by the LEA or SEA recruiter through the eligibility documentation.

The worker can establish his or her status as a migratory worker during a move, then during a later move, can make a qualifying move (unrelated to qualifying work or activity.)

Title I, Part C- Migrant (cont.) NCLB ESSA

A worker who did not obtain qualifying work ―soon after a move‖ may only be considered to have moved ―in order to obtain‖ qualifying work if : (1) the worker states that one purpose of the move was specifically to obtain qualifying work, AND (2) The worker has a prior history of moving to obtain qualifying work; (3) There is other credible evidence that the worker actively sought qualifying work soon after the move but, for reasons beyond the worker’s control, the work was not available.

“Recent History of Moves ”: 1) Moves that resulted in engagement in qualifying work; 2) At least two moves; and 3) Occurred within 36 months of the recruiter’s interview.

Title I, Part C- Migrant (cont.) NCLB ESSA

Evidence that qualifying works was actively sought includes: 1) Information obtained from

conversations with an employer, crew chief, employment agency, or credible third party that indicates that the worker sought the qualifying work;

2) Written information from the employer, such as a copy of an employment application or a list of recent applicants;

3) Information in the public domain (e.g., newspaper) that confirms a flood or crop failure in the area.

“Actively Sought”: 1) May occur before or after the qualifying move (e.g., applied for

qualifying work at a particular agricultural or fishing job site, applied for such employment before moving, or moved reasonably believing that, based on newspaper ads or word of mouth, such work would be available after the move); and

2) Should occur within 60 days of the qualifying move.

Title I, Part D- Prevention and Intervention Programs For Children and Youth Who Are

Neglected, Delinquent, or At-Risk Changes:

Greater emphasis placed on providing services to tribal youth and ensuring at-risk, neglected, and delinquent students families and communities are involved with the youth.

ESSA, Section 1401(a)(1)(3)

Pay-for-Success Initiatives in particular those evidence-base programs that target services for youth who have come in contact with both the child welfare system and juvenile justice. ESSA, Section 1424(a)(7); www.2.ed.gov/about/inits/ed/pay-for-success

Definition of “at-risk” modified to mean a school age individual who is at-risk of academic failure, dependency adjudication, or delinquency adjudication, has a drug or alcohol problem, is pregnant or is a parent, has come into contact with the juvenile justice system or child welfare system in the past, is at least 1 year behind the expected grade level for the age of the individual, is an English learner, is a gang member, has dropped out of school in the past, or has a high absenteeism rate at school. ESSA, Section 1432

Title II, Part A - Required Activities 1) Activities that will be aligned with challenging State academic

standards. ESSA, Section 2102(b)(2)(A)

2) Professional growth and improvement activities, such as induction for teachers, principals, or other school leaders and opportunities for building the capacity of teachers and opportunities to develop meaningful teacher leadership. ESSA, Section 2102(b)(2)(B)

3) Activities for schools served by the agency that are implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d) and have the highest percentage of children counted under section 1124(c). ESSA, Section 2102(b)(2)(C)

4) Use of data and ongoing consultation to continually update and improve activities supported under this part.

ESSA, Section 2102(b)(2)(D)

Title III, Part A - Required Activities 1) Provide effective Language Instruction Educational Programs.

ESSA, Section 3115(c)(1)

2) Provide effective professional development. ESSA, Section 3115(c)(2)

3) Provide parent, family, and community engagement activities to enhance or supplement language instruction educational programs for English learners. ESSA, Section 3115(c)(3)

Title IV, Part A – General Rules

• Subpart 1: Student Support and Academic Enrichment

• Intent and purpose: provide all students with access to a well-rounded education;

improve school conditions for student learning; and

improve the use of technology in order to improve the academic achievement and digital literacy of all students.

• Can be awarded on a competitive or formula basis.

• Oklahoma has chosen to award Title IV, Part A funds on a competitive basis.

Title IV, Part A (cont.)

• 1-year competitive award

• Oklahoma’s grant award: $4,209,568

• Oklahoma’s ESSA plan proposed the award of competitive grants: 50% for well-rounded education initiatives 30% for healthy and safe schools 20% for technology and PD for the effective use of data

• The competitive application will be:

released on the website

collected by OSDE on paper;

after LEAs are awarded, the budgets and claims will be in GMS

• Funds awarded competitively cannot be transferred;

Title IV, Part A - General Rules (cont.)

• “No allocation to an LEA may be made for an amount less than $10,000.” ESSA, Section 4105(a)(2)

• “LEAs may form a consortium with other surrounding local educational agencies and combine the funds each such agency in the consortium receives under this section to jointly carry out the local activities described in this subpart.” ESSA, Section 4105(a)(2)

Title V, Part B – Rural Education Achievement Program

Title V, Part B comprises two formula grant programs:

1. Subpart 1- Small, Rural School Achievement (SRSA)

Direct grant from USDE

Coded at OSDE level as Project 588

Eligibility criteria: I. Average Daily Attendance (ADA) is fewer than 600 students; or population density is fewer than 10

persons/sq. mile; and II. All LEA’s schools are designated with a locale code 41, 42, 43

2. Subpart 2 - Rural, Low-Income School (RLIS)

Formula grant awarded by USDE to OSDE

Coded at OSDE level as Project 587

Eligibility criteria: I. Poverty level is greater than 20% and all LEA’s schools are designated with a locale code of 32,33,41, 42,

43; or II. The LEA meets the 20% poverty requirement and the Secretary grants the LEA a waiver in regards to the

designated locale code.

Title V, Part B – Rural Education Achievement Program (cont.)

A dual eligible LEA may exercise the REAP-Flex authority even if the LEA chooses to participate in RLIS instead of SRSA.

An LEA that is only eligible for RLIS, may not participate in REAP-Flex.

ONLY ONLY DUAL ELIGIBLE

RLIS SRSA RLIS SRSA

No Flexibility to REAP-Flex REAP-Flex REAP-Flex

REAP Significant Changes Under ESSA in FY2018

• SRSA eligible and dual eligible LEAs choosing the SRSA grant must complete the application in Grants.gov. Application period opened May 1 and closes June 30, 2017.

• School Locale Codes

• Hold Harmless Provision – Allows LEA that is no longer eligible for the SRSA grant to receive a reduced allocation over the next three years beginning in FY2018

• Dual Eligibility – LEA can be eligible for both SRSA and RLIS but must choose one grant

* SRSA questions, contact [email protected]

Title IX, Part A -McKinney-Vento Homeless Assistance Act

Changes:

McKinney-Vento Homeless Assistance Act moves from Title X, Part C, to Title IX, Part A.

Places a greater emphasis on the identification of preschool age homeless children and ensuring identified children are provided transportation to and from their school of origin. ESSA, Section 721(1)

LEA Homeless Liaisons are required to provide professional development and outreach activities with school personnel and community partners such as (child welfare services, juvenile and family courts, mental health service providers, domestic violence agencies, etc.). ESSA, Section 722(g)(1)(F)(i)

LEA Homeless Liaisons must work with guidance counselors and other LEA staff tasked with college preparation to ensure unaccompanied homeless students are aware of their independent student status and receive support completing the federal student financial aid packet. ESSA, Section 722(g)(3)(I)

Questions?

Contacts Gloria Bayouth –Executive Director

[email protected]

Corina Ene-Director of Policy

[email protected]

Nancy Hughes – Director of Finance

[email protected]

Debbie Pham -Program Specialist, Title I A Schoolwide Coordinator, [email protected]

LuraLee Braun -Program Specialist, Title I C Coordinator

[email protected]

Anthony Kibble - Program Specialist, Title I D and IX A Coordinator [email protected]

Daniel Ruhl - Program Specialist, Title III A Coordinator

[email protected]

Kay Townsend – Financial Analyst, Title V B Coordinator

[email protected]