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21st Century Community Learning Centers and Non-traditional Providers

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21ST CENTURY COMMUNITY LEARNING CENTERS AND NON-TRADITIONAL PROVIDERS Brette Kaplan, Esq. bkaplan_at_bruman.com Brustein & Manasevit, PLLC Spring 2012 Forum – PowerPoint PPT presentation

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Title: 21st Century Community Learning Centers and Non-traditional Providers


1
21st Century Community Learning Centers and
Non-traditional Providers
  • Brette Kaplan, Esq.
  • bkaplan_at_bruman.com
  • Brustein Manasevit, PLLC
  • Spring 2012 Forum

2
Agenda
  • 21st Century Community Learning Centers (21st
    CCLC) Resources
  • Selecting Subgrantees
  • Subgrant v. Contract
  • 21st CCLC Program Overview
  • General Fiscal Rules
  • Equitable Services
  • Program Evaluation
  • Common Monitoring Findings

3
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/

4
Legal Structure of Federal Programs
5
Selecting Subgrantees
6
Subgrantee Selection Requirements
  • Eligible organizations
  • Any public or private organization
  • Ex non-profits, city or county government
    agencies, FBOs, IHEs, and for-profit corporations
  • Consortium of 2 or more entities
  • Awards can only be made to responsible
    subgrantees and contractors possessing the
    ability to perform successfully under the terms
    and conditions of the proposed grant or contract.
  • EDGAR, Section 80.36(b)(8)

7
What must be included in a local organizations
application? (Guidance, F-3)
  • Before- after-school, summer other non-school
    time activities
  • How students will travel to/from center and home
  • How organization will disseminate information
    about the center
  • How activities are expected to improve student
    achievement
  • Federal, state, local programs that will
    coordinate with proposed program for effective
    use of public resources
  • How program will meet principles of effectiveness
  • Partnership between LEA, CBO, other public or
    private organization (if appropriate)
  • Evaluation of community needs available
    resources, and description of how program
    addresses those needs
  • Organizations experience, or promise of success,
    in providing educational related activities to
    enhance the students academic performance
  • How applicant will use qualified seniors as
    volunteers (if applicable)
  • Required assurances

8
Subgrant v. Contract
9
What is a subgrant?
  • Federal law dictates what a subgrant is and when
    it is allowed
  • Subgrantees (also known as subrecipients) must
    carry out responsibilities of the federal program
  • SEA must monitor subgrantees compliance with all
    federal program and fiscal requirements

10
What is a contract?
  • A contract provides goods or services as needed
    by the program
  • Contractors (vendors) are NOT responsible for
    carrying out the responsibilities of the federal
    program
  • Contractors must carry out the terms of their
    contracts
  • The educational agency must have a contract
    administration system to ensure contractors are
    complying with the terms of their contracts

11
Subgrant v. ContractHow to Distinguish Between
Them
  • A subgrantee
  • Determines who is eligible to participate in the
    federal program
  • Measures performance against objectives of the
    federal program
  • Is responsible for programmatic decision making
  • Is responsible for complying with federal program
    requirements
  • Uses federal funds to carry out the program (not
    just provide specific goods/services)

12
Subgrant v. Contract (continued)How to
Distinguish Between Them
  • A contractor
  • Provides goods/services within normal business
    operations
  • Provides similar goods/services to different
    purchasers
  • Operates in a competitive environment
  • Provides goods/services ancillary to operation of
    the federal program
  • Is NOT subject to compliance requirements of the
    federal program

13
Subgrant v. Contract (continued)How to
Distinguish Between Them
  • Agencys designation as a contract or a subgrant
    is not binding
  • Auditors are required to use their professional
    judgment to determine the true nature of a
    document based on the previous criteria
  • Use proper terminology
  • Minimizes confusion
  • Ensures compliance with appropriate federal
    regulations
  • Helps facilitate an effective audit

14
Nature of Funding
  • Subgrant (e.g., pass-through funds from state
    administered program)
  • Allowable activities based on applicable statute,
    local plan, state rules
  • Management rules
  • EDGAR
  • OMB Circulars
  • State law, applicable policies and procedures

15
Nature of Funding (continued)
  • Contract
  • Allowable activities based on terms and
    conditions of contract
  • Management rules
  • Terms of the contract
  • State contract law

16
21st CCLC Program Overview
17
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

18
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

19
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

20
Eligibility Requirements
  • Who can participate?
  • Students
  • Adult family members of participating students
  • Younger children who will become students at the
    school being served

21
How to Ensure Funds are Spent Properly
22
Allowability under 21st CCLC
  • Is the proposed cost consistent with the
    applicable OMB Circular?
  • A-21 Educational Institutions
  • A-87 State, Local Indian Tribal Governments
  • A-122 Non-Profit Organizations
  • 48 CFR part 31 For-Profit Organizations
  • Is the proposed cost allowable under the 21st
    CCLC program?
  • Is the proposed cost consistent with 21st CCLC
    specific fiscal rules?
  • Is the proposed cost consistent with EDGAR?

23
OMB Circular A-87 A-122 Federal Cost Principles
  • All costs must be
  • Necessary
  • Reasonable
  • Allocable
  • Legal under state and local law
  • Conform with federal laws grant terms
  • Consistently treated
  • Generally Accepted Accounting Principles
  • Not included as match
  • Net of applicable credits
  • Adequately documented

24
Watch for Allowability Differences
OMB Circular A-87 OMB Circular A-122
43 Select Items of Costs General Government Expenses Maintenance, Operation and Repairs 52 Select Items of Costs Housing and personal living expenses Labor Relations costs Losses on other sponsored agreements or contracts Organization costs Page charges in professional journals Participant support costs Recruiting costs Relocation costs Specialized service facilities Transportation costs Trustees
25
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)

26
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

27
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)

28
21st CCLC Program Fiscal Rules
29
21st CCLC Fiscal RulesSupplement Not Supplant
  • 21st CCLC funds can be used to supplement, but in
    no case supplant, federal, state, local funds, or
    other non-federal funds.

30
Auditors Presume Supplanting in Two Situations
  1. Required to be made available under other
    federal, state or local laws.
  2. Provided with non-federal funds in prior year

31
Presumption Rebutted!
  • If able to demonstrate would not
  • have provided services
  • if the federal funds were
  • not available
  • NO non-federal resources
  • available this year!

32
What Documentation is Needed?
  • Fiscal or programmatic documentation to confirm
    that, in the absence of Federal funds, would have
    eliminated staff or other services in question
  • State or local legislative action
  • Budget histories and information

33
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

34
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

35
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

36
Equitable Services to Private School Students
37
Equitable Services
  • 21st CCLC participants receiving funds must
    provide equitable services to private schools
  • ( 9501)
  • Title IX, Part E Uniform Provisions Subpart 1
    Private Schools http//www.ed.gov/policy/else
    c/guid/equitableserguidance.doc
  • Code of Federal Regulations (CFR), Title 34, Part
    299, Subpart E -- Services to Private School
    Students and Teachers http//frwebgate.access.g
    po.gov/cgi-bin/get-cfr.cgi?TITLE34PART299SECTI
    ON6YEAR2000TYPETEXT

38
Equitable Services
  • Purpose is that the educational agency
  • Spends an equal amount of funds to serve similar
    public and private school students
  • Provides services and benefits that are equitable
    in comparison to the services and benefits
    provided to public school students
  • Addresses the specific needs and educational
    programs of public and private school students on
    a comparable basis
  • Provides, in the aggregate, approximately the
    same amount of services
  • Provides equal opportunities to participate and
  • Provides services that meet private school
    students specific needs.

39
Consultation
  • The educational agency must provide timely and
    meaningful consultation
  • Timely
  • Before LEA makes any decisions
  • Meaningful
  • Genuine opportunity for parties to
  • express their views
  • Views seriously considered

40
Consultation
  • Consultation must include
  • How private school students needs will be
    identified
  • What services will be offered
  • How, where, and by whom the services will be
    provided
  • How the services will be assessed,
  • and how the results of the
  • assessment will be used to
  • improve services
  • The size and scope of the services
  • How and when the agency will make
  • decisions about the delivery of services

41
Program Evaluation
42
Program Evaluation
  • Conduct a periodic evaluation of the program to
    assess progress towards achieving the goal of
    providing high quality opportunities for academic
    enrichment
  • Use the results of the evaluation to refine,
    improve and strengthen the program, and to refine
    the performance measures
  • Notify the public of the right to review the
    results of the evaluation and allow such review
    upon request

43
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

44
Questions
45
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.
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