21st Century Community Learning Centers Requirements and Flexibility in Light of the Waiver

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21st Century Community Learning Centers
Requirements and Flexibility in Light of the
Waiver

• Michael Brustein, Esq.
• mbrustein_at_bruman.com
• Brustein Manasevit, PLLC
• Fall Forum 2012

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Agenda

• 21st Century Community Learning Centers (21st
  CCLC) Resources
• Overview
• ESEA Flexibility
• Time and Effort
• General Fiscal Rules
• Common Monitoring Findings

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21st CCLC Resources

• EDs Website http//www.ed.gov/programs/21stcclc/
  index.html
• 21st CCLC Statute http//www.ed.gov/policy/elsec/
  leg/esea02/pg55.html
• 21st CCLC Guidance http//www.ed.gov/programs/21
  stcclc/guidance2003.doc
• Regulations on the Participation of Faith-Based
  and Community Organizations in Department
  Programs http//www.ed.gov/policy/fund/reg/fbci-
  reg.html
• EDGAR http//www.ed.gov/policy/fund/reg/edgarReg/
  edgar.html
• OMB Circulars http//www.whitehouse.gov/omb/circu
  lars/

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21st CCLC Program Overview
Brustein Manasevit, PLLC
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What is the purpose?

• To establish or expand community learning centers
  that provide students with
• Academic enrichment opportunities along with
  activities designed to complement the students
  regular academic program
• Must also offer families of
• eligible students literacy
• and related educational
• development

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What is a Community Learning Center?

• Located in elementary or secondary schools, or
  other similarly accessible facilities
• Provides a wide range of services to support
  student learning and development, including
• Tutoring ? Community service opportunities
• Mentoring ? Character Education Programs
• Homework help ? Drug violence prevention
• Academic enrichment ? Music, technology, arts,
  sports
• Counseling cultural activities
• Operates during non-school hours
• Before or after school, summer, holidays,
  weekends, etc.
• Flexibility waiver exception!
• Assists students in meeting state and local
  academic achievement standards in core academic
  subjects

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Eligibility Requirements

• Who can participate?
• Students
• Adult family members of participating students
• Younger children who will become students at the
  school being served

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21st CCLC Program Allowability RulesLocal Use of
Funds

• ?Remedial education activities and academic
• enrichment learning programs ?
• Recreational activities
• Tutoring services and mentoring programs
• chess clubs (foster critical thinking skills,
  persistence)
• poetry contests and slams (encourage reading,
  writing and speaking)
• Mathematics and science education activities
• woodworking programs (encourage planning,
  measurement, estimation)
• cooking programs (foster application of math and
  science skills)
• Arts and music education activities
• theatre programs (encourage reading, speaking,
  teamwork)

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21st CCLC Program Allowability RulesLocal Use of
Funds

• Programs for Limited English Proficient students
  that emphasize language skills and academic
  achievement
• Expanded library service hours
• Programs that promote parental involvement and
  family literacy
• Book clubs (encourage reading and writing for
  pleasure)
• Telecommunications and technology education
  programs
• Computer clubs or newspaper publishing (promote
  writing, editing and knowledge of, and comfort
  with, technology)
• Programs that assist truant, suspended, or
  expelled students to improve their academic
  achievement
• Drug and violence prevention programs, counseling
  programs, and character education programs

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21st CCLC Program Allowability RulesPrinciples
of Effectiveness

• Programs or activities must be based on
• Needs assessment of objective data
• An established set of performance measures aimed
  at ensuring high quality academic enrichment
  opportunities and
• Scientifically based research that provides
  evidence that the program or activity will help
  students meet the state and local academic
  achievement standards (as appropriate)

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ESEA Flexibility

• ED allowing SEAs to request flexibility through
  waivers of 10 provisions of the ESEA
• ED allowing an optional 11th waiver to permit
  community learning centers to use 21st CCLC funds
  to support expanded learning time during the
  school day in addition to activities during
  non-school hours or periods when school is not in
  session (i.e., before and after school or during
  summer recess)
• ESEA Flexibility Guidance, p.2 (September 23,
  2011)
• http//www.ed.gov/esea/flexibility

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• SEA must specifically request flexibility to
  permit eligible entities to use 21st Century
  funds to support expanded learning time before
  and after school

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• If waiver granted, SEA must comply with all the
  other 21st Century Rules

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• ESEA flexibility would not affect current
  subgrantees
• Only entities selected after SEA runs next
  competition following receipt of waiver

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• If flexibility granted, funds may be used to
  support high-quality expanded learning time
• e.g. supplemental science, reading, civics or
  other supplemental academic enrichment in morning
  or afternoon to allow teachers time to collaborate

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• Does supplement not supplant apply to expanded
  learning time under ESEA flexibility
• YES!!!

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21st CCLC Program Fiscal Rules
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Brustein Manasevit, PLLC
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Time and Effort Rules

• Identify the number of cost objectives!!
• If one cost objective
• Semi-annual Certification
• If two or more cost objectives
• PARs

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Hypo 1

• Employee works only on 21st Century, and paid
  with fed
• 3 to 6 pm five days a week
• Expanded learning time 1 to 6pm

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Hypo 2

• Employee works only on 21st Century paid with
  federal and nonfederal

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Hypo 3

• Employee works on Title I from 700am to 300pm,
  21st Century from 300 to 600pm.

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Hypo 4

• Employee works on Title I from 700am to 100pm,
  Expanded Learning from 100 to 400pm, 21st
  Century from 400 to 600pm

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Hypo 5

• Employee works on Title I from 700am to 300pm,
  travels to CBO site for 21st Century from 300 to
  600pm

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21st Century Fiscal Rules (continued)

• What else can be charged to the 21st CCLC Grant?
• Indirect Costs
• If you have an approved rate that can distinguish
  costs for each program
• Restricted Indirect Cost Rate
• Pre-award costs (if have written approval)
• If charge after award notice but before the
  effective date, costs may be charged to the
  extent they would have been allowable if incurred
  after the award date
• If, prior to receiving notice of the grant, the
  local organization incurs financial obligations
  -- it is doing so at its own risk

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Charge a Fee?

• YES, however
• Must offer a sliding scale of fees and
  scholarships for those who cannot afford the
  program
• Income collected from fees must be used to fund
  program activities specified in the grant
  application

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21st CCLC Carryover

• SEA has discretion
• If grantee making substantial progress
• SEA may not redistribute 21st CCLC funds that
  remain unobligated if doing so would reduce the
  total amount of funds available to the grantee
  from a given fiscal years appropriation below
  50,000
• If grantee is NOT making substantial progress
• SEA decides not to award a second or third year
  21st CCLC grant continuation
• SEA may redistribute any unobligated funds, even
  if doing so would reduce the funds available
  below 50,000

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Common Findings

• Common 21st CCLC monitoring findings
• Peer review process
• Awards between 3 to 5 years
• Applicants describe how the community learning
  center will continue after 21st CCLC funding ends
• Outreach efforts to inform eligible entities
  about grant competition
• SEA monitoring subgrantees
• Reporting complete, accurate, and reliable data

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Questions
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Disclaimer

• This presentation is intended solely to provide
  general information and does not constitute legal
  advice. Attendance at the presentation or later
  review of these printed materials does not create
  an attorney-client relationship with Brustein
  Manasevit, PLLC. You should not take any action
  based upon any information in this presentation
  without first consulting legal counsel familiar
  with your particular circumstances.