Title I, Part D, Subpart 2 Neglected, Delinquent, or AtRisk Local Education Agency

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Title I, Part D, Subpart 2Neglected,
Delinquent, or At-RiskLocal Education Agency

• Virginia Department of Education
• April 2009

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Title I, Part D, Subpart 2 Local Education
Agency (LEA)

• The U.S. Department of Education allocates to
  school divisions based on the number of children
  and youth living in community residential and
  local correction facilities as of October each
  year.
• The Virginia Department of Education awards
  subgrants to the 12 LEAs (school divisions) with
  the highest numbers or percentages of children
  and youth residing in locally operated
  correctional facilities for children and youth or
  who have been identified as neglected.

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American Recovery and Reinvestment Act of 2009
(ARRA)

• ARRA was signed into law by President Obama on
  February 17, 2009.
• ARRA provides significant new federal funding for
  educational programs under Title I of the
  Elementary and Secondary Education Act of 1965
  (ESEA).
• In Virginia, approximately 524,893 of ARRA funds
  will support the 12 LEAs (school divisions) with
  the highest numbers or percentages of children
  and youth residing in locally operated
  correctional facilities who have been identified
  as neglected or delinquent.
• The ARRA Title I, Part D, Subpart 2, funds are
  anticipated to be a one-time, additional funding
  stream to stimulate the economy and invest in
  education.

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American Recovery and Reinvestment Act of 2009
(ARRA)

• The 2009 ARRA Title I, Part D, Subpart 2, funds
  are being awarded to the 12 school divisions in
  addition to the regular Fiscal Year 2009 Title I,
  Part D, Subpart 2, funds.
• Detailed information regarding the use of ARRA
  funds and the regular Title I, Part D, Subpart 2,
  funds are to be described in the Title I, Part D,
  Subpart 2 application.
• The application is due by July 1, 2009.
• Funds for the ARRA portion of the funds must be
  obligated by September 30, 2011.
• Regular funds must be obligated by September 30,
  2011.
• Allowable uses of the ARRA Title I, Part D,
  Subpart 2, funds are the same as the regular
  Title I, Part D, program.

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Three Primary Purposes of Subpart 2

• To carry out high quality education programs to
  prepare children and youth for secondary school
  completion, training, employment or further
  education
• To provide activities to facilitate the
  transition of children and youth from the
  correctional program to further education or
  employment and
• To operate programs in local schools for children
  and youth returning from correctional facilities,
  and programs which may serve at-risk children and
  youth.

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Five Allowable Uses of Funding

• Section 1424 of the legislation outlines five
  appropriate uses of funds
• 1. Programs that serve children and youth
  returning to local schools
• 2. Dropout prevention programs, including
  pregnant teens, migrant and immigrant youth,
  English language learners, and gang members
• 3. Health and social services, including day
  care, drug and alcohol counseling, and mental
  health services that will help individuals
  complete their education

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Five Allowable Uses of Funding

• 4. Vocation and technical education, special
  education, career counseling, curriculum-based
  youth entrepreneurship education, and assistance
  in securing student loans or grants for post
  secondary education and
• 5. Programs providing mentoring and peer
  mediation.

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Program Specific Section

• D. Program Information
• Section 1
• Comprehensive overview of program
• Section 2
• Requirements for correctional facilities
  entering into agreements with school divisions
  (LEAs)

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Section 1 Comprehensive Overview of Program

• Section 1423 of the federal legislation outlines
  13 requirements that must be included in the
  application.
• The LEA should address all items, as appropriate,
  for a comprehensive overview of the Title I, Part
  D, Subpart 2, services being offered to students.
  
• Indicate not applicable where applicable.
• The goals and objectives reflected in the
  application should relate to the described
  program.

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13 Requirements Stated in the Law to Complete
Section 1

• Program Description
• Describe the program to be assisted.
• Formal Agreements
• Describe the formal agreements to be assisted
  between the school division, and the correction
  facilities and alternative school programs
  serving youth involved in the juvenile justice
  system.
• Coordination between Schools and Facilities
• Describe, as appropriate, how participating
  schools will coordinate with facilities working
  with delinquent children to ensure they are
  participating in an education program comparable
  to one operating the local school that such youth
  would attend.
• Students Returning from Correctional Facilities
• Describe the program operated by participating
  schools for youth returning from correction
  facilities, as appropriate.
• Include the types of services that the school
  will provide to those being served.

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13 Requirements Stated in the Law to Complete
Section 1

• Student Characteristics
• Describe the characteristics of the children
  (including learning difficulties, substance abuse
  problems, and other special needs) of the
  children returning from correctional facilities.
• Describe how the school will coordinate existing
  educational programs to meet the unique
  educational needs of these children.
• Coordination with Social, Health, and Other
  Services
• Describe the coordination with social, health,
  and other services to meet the needs of students.
  
• Include information on prenatal health care,
  nutrition services related to the health of the
  parent or youth, parenting and child development
  classes, child care, targeted reentry, outreach
  programs, referral to community resources and
  scheduling flexibility.
• Business Partnerships
• Describe any partnerships with local businesses
  to develop training, curriculum-based youth
  entrepreneurship education, and mentoring
  services for participating children.

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13 Requirements Stated in the Law to Complete
Section 1

• Parent Involvement
• Describe how the program will involve parents in
  efforts to improve the educational achievement of
  their children, dropout prevention, and to
  prevent the involvement of their children in
  delinquent activities.
• Coordination with Federal, State, and Local
  Programs
• Describe how the program will be coordinated with
  other federal, state, and local programs.
• Coordination with Juvenile Justice Programs
• Describe how the program will be coordinated with
  programs operated under the Juvenile Justice and
  Delinquency Prevention Act of 1974 and other
  comparable programs.
• Work with Probation Officers
• Describe how the facility will work with
  probation officers to assist in meeting the needs
  of children and youth returning from correctional
  facilities.

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13 Requirements Stated in the Law to Complete
Section 1

• Individualized Education Program
• Describe the efforts of participating schools to
  ensure correctional facilities working with
  children are aware of a childs existing
  individualized education program.
• Alternative Placements
• Describe the steps a participating school will
  take to find alternative placements for children
  interested in continuing their education, but are
  unable to participate in a regular public school
  program.

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Section 2Requirements for Correctional
Facilities Entering into Agreements with LEAs

• Responses to this section are only required if
  the correctional facility has entered into an
  agreement with a school division to provide
  services to children under section 1425.
• Indicate Not Applicable or complete the
  information.
• Complete a separate section for each agreement.
• There are 11 specific requirements for correction
  facilities who enter into agreements with the LEA
  to provide services under Title I, Part D,
  Subpart 2.

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11 Requirements of Section 2

• Individualized Educational Plan
• Ensure that educational programs in the
  correctional facility are coordinated with the
  students home school, particularly with respect
  to a student with an IEP.
• Notification of Special Education Need
• If the child or youth is identified as in need of
  special education services while in the
  correctional facility, notify the local school of
  the need.
• Transition Assistance
• Where feasible, provide transition assistance to
  help the child stay in school, including
  coordination of services for the family,
  counseling, assistance in accessing drug and
  alcohol abuse prevention programs, tutoring, and
  family counseling.
• Dropout Reentry, School Completion, Employment
• Provide support programs that encourage children
  and youth who have dropped out of school to
  reenter school once their term at the
  correctional facility has been completed, or gain
  employment, or seek a secondary school diploma or
  its equivalent.

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11 Requirements of Section 2

• Qualified Staff
• Work to ensure that the correctional facility is
  staffed with teachers and other qualified staff
  who are trained to work with children with
  disabilities taking into consideration the unique
  needs of such children.
• High Academic Achievement
• Ensure that educational programs in the
  correctional facility are related to assisting
  students to meet high academic achievement
  standards.
• Technology for Coordination
• To the extent possible, use technology to assist
  in coordinating educational programs between the
  correctional facility and the community school.
• Parental Involvement
• Where feasible, involve parents in efforts to
  improve the educational achievement of their
  children and prevent the further involvement of
  the children in delinquent activities.

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11 Requirements of Section 2

• Coordination of Federal, State, and Local Funds
• Coordinate funds received with other local,
  state, and federal funds available to provide
  services to participating children, such as funds
  made available under Title I, vocation, and
  technical education funds.
• Coordination with Juvenile Justice
• Coordinate programs operated with activities
  funded under the Juvenile Justice and Delinquency
  Prevention Act of 1974 and other comparable
  programs, if applicable.
• Business Partnerships
• If appropriate, work with local businesses to
  develop training, curriculum-based youth
  entrepreneurship education, and mentoring
  programs.

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Program Specific Assurances

• Each plan shall provide that
• I. It will give priority to such children and
  youth who are likely to be released from
  incarceration within a 2-year period
• II. It will carry out the evaluation requirements
  of section 1431. Each local educational agency
  that conducts a program under subpart 2 will
  evaluate the program, disaggregating data on
  participation by gender, race, ethnicity, and
  age, not less than once every 3 years, to
  determine the program's impact on the ability of
  participants to
• (1) maintain and improve educational
  achievement
• (2) accrue school credits that meet State
  requirements for grade promotion and secondary
  school graduation
• (3) make the transition to a regular program or
  other education program operated by a local
  educational agency
• (4) complete secondary school (or secondary
  school equivalency requirements) and obtain
  employment after leaving the correctional
  facility or institution for neglected or
  delinquent children and youth and
• (5) participate, as appropriate, in
  postsecondary education and job training programs.

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Neglected and Delinquent Terms

• Adult Correctional Institution A facility in
  which persons (including persons under 21 years
  of age) are confined as a result of a conviction
  for a criminal offense.
• At-Risk When used with respect to a child,
  youth, or student, means a school aged individual
  who is at-risk of academic failure, has a drug or
  alcohol problem, is pregnant or is a parent, has
  come into contact with the juvenile justice
  system in the past, is at least one year behind
  the expected grade level for the age of the
  individual, has limited English Language Learner
  (ELL) proficiency, is a gang member, has dropped
  out of school in the past, or has a high
  absenteeism rate at school.

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Neglected and Delinquent Terms

• Community Day Program A regular program of
  instruction provided by a State Agency at a
  community day school operated specifically for
  neglected or delinquent children and youth.
• Institution for Neglected or Delinquent Children
  and Youth
• A public or private residential facility, other
  than a foster home, that is operated for the care
  of children who have been committed to the
  institution or voluntarily placed in the
  institution under applicable state law, due to
  abandonment, neglect, or death of their parents
  or guardians or
• A public or private residential facility for the
  care of children who have been adjudicated to be
  delinquent or in need of supervision.

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Resource Documents

• Title I, Part D, Non-Regulatory Guidance
• http//www.neglected-delinquent.org/nd/docs/nonreg
  ulatoryguidance_FINAL.pdf
• Title I, Part D, Legislation
• http//www.ed.gov/policy/elsec/leg/esea02/pg9.html
  
• The National Evaluation and Technical Assistance
  Center for the Education of Children and Youth
  Who are Neglected, Delinquent, or At-risk
  (NDTAC)
• http//www.neglecteddelinquent.org/nd/about.asp
• http//www.neglected-delinquent.org/nd/resources/r
  ecovery.asp
• (about ARRA and Title I, Part D, Subpart 2)

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Contact Information

• Diane Jay
• Associate Director
• Office of Program Administration and
  Accountability
• [phone]
• Diane.Jay_at_doe.virginia.gov