This page contains written responses to questions submited prior to and during the 2018 OSHS TIPD State Coordinators National Conference. As additional questions are reviewed, they will be posted here and marked with the date of posting. The questions and written responses are grouped by topic. Select the topic from the left-hand menu to see the written responses.
- Annual Count
- General Purposes of Title I, Part D
- Serving Neglected Students with Title I, Part D
- Uses of Funds
Q: Does Section 1426(2) mean that the SEA may reduce or terminate funds if only (2) applies? Or do circumstances require both (1) and (2) to occur before the SEA can consider a reduction or termination of funds?
A: No. Under ESEA section 1426(2), an SEA may reduce or terminate funding under Title I, Part D, Subpart 2 if an LEA does not show progress in the number of children and youth attaining a regular high school diploma. This authority is not contingent on an SEA also taking action pursuant to ESEA section 1426(1).
Q: Older students (i.e. ages 18-21) are not included in the count that determines funds, but funds are used to support their education. Why is this?
A: The allocation of funds, including the count of children and youth used for such purposes, is based on statutory and regulatory requirements. In determining allocations under Subpart 1, in accordance with ESEA section 1412(a)(1) and 34 CFR 200.91, students through age 20 are included in the count. (See question A-1 in the Title I, Part D non-regulatory guidance for more information.)
For Subpart 2, however, under ESEA section 1402(b), allocations are based on the funds generated under Title I, Part A based on the number of children and youth in local institutions for neglected and delinquent children, including adult correctional institutions. Child counts for Subpart 2 purposes are therefore counted according to the Title I, Part A count requirements in ESEA section 1124(c), which bases such counts on the number of children ages 5-17. (See question L-1 in the Title I, Part D non-regulatory guidance for more information.)
Q: Can these funds be used for any purpose, including purposes that do not appear to align to the purpose of TIPD?
A: No, Title I, Part D funds may be used only for activities consistent with the purposes of Title I, Part D (see ESEA sections 1401 (general purpose statement) and 1421 (Subpart 2 purpose statement)). Under Subpart 1, a State agency also must meet the uses of funds requirements under ESEA section 1415. Similarly, under Subpart 2, an LEA must meet the uses of funds requirements under ESEA section 1424.
Q: Our neglected student population in local educational agencies (LEAs) receive services through a reserved Title I, Part A allocation but the delinquent students receive services through Title I, Part D Subpart 2. What guidance drives the services and goals for the neglected students, Title I, Part A or Title I, Part D?
A: An LEA generally must follow the requirements applicable to the program under which it uses the funds though specific uses may be allowable under multiple programs. Any guidance applicable to the relevant program would apply.
Under section 1113(c)(3)(A)(ii), an LEA must reserve such funds as are necessary to provide services comparable to those provided to children participating in Title I, Part A programs for children living in local institutions for neglected children. With these funds, an LEA must provide comparable services to neglected children living in eligible institutions. Under Subpart 2, an LEA must comply with the requirements in ESEA sections 1421-1425.
Q: How do LEAs determine when to fund neglected programs with delinquent money rather than from Title I, Part A?
A; ESEA section 1113(c)(3)(A)(ii) requires an LEA to reserve such funds as are necessary to provide services comparable to those provided to children in Title I schools to children in local institutions for neglected children. The funds reserved must be sufficient to provide comparable services to such children; however, the services do not need to be a dollar-for-dollar match.
Under ESEA section 1113(c)(3)(A)(iii), an LEA may reserve, if appropriate, Title I, Part A funds to provide services for children in local institutions for delinquent children, and neglected or delinquent children in community day programs. In determining whether and how much to reserve for these purposes, an LEA may take into account services provided by the LEA using Subpart 2 funds.
Q: Can Title I, Part D funds be used for job coaching during the school day?
A; Yes. In general, Subpart 2 funds are intended to support programs to, among other things, “carry out high quality education programs to prepare children and youth for . . . employment and “to provide activities to facilitate the transition of such children and youth from the correctional program to further education and employment” (ESEA section 1421(1)-(2)). Under ESEA section 1424(a)(3), an LEA may use Subpart 2 funds for “special programs to meet the unique academic needs of participating children and youth, including . . . career counseling.”
Q: Can Title I, Part D funds be used for preventative dropout services to identify and engage students with a high degree of risk of high school dropout and/or involvement with the juvenile justice system?
A: Yes. Under ESEA section 1424(a)(2), an LEA may use Subpart 2 funds for dropout prevention programs that serve at-risk children and youth.