ESEA Title IIA Requirement to Recalculate Equitable Services
Portion for Non Public or Private Schools Q & A - December 2011
To put the following questions in perspective, please read the Title IIA
proposal located at:
http://www.p12.nysed.gov/nclb/docs/iia-proposal-non-pub-11-11.pdf
- Pre-Recorded
Webinar for LEAs
| Pre-Recorded
Webinar for Non-public & Private Schools - November 22, 2011
Questions from LEAs| Questions from Non-public/Private Schools
Q: We currently transfer funds out of Title IIA to Title I. Would those
transfer funds be included in the calculation for this year?
A: Funds from Title IIA can only be transferred into Title I for
the purposes of Title I. Upon completion of transfer, those funds
no longer become part of the calculation for Title IIA; however,
they must now be included as part of the equitable services portion
to non-public/private schools under the rules for Title I.
Q: Are non-public/private schools allowed to object to how we want to spend
the LEA Title IIA allocation?
A: Decisions regarding the expenditures of Title IIA allocations
should be determined in consultation with the non-public/private
schools. Discussions should represent fair and respectful decisions
that best meet the needs of students in both the LEA and the non-public/private
schools.
Q: We use most of Title IIA for professional development. In following
the calculations, we would need to reserve $23,636 for the non-public/private
schools. Is this figure per year of miscalculation or one time
now?
A: Assuming that the $23,636 is based on the application of the
posted formula for FY 2011-12, that amount of equitable services
is for FY 2011-12 only. A plan is being developed for the recalculation
of equitable services dating back to FY 2007-08 and prorating any
needed adjustments over the next five years. Further guidance will be developed
following the receipt of public comment to the email address CONAPPTA@mail.nysed.gov with
the subject line “Title IIA/Non-Public (deadline December 12, 2011).
Q: If we "overprovided" services to the non-publics over the
past 5 years, why couldn't we pro-rate that overprovision for the
next 5 years? Meaning that we'd reduce the services to the non-publics
each of the next 5 years by the pro-rated amounts?
A: Advisory allocations were always considered “minimum” amounts
for services that could be equitably shared. Since regulations
allow for additional services to be provided, there can be no “penalty”
to the non-public/private schools for having received services
in excess of “minimum.”
Q: In regard to calculation of the Hold Harmless amount, if we don't have
records of how funds were spent in 2001-2002, how do we do the
calculation?
A: We are developing guidance that instructs LEAs to use the records
of FY 2001-02 as the primary source of data IF THEY EXIST. If
records no longer exist, LEAs will use ONLY the Eisenhower dollar
amount that can be located in a column on the Excel sheet provided
online (found as a web link under the table that contains the formula).
If FY 2001-02 records no longer exist, LEAs will not include any portion
of the Class Size Reduction column.
Q: Can we use rollover funds?
A: Yes, Title IIA carryover funds may be used.
Q: When do we need to complete these calculations and decide how we're
going to provide the additional services to the non-publics? Is there
some kind of form or letter we need to send SED to explain what
we decide?
A: More details regarding timelines and documentation will be
forthcoming. The purpose of the webinars and access to the Q & A is
for public comment and feedback before finalizing the guidance.
Deadline for public comment is December 12, 2011. Comments may be forwarded
through email to: CONAPPTA@mail.nysed.gov with
the subject heading: Title IIA/Non-Public.
Q: Do we ignore the non-public/private schools that have closed prior to
this year?
A: Yes.
Questions from Non-public/Private Schools:
Q: Do we know which LEAs underfunded the equitable participation provision
and by how much?
A: This information is not available. The information required
must come from each individual LEA, and there is no way, at this
time, to centralize that data.
Q: How is SED verifying whether LEAs are using Class Size Reduction appropriately?
For example, how is Class Size Reduction defined so as to guard
against LEAs using Title IIA to supplant state and local funds
by hiring teachers that were subject to lay-offs due to cuts in
state funding?
A: The United States Education Department has provided guidance
to NYSED that it is allowable for LEAs to use Title IIA funds in
tight fiscal times to fund teachers who would have lost their jobs with
a resulting increase in class sizes. Detailed documentation is
required and must be maintained by the LEA.
Q: Will non-publics get possible new funds from the LEA looking back or
only looking forward from today on?
A: The answer is very LEA-specific. There is no guarantee of new
funds. The proposal indicates three possible results after recalculation:
1. additional services must be provided to non-public/private school
teachers, or
2. no change in services to non-public/private school teachers
is warranted, or
3. delivery of services to non-public/private school teachers exceeded
the amount of
services required as a result of the recalculated allocations.
Q: As LEAs recalculate, the Eisenhower figure for FY 2001-02 provides the
lowest possible allocation for their non-public/private schools.
Is this correct?
A: In the absence of detailed records dating back to FY 2001-02,
the Eisenhower allocation for that year will be used as the Hold
Harmless amount. The LEA must also calculate the equitable portion
of professional development funds used in the current fiscal year. This
gives two separate and distinct totals (a total for FY 2001-02 and a total
for the current year). The LEA must provide equitable services based on
the LARGER of these two totals.
Q: Will SED advise nonpublic schools as to what records to request from
the LEA to find out the Hold Harmless amount?
A: This is a matter of public record and could be provided upon
request during the consultation process.
Q: Will the adjustments going forward be protected even if Congress reauthorizes
ESEA and changes Title IIA provisions/funding levels? What happens
if during this 5-year period Title IIA is eliminated? Will the
reimbursement still be forthcoming?
A: There is no way to predict future changes. Solutions will have
to be developed as circumstances change.
Q: Our school moved to a new school district 2 years ago. How will this
work for us since we worked with two different LEAs?
A: Thank you for asking the question. This is a scenario that
has not yet been considered, and we will provide guidance. If you
have any suggestions for us to think about as we move forward,
please email them to the CONAPPTA@mail.nysed.gov address
with subject line “Title IIA/Non-Public” by December 12.
Q: If budgets are set and Title IIA funds have been distributed already
for 2011-2012, would the LEA still be able to ask for these funds
back if they “overprovided” for services?
A: As long as this fiscal year is current, the LEA can choose to
make changes in the Title IIA budget. Any changes that affect
the equitable services portion of Title IIA should be made in consultation
with the non-public/private schools.
Q. Will each non-public/private school within an LEA be able to choose
their own timeline for disbursement or will they need to have the same
timeline?
A. Remember that there are no guarantees that an LEA must provide
additional services (see one of three outcomes above). However,
if additional services must be provided, the district must consult
with the non-public/private schools to collectively decide how
to make those changes. With that said, NYSED will take under consideration
the option of choice prior to finalizing guidance.
Q: Does "current expenditures for PD" include only Title IIA
or other programs as well?
A: Only Title IIA. There are requirements for equitable sharing
of resources under Title I; however, the formula and requirements
for Title I are different than Title IIA.