Frequently Asked Questions (FAQs):
2011-12 Technical Assistance Elluminate Sessions
for the Consolidated Application Update (May 24, 25, & June 2, 2011)
TOPICS: ARRA|TITLE I|TITLE II-A|TITLE III|NON-PUBLIC SCHOOLS|GENERAL
Q: I thought ARRA was use it or lose it. I guess not?
A: ARRA is use it or lose it by August 31, 2011, with a small
window into September to contact us to fix problems.
Q: Please explain request for carryover waiver due to ARRA.
A: You are required to spend all ARRA funds by August 31,
2011, or risk losing them. The carryover waiver pertains
to regular Title I, and is limited to the TOTAL ARRA allocation
amount.
Q: You mentioned the carryover waiver due to ARRA. Does it
matter if you've done a waiver in the past, like in the past
3 years?
A: No. Any LEA that received an ARRA Title I allocation has
a regular Title I carryover limit of 100 percent of their Title
I ARRA allocation from 2010-11 into 2011-12, even those that
received waivers from the 15 percent limit for 2008-09 or 2009-10. The
15 percent carryover limit still applies to LEAs that did not
receive a Title I ARRA allocation. Complete details can
be found at http://www.p12.nysed.gov/nclb/cladcep/1011/carryover.html.
TITLE I
Q: If a district has four elementary schools and they all qualify
for Title I-A, can the district decide to allocate funds to
just two schools?
A: After an LEA has rank-ordered its attendance areas and
has determined which areas/schools have poverty percents above
the group average, the Title I funds are distributed by multiplying
the per-pupil amount by the number of poverty eligible students
in each area/school, until all funds are sub-allocated. Should
an LEA wish to “skip” an eligible school, it must show that
a comparable amount of State/local funds are being spent for
the same purposes in that school. All funds available for distribution
to attendance areas must indeed be distributed.
Q: Can we include/use improvement funds for a K-2 building
since they are a feeder school to the issues that may exist
at the elementary school(s)?
A: School Improvement funds must be used in the building
that has been identified as in need of improvement.
Q: If the schools and districts are in good standing for 2010-11,
but anticipate that they may be in need of improvement in 2011-12,
should the LEA indicate that the school/district is in need
of improvement on this document?
A: It is recommended that the LEA fill it out according to
what it feels its status will be for the upcoming school year.
Q: What if my private school does not use a poverty measure
and has no poverty data?
A: Only schools with at least one student who meets the guidelines
is eligible for Title I services.
Q: How do we pay for and account for a resident, poverty status
student who attends a non-public school outside of the LEA?
A: In order for ANY nonpublic school to be eligible for Title
I-funded services for any of its students residing in Title
I-funded attendance areas who are failing to meet NYS learning
standards, at least ONE student from a Title I-funded attendance
area attending a particular nonpublic school must be income-eligible;
if there are no income-eligible Title I attendance area resident
students enrolled in a particular nonpublic school, the LEA
has no obligation to provide Title I-funded services to that
school.
In order to ascertain the amount of funds available for provision of equitable services, an LEA multiplies the number of income-eligible, Title I attendance area students attending that school by the per-pupil amount computed on the Title I Supplement. For nonpublic school located outside the boundaries of the LEA, the LEA of Location will have consulted with that school regarding they types of service(s) to be provided, and the second LEA would be responsible, on a proportional basis, for the costs of the provision of those services, which MUST be provided by the LEA of Location, or, if that LEA defers, by the LEA of Residence. But, never, NEVER are those services provided by the nonpublic school, and under NO circumstances should an LEA send any Title I funds to any nonpublic school.
Q: Can you please review the Comparability Report ratios between
Title I and non-Title I
Schools? As we look at staffing for next year, we want to
make sure we are doing this correctly.
A: The current Comparability requirements say that each school
receiving Title I funds must have a pupil/staff ratio (after
excluding certain staff (see instructions)) that is within +/-
ten percent of the averages for all Title I-funded buildings
as well as all non-Title I-funded buildings. Only buildings
with similar grade-span groupings need to be subjected to this
requirement.
Q: Does a district need to incorporate indirect costs into
the FS-10?
A: It is an option, not a requirement, in Title I.
Q: Do we need to add in the carryover amount to the allocation
when determining Per Pupil Amount (PPA)?
A: No. That carryover does not have to be included in PPA
because those same dollars were included in the prior year’s
PPA.
Q: Where can I find explicit directions that address SUPPLEMENT
vs. SUPPLANT?
A: An LEA may use Title I funds only to supplement and, to
the extent practicable, increase the level of funds that would,
in the absence of Title I funds, be made available from non-Federal
(local) sources for the education of students participating
in Title I programs. Read the “First Guidance” piece on the
USDE website for additional information and note the significant
exception contained in Section 1120A(d) of NCLB.
Q: I was told by the Title I Office back in September that
as long as districts are meeting their Maintenance of Effort,
Supplement vs. Supplant rules do not apply. Would you comment
on that?
A: Supplement, not Supplant, and Maintenance of Effort are
two independent tests that LEAs must meet. The NCLB Maintenance
of Effort requirement is delineated in Section 9521 of
NCLB and says, basically, that an LEA must spend at least 90
percent of the average of the last two years, either on
a per-pupil or a net total basis. NYS LEAs have never had
a problem meeting this requirement.
Supplement, not Supplant is an on-going requirement that is best understood by saying that unless specifically enabled by legislation (i.e., Class Size Reduction) any educational expenditure which results in the awarding of credit, promotion to the next grade or meeting a graduation requirement cannot be supported by federal funds, except if the service provided is above-and-beyond what the general student population receives. For example, if a student needs to attend summer school because (s)he did not pass ELA 10 after having received a year's instruction, such an expense could be supported by federal funds. Of special concern here is the provision of NCLB-type services to students with disabilities. In those cases, the regular education program is the student's IEP. If, for example, the student's IEP calls for two sessions of ELA or 12 months of ELA instruction, then that extra session/time cannot be supported with Title I funds.
Q. If a school in a district is identified as SINI, but does
not receive Title 1 funds, is a set-aside for SES needed?
A. SES is required for Title I-funded schools ONLY.
Q: If a district receives McKinney-Vento funding, do they need
to set aside Title funds?
A: Yes, if there are any non-Title I schools in the district,
the homeless set-aside is required.
Q: We have three of our buildings in year 1 of improvement.
None of these is a Title I building, nor are we a district in
need of improvement. Does this mean we do not have to worry
about the School Improvement stipulations?
A: No. SES or Choice is not required for non-Title I buildings,
but you will still need to do a Comprehensive Education Plan
and complete any required intervention under Differentiated
Accountability.
Q: Can parental involvement funds be provided for all buildings
regardless of Title I status?
A: You can provide district level activities in a Title I
district, but not at the school building level for non-Title
I funded schools.
Q: If switching from TAS program to SWP, do I need to do a
scientifically-based update?
A: It depends on what’s actually happening in the school.
SBR changes are required when there are significant programmatic
changes. Changing status does not necessarily mean there is
a major programmatic/clinical change.
Q: Do all LEAs need to submit a sample letter for the Parents'
Right to Know? Will it be added to the checklist?
A: No. Districts must send a copy of the letter if there
were significant changes. This item is found on the Significant
Changes checklist.
Q: Did I hear correctly that an LEA must reserve 10% for PD
only if it is in DINI status? What if you have schools under
SINI or CA?
A: Any LEA that is in improvement status is required to setaside
10% of the total Title I allocation for PD. Under Differentiated
Accountability, only LEAs with schools in the comprehensive
category (all subgroups identified or the all student group
identified) are required to set aside 10% of the identified
building’s allocation for PD. This amount counts toward the
district 10%. This reserve is optional for LEAs with schools
in the basic (only one sub group) or focused (more than one
group, but not all).
Q: Where can I find definitions of "neglected" and "delinquent?"
A: See: http://www.neglected-delinquent.org/nd/resources/glossary.asp
Q: If an LEA receiving less than $500,000 does not have a 1%
set aside for parent involvement activities, how are they supposed
to fund those activities?
A: That becomes the LEA's decision. Parent involvement activities
are still required; it's just that for LEAs receiving less than
$500,000 in Title I, Part A funding, there is no required set-aside that
has to be reserved to insure that those activities take place.
The funds can come from the Title I allocation, or provided
from some other source.
Q: What percentage of Title II-A is transferable into Title
I?
A: The use (no funds are actually transferred) of up to 50%
of Title II-A is eligible to be transferred into Title I, provided
that the LEA is in good standing. For LEAs in Improvement Status,
only 30% of the use of Title II-A funds can be used in this
fashion. For LEAs in Corrective Action, Transferability may
not be used.
Q: For Title II-A teacher quality, is there a requirement to
implement the teacher quality plan/5% set-aside if the teacher
is not retained for the next year?
A: The district will need to document any changes in identified
teacher status, by indicating that the identified non-highly
qualified teachers have not been retained, have obtained certification,
or have been reassigned. The Title II-A NYSED office will then
determine if the 5% set--aside can be released.
Q: Why is Home & Careers at the Middle School considered
a core area for HQT?
A: This is per Commissioner's regulations, Part 100.4, found
at: http://www.p12.nysed.gov/part100/pages/1004.html
There is a clear description on the need for this and CTE
classes for middle school students:
100.4 Program requirements for grades five through eight
- Definitions
- Technology education means a program of instruction designed to assist all students in meeting State intermediate standards for technology. Technology education uses concepts of science, mathematics, social science, and language arts in a hands-on, systems-based approach to problem solving that guides students in the understanding, design and development of systems, devices and products to serve human needs and wants.
- Home and career skills means a program of instruction designed to assist all students in meeting State intermediate learning standards for family and consumer sciences and to assist all students to develop strategies to manage multiple individual, family, career, and community roles and responsibilities through instructional activities which incorporate concepts of science, mathematics, social science and language arts.
Q: Is a HOUSSE /waiver from a BOCES district superintendent
acceptable, if only one teacher is not HQ & we are very
rural?
A: HOUSSE (high objective uniform state standard of evaluation)
form can be used as an option for teachers to demonstrate their
subject matter competency. The teacher must meet NYS certification
standards for an assignment to teach a core academic subject and have
a need to demonstrate subject matter competency in that subject
as required by NCLB or IDEA.
If you determine the one teacher to be HQ with use of a HOUSSE
form then you would need to notify the Office of Information
and Reporting to have this documented.
Q: If we have staff identified as needing additional course
work to be considered highly qualified, and they pursue that
work over the summer to secure necessary certification extensions,
can this be factored in to mitigate our status of 100% HQ?
A: If the teacher completes the necessary course work to
then qualify as HQ, you would provide evidence of this to the
Office of Information and Reporting and the staff would make
adjustments to your HQT status. Until that is official, your
district would still need to have a Teacher Quality Improvement
Plan and the 5% set aside as part of the Consolidated Application.
Once the evidence of the certification extensions is provided
and processed, those funds can be released.
Q. Where can I find if a district has made AMO for HQT?
A. AMO for HQT for 2010-11 was sent to your district, to
Human Resources or to the Superintendent. You can also check
with NYSED’s Office of Information and Reporting Services.
Q: If the HQ Reserve is not fully spent but no more allowable
expenses are incurred, can this amount be carried over to the
next year?
A: Yes, if the purpose of the expended funds is to help you
get to HQ status.
Q: Do we still need to have a set-aside if we have new information
that we are now 100% HQT, but were not when the original report
came out?
A: If our data states that you are under 100% HQT, you must
still file until the data becomes official.
Q: How do we determine private school allocations for Title
II-A?
A: Private school allocations are computed by formula applied
to all LEAs are for advisement purposes only (i.e., they are
not required to be at this level. Actual services delivered
are the result of the Consultation/Collaboration process and
could cost less or more than the computed advisory amount),
and are posted on: http://www.p12.nysed.gov/nclb/allocations/
Q: Where do we find our Highly Qualified Teachers status?
A: From the school superintendent, human resources, or your
BEDS reporting administrator. Be sure to follow up on current
status to correct faulty data.
Q: Where would I find more information about a Title II-A Consortium?
Can you only pool funds within a district or can they be pooled
across several districts or a BOCES? Who provides the professional
development?
A: We do not have information on Title II-A Consortium, as
for the most part, this has been a structure used by private
schools. What we can advise is that districts have been informally
collaborating on pooling resources and providing professional
development and some do this through their local BOCES. The
BOCES or the LEA could provide the professional development,
and usually it is the BOCES that does this, and the LEA uses
a CoSer charge through Title II-A, Purchased Services, to pay
for sending teachers to the professional development, or to
have the professional development offered in each district.
We do not have official guidance on this, as it has been done
informally in the past.
Q: In these very tight fiscal times, is it possible to use
Title II-A for class size reduction in order to save a teacher
whose position would have been eliminated if federal funds were
not available?
A: The United States Education Department (USED) determined
in 2003 that the use of Title II-A under these circumstances
is permissible; however, certain conditions must be met:
1) funds will only be considered for one school year at a
time; each case must undergo annual review and documentation;
2) fiscal and programmatic records must be maintained that
confirm that, in the absence of Title II-A monies, the position
would have been eliminated. Records must confirm: a) the reduced
amount or lack of State and local funds available to pay for
this position, and b) details of the LEA's decision to eliminate
the position in the absence of Federal funding including the
reason(s) for that decision.
Q: Are we using 2009-10 or 2010-11 Highly Qualified Teacher
data for the Consolidated Application? Different years are listed
in different places in the posted information.
A: Districts should use the most current information that
they have received from the Office of Information and Reporting
for Highly Qualified Teacher data. The initial data for 2010-11
has been sent to all districts for their review and corrections.
Q: Does Title III participate in the transferability process?
A: No.
Q: If you join a consortium and one of the schools does not
meet the AMO, do all schools then not meet the AMO? Or has this
since changed?
A: The policy is “one for all, and all for one.” It is important
that you collaborate with your consortium partners to be aware
of changes in status.
Q: With a 2% cap on Title III administrative costs, does this
cap include an administrative assistant for the primary administrator
for bilingual education?
A: Under Title III a secretarial/clerical position may be
funded to support Title III activities, programs and services
after normal school hours or beyond the regular school hours.
The LEA may claim part, all, or none of the 2%. Indirect
cost and/or professional salaries may not exceed the 2% limit
for the total administrative cost.
Q: What happens to LEP funds if a private school refuses to
complete NYSESLAT testing?
A: Private schools are strongly recommended to use it as
a testing instrument, but are not obligated to use it. It has
no bearing on LEP funding.
Q. Is it correct that Title III LEP or Immigrant funds can
be lost and are not on a yearly basis?
A. Title III Immigrant funding only. It is possible for districts
to have carryover monies and zero allocation for a given school
year. You may access the carryover funds based on your finalized
expenditure report by submitting Form TIII-E(1), a budget and
budget narrative.
Q. If our allocation is slightly over the $10,000 amount can
we still join a consortium?
A. Yes, you may join a consortium with an allocation of $10,000
or more.
Q. Are two hour church pre-schools included in the Private
School Participation Form on page 55 of the 2011-12 Consolidated
Application?
A. The private school participation form must be completed
if the pre-school has a kindergarten grade or higher. If the
pre-school does not fit this description, a note should be included
in the application alerting the reviewer to this fact, to help
avoid confusion.
Q: How do we allocate when a private school cannot verify family
income?
A: There are four options that may be used for selecting
poverty students to generate funds for Title I student services
(see Private School Participation Form, Question 5). If a nonpublic
school refuses to provide income data and the other options
available are not acceptable, than that school is not eligible
to receive Title I-funded services.
Q: If the private school declines services what portion of
the form needs to be filled out?
A: Question 19 (last page of the Private School Participation
Form). Do not forget to get the signature of the nonpublic
school official.
Q: For private school Title 1 participation, does it matter
if the school typically has students who would be alternatively
assessed?
A: No. Eligibility for Title I services is determined by
whether or not a student residing in a Title I attendance area
attending a nonpublic school with at least one low-income student
from any Title I attendance area in the same LEA is failing
to meet NYS learning standards or is at risk of failing to meet
those standards. For students with Individualized Education
Programs (IEPs), the services proposed to be funded by Title
I must be outside the student's IEP (i.e., they must be supplemental
academic services and not part of a student's regular education
program which, for students with disabilities, is their IEP).
Q: Is there a way to indicate a private school closing next
year?
A: Obviously, no Consultation Form is needed. Since the Title
II-A advisory allocations for nonpublic schools are based on
enrollment data from a previous year, just ignore that
advisory number and proportionally redistribute their advisory
amount back among the other nonpublic schools located in the
LEA, plus, of course, the LEA itself. The advisory allocation
list will catch up with the closing once the enrollment data
reflect the closing.
Q: If the private school is located within a non-title I school
boundary area are they entitled to services?
A: Maybe. The first qualifying criteria for students in
a particular nonpublic school receiving Title I-funded services
depends on the residence location of the student, not the location
of the school. Many students attending a nonpublic school in
another LEA (could even be out of the State, if all the other
criteria are met) receive services funded by the LEA in
which they reside.
Q: Is there a way to access these presentations when the training
is over?
A: Yes, they are posted on the NCLB Technical Assistance
page.
http://www.p12.nysed.gov/nclb/consolidatedappupdate/ta/#webinars
Q: Where can we find the link to the 2011-12 Consolidated Application?
A: http://www.p12.nysed.gov/nclb/consolidatedappupdate/requiredforms.html
Q: If an LEA has not made changes in several years, and personnel
completing the form have changed, how can we get a copy of the
last full document submitted?
A: You may contact the Title I office for a copy of a previous
year’s submission.
Q: When will the allocation amounts be available?
A: Preliminary allocation amounts for Title I, Parts A and
D have already been posted. Final allocations will be posted
in January or February, 2012. Title II-A final allocations
have also been posted. Title III allocations should be posted
soon.
Q: I thought I read somewhere that the application should be
electronically submitted.
A: Electronically as in CD format, not by e-mail. As usual,
a hard copy of the Application is required along with the CD.
Q: Is the consolidated application always due on 8/31?
A: Yes. However, you may call in if you have a delay in order
to make accommodations.
Q: Who do we contact in order to correct BEDS data?
A: Peggy Hovish, (518) 473-2981 & Jim Bercharlie, (518)
474-7965.
Q: In previous years, a charter school was able to start as
a SWP program, provided that it completed all of the elements
required for it, including parent collaboration, during the
year before they were open. Is that no longer true?
A: It is still possible, as long as all the required steps
are completed in advance.
Q: Can you walk through the grants finance process, in terms
of when we should submit FS-25s and FS-10s, and when we can
expect payment? I know there is an initial 20% approval of funds
once the budget is approved, but I’m not sure when to file other
forms, etc.
A: There are three main documents on the Grants Finance page
under Guidance and Information:
http://www.oms.nysed.gov/cafe/guidance/
Frequently Asked Questions, Fiscal Guidelines for Federal and
State Grants, and A Guide to Grants Administration and Implementation
Resources. The one that best answers your question (and most
user-friendly) is the section on Forms and Instructions in Fiscal
Guidelines for Federal and State Grants:
http://www.oms.nysed.gov/cafe/guidance/guidelines.html#forms
The Consolidated Application budget cycle is:
FS-10: Proposed Budget (due 8/31 with project dates 9/1-8/31,
20% payment with approval)
FS-10 A: Proposed Amendment (no payments with this, explanation
must be completed)
FS-25: Request for Funds (can draw up to 90% of funds, see
requirements in guidance)
FS-10 F: Final Expenditure Report (will generate final payment
of 10% or balance of budget when processed)
Be sure you check your NCLB allocation report for EXCESS funds at least 30 days before the end of the grant and before submitting the FS-10 F to be sure you did not omit allowable expenditures.
Q: When will 2011-2012 Accountability Status information be
available?
A: Online reports are now available in the Business Portal,
and should be released prior to start of school.
Q: When will the allocations for the other titles for public
schools be online?
A: Title II-A is now posted; and Title III will be posted
soon.