Policy Guidance for Part D
The purpose of the Subpart 2 program is to support LEA programs that involve collaboration between LEAs and local correctional facilities, including local institutions and community day programs for delinquent children and youth, to--
Carry out high quality education programs that prepare youth to complete high school, enter training or employment programs, or further their education;
Facilitate the transition from programs in an institution to further education or employment; and
Operate dropout prevention programs in local schools for youth at risk of dropping out or youth returning from correctional facilities or delinquent institutions.
LEAs receiving Subpart 2 funds must generally use these funds to operate (1) LEA-based programs for non-institutionalized, at-risk children and youth and (2) programs for children and youth in locally operated correctional facilities, including institutions for delinquent children that have established formal agreements with the LEA regarding the services to be provided.
An LEA receiving Part D, Subpart 2 funds must use a portion of those funds to operate a dropout prevention program in a local school(s) that targets at-risk children and youth. An LEA, however, with a locally operated correctional facility or institution for delinquent children in which more than 30 percent its youth attending the facility will reside outside the boundaries of the LEA upon leaving the facility, is not required to operate a dropout prevention program within its schools and may use all of its Subpart 2 funds for programs in such facilities or institutions, provided they have a formal agreement with the LEA.
ED determines how much Part D, Subpart 2 funds are generated for each State, based on October case load data on the number of children and youth living in local institutions for delinquent children and adult correctional institutions, when it calculates annual Title I, Part A county allocations. The Title I, Part A county allocation tables that ED provides to each SEA shows the specific amounts the State must use for Part D, Subpart 2 purposes.
From funds retained by the State for Part D, Subpart 2 purposes, the SEA awards subgrants to eligible LEAs with high numbers or percentages of children and youth residing in locally operated correctional facilities not operated by the State, including institutions and community day programs for delinquent children. The SEA has the option of awarding subgrants to eligible LEAs by formula or through a discretionary grant process. In either case, the SEA must develop procedures for determining and notifying LEAs within the State that are eligible to receive Subpart 2 funds based on high numbers or percentages of children and youth in locally operated correctional facilities and delinquent institutions.
The SEA has broad discretion in determining LEA eligibility. For example, in defining high numbers an SEA might choose to aggregate the number of children in LEAs with locally operated correctional facilities and delinquent institutions across the State and divide by the number of LEAs containing such institutions or facilities. Any LEA with a number higher than the State average, or at least 30 children, could be considered to have a high number. In determining what represents a high percentage, an SEA may, for example, consider an LEA whose correctional facility or delinquent institution population exceeds 10 percent of its total school-age population as having a high percentage.
If an SEA chooses to award Part D, Subpart 2 subgrants on a discretionary basis, it must establish criteria and priorities for awarding grants. If an SEA distributes funds through a formula, it must divide the funds proportionately among the eligible LEAs based on each LEA's proportionate share of children in correctional facilities or delinquent institutions.
Q. The statute requires ED to use October case load data on the number of children and youth living in institutions for delinquent children or in adult correctional facilities when determining the Title I, Part A amount retained by the State for Part D, Subpart 2 purposes. In making subgrants to LEAs with high numbers or percentages of these children and youth, must an SEA use the same data ED used to determine State Part D, Subpart 2 allocations?
A. No. The SEA is not required to use the same data on this population as ED. Under the statute, ED must use an October case-load count of children and youth living in locally operated adult correctional facilities or institutions for delinquent children. However, the SEA may include children and youth participating in locally operated community-based programs for delinquent children and youth who do not live in a facility when determining whether an LEA has a high number or percentage of such children and making allocations based on a formula.
Q. Is an LEA that received Title I, Part D, Subpart 2 funds in the previous year entitled to receive a hold-harmless allocation?
A. No. The hold-harmless provisions of Title I, Part A do not apply to subgrants received by LEAs under Part D, Subpart 2.
Q. If an eligible LEA does not apply for Part D, Subpart 2 funds or an SEA determines that an LEA has received a grant award amount that is more than it can use, can the SEA reallocate those funds?
A. Yes. An SEA may carry over Part D, Subpart 2 funds into the succeeding fiscal year and reallocate them to LEAs with the greatest need for additional funds to meet the needs of at-risk youth.
To receive Part D, Subpart 2 funds, each eligible LEA must apply to the SEA as outlined in Section 1423 of Title I. An LEA application must include a description of the program(s) to be assisted with these funds and describe the formal agreements between itself and the local correctional facilities or institutions for delinquent children and other local programs or alternative school programs that serve delinquent or at-risk children and youth. Although the LEA is not required to have a formal agreement with every local correctional facility or institution for delinquent children in the LEA, it must have evidence to show that it made a substantial effort to negotiate agreements with all facilities, particularly those with the highest number of delinquent children.
The application must also include, as appropriate, a description of how the LEA will coordinate the services it provides with those in the locally operated correctional facilities or delinquent institutions that have entered into a formal arrangement to ensure that the educational program of the children and youth in the local facility or institution is comparable to the one the LEA operates in the school that such youth would otherwise attend. In determining if the education program in the correctional facility or delinquent institution is comparable, the LEA may wish to use criteria that indicates, for example, whether the program meets State and local academic and performance standards, offers the subjects required for each grade level, or whether the subjects offered provide credits toward a high school diploma.
For those LEAs that use Part D, Subpart 2 funds to support district-operated alternative programs for at-risk children and youth, the SEA may require the LEA to describe the procedures it uses to select participating schools and children. Although the statute makes no specific provisions for selecting which schools within an LEA receive Part D, Subpart 2 funds to serve at-risk children and youth, an LEA is expected to allocate funds based on need, which could reflect concentration of poverty, dropout rates, or some other reasonable objective indicator of educational need.
Q. May an agency other that an LEA apply for Subpart 2 funds?
A. No. Only LEAs are eligible to apply. An LEA, however, may apply and subcontract with another agency to provide services. In such instances, the LEA must exercise administrative control and assume responsibility for monitoring the contract to ensure compliance with applicable statutory and regulatory requirements.
An LEA receiving Part D, Subpart 2 funds must use a portion of those funds to operate a dropout prevention program in a local school(s) that targets at-risk children and youth.. An LEA, however, with a locally operated correctional facility or institution for delinquent children in which more than 30 percent its youth attending the facility will reside outside the boundaries of the LEA upon leaving the facility, is not required to operate a dropout prevention program within its schools and may use all of its Subpart 2 funds for programs in such facilities or institutions, provided they have a formal agreement with the LEA.
An LEA may use Part D, Subpart 2 funds, where appropriate, for--
Dropout prevention programs that serve youth at educational risk. At-risk youth include school-aged youth who are at-risk of academic failure, have drug or alcohol abuse problems, are pregnant or are parents, have previously come into contact with the juvenile justice system, are at least one year behind the expected grade level for their age, are migrant or immigrant, have limited English proficiency, are gang members, have previously dropped out of school, or have high absentee rates at school.
Coordinating health and social services for at-risk children and youth, such as day care and drug and alcohol abuse counseling if there is a likelihood that providing such services will help these children complete their education.
Programs that meet the special needs of children and youth at risk of dropping out, such as vocational education, special education, career counseling, and securing student loans or grants.
Q. How does the LEA document the eligibility of youth to receive services?
A. All youth in local correctional facilities or delinquent institutions through the age of 21 are eligible to be served. In local participating schools all youth who are eligible for services under Title I, Parts A or C are eligible, if the school receives Title 1 funds.
If a school receiving Part D, Subpart 2 funds is not a Title 1, Part A school, the LEA must identify the at-risk youth enrolled in the school for Part D services. For example an LEA would identify-->
Children and youth who have been adjudicated within the juvenile justice system but have returned to a school operated by the school district, using the best available records and data available to identify these individuals;
Migrant children or youth based on their eligibility for services under Title I, Part C;
Immigrant children or youth based on whether these individuals are ages 3 through 21 years who were not born in any State and have not been attending one or more schools in any one or more States for more than three full academic years;
Gang members based on definitions established by the SEA or LEA; and
Pregnant and parenting teens through the age of 21 based on local criteria.
Q. Can an LEA decide that funds should be targeted to a particular category of at-risk youth, such as limited English proficient children or immigrant youth rather than others, without documenting that these children have the greatest need?
A. Yes. An LEA may target funds to meet the needs of one or more categories of at-risk children and youth without documenting that one category has greater needs than another. However, depending on SEA application requirements, an LEA may be required to explain its rationale for choosing the categories of at-risk children to be served.
Each correctional facility or delinquent institution receiving assistance under Subpart 2 must have a formal agreement with the LEA outlining the programs and services to be provided to its population with Subpart 2 funds. Each facility or institution shall--
Where feasible, ensure that education programs are coordinated with the student's home school, particularly with respect to special education students with an individualized educational program;
Notify the local school of a youth if the youth is identified as in need of special education services while in the facility;
Where feasible, provide transition assistance to help youths stay in school, including coordination of services for the family, counseling, assistance in accessing drug and alcohol abuse prevention programs, tutoring, and family counseling;
Provide support programs that encourage youth who have dropped out to reenter school once they have completed their term or provide them with the necessary skills to gain employment or to obtain a secondary school diploma or its equivalent;
Ensure that such facilities are staffed with teachers and other qualified staff who are trained to work with children with disabilities and other students with special needs;
Ensure that educational programs in these facilities and institutions are related to assisting students meet high educational standards;
Use, to the extent possible, technology to coordinate educational programs between the facilities and institutions and the community school;
Where feasible, involve parents in efforts to improve the educational achievement of their children and prevent further involvement of such children in delinquent activities;
Coordinate services with other Federal, State, and local programs such as the Jobs Training Partnership Act and vocational education programs; and
Work, where appropriate, with local business to develop training and mentoring programs.
Q. May an LEA reserve funds from Title I, Part A to serve children and youth in local correctional facilities and delinquent institutions?
A. Yes, §200.27 of the Title I, Part A regulations (34 CFR 200.27) allows an LEA, where appropriate, to reserve funds that are reasonable and necessary to provide services to children in local institutions for delinquent children and in local adult correctional facilities.
The LEA is responsible for monitoring the facility or institution to ensure that it is carrying out its responsibilities as outlined in its formal agreement and is complying with all applicable statutory and regulatory requirements.
In accounting for how effectively Part D, subpart 2 funds are used, an SEA may--
Reduce or terminate LEA-based projects supported with Part D, Subpart 2 funds if they do not show progress in reducing dropout rates over a three-year period; and
Require that local correctional facilities and delinquent institutions, after receiving assistance under Part D, Subpart 2 for three years, demonstrate that there has been an increase in the number of youth returning to school, obtaining a secondary school diploma or its equivalent, or obtaining employment after these youth are released.