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Fiscal Issues Impacting Perkins and the Adult Education Program (AEFLA)

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FISCAL ISSUES IMPACTING PERKINS AND THE ADULT EDUCATION PROGRAM (AEFLA) Presented by: Michael Brustein, Esq. Erin Auerbach, Esq. mbrustein_at_bruman.com eauerbach_at_bruman.com – PowerPoint PPT presentation

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Title: Fiscal Issues Impacting Perkins and the Adult Education Program (AEFLA)


1
Fiscal Issues Impacting Perkins and the Adult
Education Program (AEFLA)
  • Presented by
  • Michael Brustein, Esq. Erin Auerbach, Esq.
  • mbrustein_at_bruman.com eauerbach_at_bruman.com
  • Brustein Manasevit, PLLC Spring Forum 2011

2
Overview
  • Funding
  • Implementation Issues
  • Common Questions

3
Funding
4
Current Funding Proposals
5
Why Is Perkins Being Cut?
  1. Obamas Budget last year eliminated Tech Prep
  2. Obama and House propose to eliminate Tech Prep in
    2012

6
Why Is Perkins Being Cut?
  1. CTE programs are not living up to their purpose
    of preparing students for college and careers.
    ED Official
  2. Programs must lead to high wage outcomes,
    industry recognized professional credentials, and
    students who can transition to postsecondary
    education without remedial classes. Brenda
    Dann-Messier

7
What does history teach us about programs subject
to such cuts?
8
Where were the D.C. Advocacy Organizations?
  • ACTE
  • State Directors

9
Will the federal government still be the engine
driving the CTE train?
10
Common Themes
  • Silo Smashing
  • Consolidation
  • Move towards competitive grants, away from
    formula

11
Will Perkins funding shift to support only
postsecondary?
12
Implementation Issues
13
Career and Technical Student Organization (CTSO)
  • OVAE Perkins funds may not be used to support
    the lodging, feeding, conveying, or furnishing
    transportation to conventions or other forms of
    social assemblage for CTSOs.
  • Perkins IV, Non-Regulatory Guidance QA Version
    3.0, Question D.26 (June 2, 2009)
  • http//cte.ed.gov/docs/nonregulatory/PerkinsIVNon-
    RegulatoryGuidanceQAVersion3.0.pdf
  • Perkins funds may be used for lodging, feeding,
    conveying, or furnishing transportation if the
    costs are
  • (1) related to a CTSO that is an integral part of
    the curriculum, and
  • (2) part of a larger program to serve special
    populations or nontraditional students

14
So why does Perkins permit support for CTSOs?
15
Improvement Plans
  • Perkins Section 123(b)(2)
  • the eligible recipient shall develop and
    implement
  • a program improvement plan . . . during the first
  • program year succeeding the program year for
  • which the eligible recipient failed to so meet
    any of
  • the local adjusted levels of performance for any
    of
  • the core indicators of performance.

16
Improvement Plans
  • According to the language of the statute
    recipients that failed to meet performance
    indicators as reported in the 2010 CAR would have
    developed and began implementing an improvement
    plan on July 1, 2010.
  • Not possible in the real world
  • What should States do to be in compliance?

17
Improvement Plans
  • To date, no sanctions have been imposed on States
    who are not enforcing the exact language of the
    law.

18
Improvement Plans
  • During 12 months following the 90 deficiency,
  • create a paper trail that
  • Informs recipient of the need for an improvement
    plan
  • Requests that the recipient will send to the
    State an assurance that it will take steps to
    address the deficiency during that 12 month
    period

19
Supplanting
  • Can Perkins or AEFLA funds be used to lawfully
    supplant State and local funds?

20
Administrative Costs
  • How do administrative costs compare to indirect
    costs?

21
Administrative Costs
  • Subgrantees must track administrative
    expenditures separately from programmatic
    expenditures.
  • Administrative activities for both Perkins and
    AEFLA is a cost objective.

22
Cost Objective
  • function, organizational subdivision, contract,
  • grant, or other activity for which cost data are
  • needed and for which costs are incurred.
  • OMB Circular A-87, Attachment A, B(11)

23
Period of Availability
  • Perkins
  • State
  • Subject to Tydings
  • July 1 through September 30 of the following
    grant year (27 months)
  • Locals
  • Academic year
  • AEFLA
  • State and Locals
  • Subject to Tydings
  • July 1 through September 30 of the following
    grant year (27 months)

24
Period of Availability
  • Can the State limit the period of availability
    for subrecipients?
  • 2009 Arkansas ESEA Monitoring Report
  • States do not have the authority to shorten
    period of availability/carryover period for
    subgrantees, if the Tydings Amendment applies to
    that program.

25
  • Remedial Courses not allowable
  • Remedial Services allowable
  • Perkins IV, Non-Regulatory Guidance QA Version
    3.0, Funding for Remedial Education begins at
    Question D.18 (June 2, 2009)
  • http//cte.ed.gov/docs/nonregulatory/PerkinsIVNon-
    RegulatoryGuidanceQAVersion3.0.pdf

26
AEFLA Issues
27
  • ONLY ELIGIBLE STUDENTS MAY BE SERVED UNDER AEFLA!
  • AEFLA Section 203(1)
  • At least 16 years old AND
  • Not enrolled or required to be enrolled in
    secondary school AND
  • Lack mastery of basic educational skills AND
  • Do not have a secondary school diploma or
    equivalent AND
  • Are unable to speak, read, or write English

28
  • Use of multiyear grants/contract

29
  • Use of same funding announcement for all providers

30
Common Questions
31
Frequently Asked Questions
  • May funds be used to pay for meals?
  • And what about the use of funds for awards?
  • Can funds be used to pay for bus transportation
    for students?
  • If equipment is purchased, may Perkins funds be
    used for service warranties?
  • Can funds be used to purchase iPods for students?
    For teachers as part of professional development?
  • May funds pay for membership fees in professional
    organizations?
  • Can funds be used for bags or t-shirts to give
    away to attendees of a professional development
    event?

32
Frequently Asked Questions
  • May funds be spent on pens and pads of paper to
    be used at a professional development event?
  • May funds be used to pay for tuition costs for
    faculty to earn a degree?
  • May funds be used for tuition costs for students?
  • Can funds be used for stipends to non-faculty
    staff for time working outside of their
    contractual hours?
  • Can funds be used for the cost of attendance at a
    professional development activity?
  • Can funds be used for travel expenses to a
    professional development activity?

33
Frequently asked questions
  • May funds be used to pay for equipment repair
    cost?
  • Can funds be used to pay for campus security
    guards?
  • Can funds be used to upgrade electrical capacity?
  • May funds be used for radio advertisements?
  • May funds be used for financial aid training for
    college employees?
  • May leadership funds be used for course
    development?

34
Frequently asked questions
  • Can funds be used for gift cards for students?
  • If a technical college uses Perkins funds to pay
    a portion of a high school teachers salary
    should that employee complete a time and effort
    form?
  • Can funds be used for teacher retirement
    benefits?
  • May administration funds be used to purchase file
    cabinets?
  • Can funds be used for a photographer at a
    professional development event?

35
  • Development of a policy and
  • procedure manual?
  • OMB Circular A-133 Audit Compliance
  • OVAE Monitoring
  • Consistency
  • Provider input!

36
  • This presentation is intended solely to provide
    general information and does not constitute legal
    advice or a legal service.  This presentation
    does not create a client-lawyer relationship with
    Brustein Manasevit, PLLC and, therefore,
    carries none of the protections under the D.C.
    Rules of Professional Conduct.  Attendance at
    this presentation, a later review of any printed
    or electronic materials, or any follow-up
    questions or communications arising out of this
    presentation with any attorney at Brustein
    Manasevit, PLLC 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.
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