NCLB

No Child Left Behind

Title I, Part A Legal and Regulatory Requirements

 

No Child Left Behind

Consolidated Application Update/
DCEP Addendum Update

2009-10

Title I, Part A

LEA Plan - Consultation, Plan Development, and Duration

LEA Plan must be developed in consultation with teachers, principals, administrators (including administrators of programs described in other parts of Title I), and other appropriate school personnel, including representatives designated by the appropriate collective bargaining units, and with parents of children in schools served under this part.

The Plan shall be available to the LEA’s parents and the public, and shall be in an understandable format and, to the extent practicable, in a language that the parents can understand.

If the Plan is not satisfactory to the parents of participating children, the LEA must submit any parent comments with such plan when the LEA submits the Plan to the State Education Department.

Each Plan shall remain in effect for the duration of the LEA’s participation under Title I, and must be reviewed and revised, as necessary.

If appropriate, the Plan should be developed in coordination with other programs.

Targeted Assistance Schools - Components of a Targeted Assistance School Program

To assist targeted assistance schools and LEAs to meet their responsibility to provide for all their students the opportunity to meet the State’s academic achievement standards, each targeted assistance program shall:
  • Use program resources to help participating children meet the State standards.
  • Ensure that planning for students served under this program is incorporated into existing school planning.
  • Use effective methods and instructional strategies that are based on scientifically based research that strengthens the core academic program of the school and that:
    • Give primary consideration to providing extended learning time, such as, extended school year, before/after school, and summer programs and opportunities;
    • Help provide an accelerated, high –quality curriculum, including applied learning; and
    • Minimize removing children from the regular classroom during regular school hours;
  • Coordinate with and support the regular educational program;
  • Provide instruction by highly qualified teachers;
  • Provide professional development opportunities for teachers, principals and paraprofessionals, including, if appropriate, pupil services personnel, parents, and other staff;
  • Provide strategies to increase parental involvement; and
  • Coordinate and integrate Federal, State and local services and programs.
Each school conducting a Targeted Assistance School Program shall assist participating students to meet the State's proficient and advanced levels of achievement by:
  • Coordinating resources provided for this program with other resources; and
  • Reviewing, on an ongoing basis, the progress of participating children and revising the targeted assistance program, if necessary, to provide additional assistance to enable children to meet the State’s standards, such as an extended school year, before- and after-school, and summer programs and opportunities, training for teachers regarding how to identify students who need additional assistance, and training for teachers regarding how to implement student academic achievement standards in the classroom.

Schoolwide Program Schools

Schoolwide programs must include the following components:
  • A comprehensive needs assessment of the entire school that is based on information which includes the achievement of students in relation to the State standards.
  • Schoolwide reform strategies that:
    • Provide opportunities for all children to meet the State’s proficient and advanced levels of student academic achievement;
    • Use effective methods and instructional strategies that are based on scientifically based research that:
      • Strengthen the core academic program in the school;
      • Increase the amount and quality of learning time, such as providing an extended school year and before and after-school and summer programs and opportunities; and
      • Include strategies for meeting the educational needs of historically under served populations.
    • Include strategies to address the needs of all children in the school, but particularly the needs of low-achieving children and those at risk of not meeting the State academic achievement standards; and address how the school will determine if such needs have been met;
    • Are consistent with, and are designed to implement the State and local improvement plans.
  • Instruction by highly qualified teachers.
  • High-quality and ongoing professional development for teachers, principals and paraprofessionals and, if appropriate, pupil services personnel, parents and other staff.
  • Strategies to attract high quality, highly qualified teachers to high needs schools.
  • Strategies to increase parental involvement.  Plans to assist preschool children to adjust to elementary school.
  • Measures to include teachers in decisions regarding the use of academic assessments.
  • Activities to ensure that students with difficulty in mastering the proficient or advanced standards are identified in a timely manner and provided with timely, effective assistance.
  • Coordination and integration of Federal, State, and local services and programs.

Local, State and Federal programs should be consolidated in the Schoolwide Program.

The school must provide and interpret individual student academic assessment results in a language parents can understand.

LEA Report Cards

Section 100.2(m) of the Commissioner’s Regulations set forth LEA report card requirements.

Notification Requirements for Parents of Limited English Proficient (LEP) Students

LEAs must notify parents of LEP students identified for participation or participating in Title I language instruction educational programs, no later than 30 days after the beginning of the school year.  The notification must include:

  • the reasons for the child’s identification as limited English proficient and in need of placement in a language instruction educational program;
  • the child’s level of English language proficiency and how it was assessed;
  • the status of the child’s academic achievements;
  • the methods of instruction used in the program and other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction;
  • how the program will meet the educational strengths and needs of the participating student;
  • how the program will specifically help their child learn English and meet age-appropriate academic standards for grade promotion and graduation;
  • the specific exit requirements for the program, including the expected rate of transition from the Title I funded program into classrooms that are not tailored for LEP students, and the expected rate of graduation from secondary school (if funds are used to support secondary school programs);
  • in the case of a child with a disability, how the Title I program meets the objectives of the child’s individualized education program;
  • information pertaining to parental rights that include the following written guidance:
    • detailing parental rights to have a child immediately removed from the program upon request;
    • detailing the options that parents have to decline to enroll their child in such program, or choose another program or method of instruction, if available; and
    • assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity.

Each eligible entity that is using Title I funds to provide a language instruction educational program and fails to make progress on the annual measurable achievement objectives must inform parents that the program has failed to make progress.  Parents must be notified no later than 30 days after the failure occurred. 

LEAs must notify parents within the first two weeks of their child being placed in a language instruction educational program, if the child has not been identified as a LEP student prior to the beginning of the school year.

Parent notification must be in an understandable and uniform format and to the extent practicable, provided in a language that the parents can understand.

LEAs must implement an effective means of outreach to parents of LEP students to inform parents of how they can be involved in the education of their children.

Eligible School Attendance Areas - Determination/Ranking Order/Measures/Allocations

LEAs must use Title I funds only in an “eligible school attendance area.”

  • the term school attendance area means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and
  • the term eligible school attendance area means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole.

If funds are insufficient to serve all eligible school attendance areas, LEAs must annually rank, without regard to grade spans Title I eligible schools in which the concentration of children from low income families exceeds 75 percent in descending order (from highest to lowest) on the basis of the total number of children from low-income families.  Eligible schools must be served in rank order.

If funds remain after serving all eligible attendance areas above 75 percent, an LEA shall annually rank the remaining eligible school attendance areas from highest to lowest either by grade span or for the entire LEA according to the percentage of children from low income families; and serve such eligible school attendance areas in rank order either within each grade span grouping or within the local educational agency as a whole.

LEAs must use the same measure of poverty to identify eligible schools, determine the ranking of each school, and to determine Title I allocations;

LEAs may designate and serve a school attendance area or school that is not eligible but that was eligible in the preceding fiscal year, but only for one additional fiscal year (Grandfather provision).

LEAs must reserve necessary Title I funds to provide comparable services to homeless children who do not attend Title I schools.  Educationally related support services must also be provided to children in shelters and other locations.  If applicable, Title I funds must be reserved for children in local institutions/programs for neglected and/or delinquent children.

Academic Assessment and LEA and School Improvement **- Local Review

LEAs must annually review, using the State academic assessments and other indicators, the progress of each Title I school to determine whether the school is making adequate yearly progress (AYP) as defined in section 1111(b)(2) and regulations of the Commissioner of Education.

LEAs are prohibited from using other indicators that reduce the number or change the schools that would otherwise be subject to school improvement, corrective action, or restructuring under section 1116.

LEAs must publicize and disseminate the results of their local annual review to parents, teachers, principals, schools and the community.

LEAs must review the effectiveness of the actions and activities the schools are carrying out with respect to parental involvement, professional development, and other Title I activities.

Academic Assessment and LEA and School Improvement** - School Improvement, Supplemental Educational Services and Public School Choice

New York State has been approved to implement a Differentiated Accountability Pilot Program for 2009-2014**  The requirements of Differentiated Accountability are set forth at Section 100.2(p) of the Commissioner’s Regulations.  See, also, http://www.p12.nysed.gov/nyc/APA/Differentiated_Accountability/DA_home.html.

LEAs must identify for school improvement those schools that failed to make adequate yearly progress (AYP) for two consecutive years as defined in the regulations of the Commissioner of Education.  Identification of such schools must occur before the beginning of the school year following the school’s failure to make AYP.

LEAs may choose to review the progress of only the students participating or eligible for services in targeted assistance schools.

In accordance with Differentiated Accountability requirements, LEAs with Title I schools identified for improvement in the 2009-10 school year must make supplemental educational services available to eligible students.

LEAs with schools identified for Title I school improvement – year 2 must provide all students enrolled in those schools with the option to transfer to another public school served by the LEA that is in good standing.  An explanation of available choice options must be given to parents no later than 14 days prior to the beginning of the school year.

LEAs must give priority to the lowest achieving children from low-income families when providing students the option to transfer.

If an LEA maintains a website, the LEA must post information regarding supplemental educational services and public school choice consistent with federal regulatory requirements.

Before identifying a school for school improvement, corrective action or restructuring, LEAs must provide such schools with an opportunity to review the school-level data, including academic assessment data that was used as the basis for identification.

LEAs must consider any supporting evidence presented by the school before making a final determination.  The final determination must occur no later that 30 days after the school had an opportunity to review the data.  LEAs must make public the final determination on the school’s identification status.

Approval of School Improvement Plans**

LEAs must establish (within 45 days of the receipt of school’s improvement plan) a peer review process to assist with the review of each school’s improvement plan.

LEAs must promptly review the school plan, work with the school and approve the plan if it meets all requirements.

Provision of Technical Assistance

LEAs must ensure that technical assistance is provided to schools as they develop and implement their school improvement plans.  Technical assistance must include assistance in analyzing assessment data, school budgets and resources to identify and address problems in instruction and problems, if any, in implementing Title I parental involvement and professional development requirements.  Technical assistance must be based on scientifically based research.

Failure to Make AYP After Identification**

Under Differentiated Accountability, LEAs must continue to make supplemental educational services available to eligible students.  LEAs must also provide all students enrolled in schools identified for Title I school improvement  - year 2 with the option to transfer to another public school served by the LEA that is in good standing.   An explanation of the available choice options must be given to parents no later than 14 days prior to the beginning of the school year.

LEAs must give priority to the lowest achieving children from low-income families when providing students the option to transfer.

Parental Notification

LEAs must promptly notify parents (in an understandable and uniform format and, to the extent practicable, in a language the parent can understand) of all students enrolled in a school that has been identified for school improvement, corrective action and/or restructuring.  The notification must include:

  • an explanation of what the identification means and how the school compares in terms of academic achievement to other schools served by the LEA;
  • the reasons for the identification;
  • an explanation of what the identified school is doing to address the problem of low academic achievement;
  • an explanation of what the LEA is doing to help the school address the achievement problem;
  • an explanation of how parents can become involved in addressing the academic issues that caused the identification of the school; and
  • an explanation of the availability of supplemental educational services (See section on “Supplemental Educational Services”) or of the parents’ option to transfer their child to another public school, including an explanation of the available choice options, as applicable.

Corrective Action**

The requirements of Differentiated Accountability are set forth in Section 100.2(p) of the Commissioner’s Regulations and at http://www.p12.nysed.gov/nyc/APA/Differentiated_Accountability/DA_home.html.

LEAs must implement a system of corrective action for schools identified for Title I school improvement that have failed to make adequate yearly progress by the end of the second full school year after identification.  Upon identification as a school in corrective action phase, the school must undertake a curriculum audit.

LEAs must continue to provide public school choice to all students; continue to make supplemental educational services available to eligible students who remain in the school and continue to provide technical assistance while instituting any corrective action.

LEAs must identify schools for corrective action and, to the extent permitted by State law and existing collective bargaining agreements (CBAs), take at least one of the following corrective actions:

  • replace the school staff who are relevant to the failure to make adequate yearly progress;
  • institute and fully implement a new curriculum, including providing appropriate professional development for all relevant staff, that is based on scientifically based research and offers substantial promise of improving educational achievement for low-achieving students and enabling the school to make adequate yearly progress;
  • significantly decrease management authority at the school level;
  • appoint an outside expert to advise the school on its progress toward making adequate yearly progress, based on its school plan;
  • extend the school year or school day for the school; and
  • restructure the internal organizational structure of the school.

LEAs may delay, for a period not to exceed one year, the implementation of corrective action and/or restructuring requirements, if the school makes AYP for one year or if its failure to make AYP is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the LEA’s or school’s financial resources.

LEAs must publish and disseminate information regarding any corrective action the LEA takes at a school to the public and to the parents of enrolled students.  The notification must be in an understandable and uniform format, and, to the extent practicable, provided in a language that the parents can understand.  Information should be disseminated through such means as the Internet, the media and public agencies.

Restructuring**

The requirements of Differentiated Accountability are set forth in Section 100.2(p) of the Commissioner’s Regulations and at http://www.p12.nysed.gov/nyc/APA/Differentiated_Accountability/DA_home.html.

Failure to make AYP:  If a school subject to corrective action fails, after two full years, to make AYP then the LEA must:

  • continue to provide all students enrolled in the school the option to transfer to another public school served by the LEA,
  • continue to make supplemental educational services available to children who remain in the school; and
  • prepare a plan to carry out alternative governance activities.

Alternative Governance:  No later than the beginning of the school year following the year in which the LEA became subject to the restructuring provisions, such LEA must implement one of the following alternative governance arrangements, to the extent permitted by State law and existing collective bargaining agreements (CBA), for schools subject to restructuring:

  • reopening the school as a public charter school;
  • replacing all or most of the school staff (which may include, but may not be limited to, replacing the principal) who are relevant to the failure to make adequate yearly progress;
  • entering into a contract with an entity, such as a private management company, with a demonstrated record of effectiveness to operate the public school;
  • turning the operation of the school over to the State, if permitted under State Law, and agreed to by the State;
  • any other major restructuring of the school’s governance arrangement that makes fundamental reforms, such as significant changes in the school’s staffing and governance, to improve student academic achievement in the school, and that also shows substantial promise of enabling the school to make adequate yearly progress. 

Prompt Notice:  LEAs must promptly notify teachers and parents of the Restructuring status and/or actions to be taken against school(s).  Parents and teachers must be provided adequate opportunities to make comments before the LEA takes any action against the school(s).  They must also be provided opportunities to participate in the development of any plan.

Funds for Transportation and Supplemental Educational Services

LEAs must reserve an amount equal to 20% of their Title I allocation to provide or pay for public school choice-related transportation costs and supplemental educational services for schools identified for School Improvement, Corrective Action and/or Restructuring.  An LEA may include its costs for outreach and assistance to parents concerning their choice to transfer their child or request supplemental educational services, up to an amount equal to 0.2% of its allocation under Title I, Part A, subpart 2.  If costs are less than 20%, the LEA does not need to spend the amount needed to meet its 20% obligation, as long as the LEA meets certain conditions (see 34 CFR §200.48(d)) and obtains SEA approval.  Otherwise, the unexpended amount must be spent the following year, in addition to the 20% required for that year.  The breakdown of the 20% setaside is as follows:

  • LEAs must provide or pay for the provision of transportation for students participating in the public school choice option.  LEAs must spend an amount equal to five percent of its Title I allocation to provide or pay for transportation for students participating in the choice option.
  • LEAs must spend an amount equal to five percent of its Title I allocation to provide supplemental educational services.  Five percent is the minimum amount that LEAs are required to spend for supplemental educational services.
  • LEAs must spend an amount equal to the remaining 10% (of the required 20% set-aside) for choice-related transportation, supplemental educational services, or both, as determined by the LEA.  If the amount of funds reserved is insufficient to provide the supplemental educational services to each child whose parents requested the service, the LEA must give priority to providing services to the lowest achieving students.
  • LEAs are prohibited from reducing by more than 15%  the total Title I amount available to each school identified for corrective action or restructuring.

Cooperative Agreements

If all public schools served by the LEA to which a child may transfer are identified for school improvement, corrective action or restructuring, the LEA must (to the extent practicable) establish a cooperative agreement with other LEAs in the area for transfer options.

Duration

If a school identified for school improvement, corrective action or restructuring makes AYP for two consecutive school years, the LEA shall no longer subject the school to the requirements of school improvement, corrective action or restructuring or identify the school for school improvement for the succeeding year.

LEAs must permit a child who has transferred to another school via the choice option to remain in that school until the child has completed the highest grade in that school.  The LEA’s obligation to provide or pay for choice-related transportation for a child ends at the end of the school year if the LEA determines that the school from which the child has transferred is no longer identified for school improvement, or subject to corrective action or restructuring.

Supplemental Educational Services**

LEAs must arrange for the provision of supplemental educational services, as selected by the parents and approved by the SEA, to eligible school children.  Supplemental educational services are to be provided to students until the end of the school year.  See Part 120 of the Commissioner's Regulations.

LEAs must provide to parents, at a minimum, annual notice of (1) the availability of services; (2) the identity of approved providers of services that are within the LEA or whose services are reasonably available in neighboring LEAs; (3) a brief description of the services, qualifications and demonstrated effectiveness of each program including an indication of those providers who are able to serve students with disabilities or limited English proficient students; and 4) an explanation of the benefits of receiving such services.  Such notice shall be in an understandable and uniform format and, to the extent practicable, in a language the parents can understand.  The notice must be clear and concise and distinguishable from other information sent to parents.

If requested, LEAs must assist parents in choosing a provider from the list of approved providers.

LEAs must apply fair and equitable procedures for serving students if the number of spaces in the supplemental educational services program is insufficient to serve all students.   If the amount of funds available pursuant to the NCLB is insufficient to provide supplemental educational services to eligible students whose parents request such services, priority is given to providing the services to the lowest-achieving eligible students.

LEAs may not disclose to the public the identity of any student who is eligible for, or receiving, supplemental educational services without the written permission of the student’s parent(s).

LEAs must enter into an agreement with State-approved providers of supplemental educational services.  Required elements of the agreement as outlined in section 120.4(f)(8) of the Regulations of the Commissioner of Education must be incorporated into the agreement.

LEAs must monitor the quality and effectiveness of the services offered by each approved provider with which a LEA contracts, and the responsibilities of each provider, in accordance with section 120.4(f)(9)(ii) of the Regulations of the Commissioner of Education.

LEAs must notify the State Education Department of any noncompliance by an approved provider with respect to the provider's responsibilities, including immediate notification to the Department of any noncompliance involving a threat to the health and/or safety of students [8 NYCRR Section 120.4(f)(10)].  LEAs must submit to the State Education Department an annual monitoring report of its approved providers [8 NYCRR Section 120.4(f)(11)].

LEA Improvement**

The State must identify for improvement any LEA that has failed to make adequate yearly progress for two consecutive years, as specified in section 100.2(p)(7) of Commissioner's regulations.

LEAs identified for improvement must develop or revise their LEA Plan within three months of being identified.  The Plan must be developed in consultation with parents and school staff.

The LEA Improvement Plan must address the following elements:

  • incorporate scientifically-based research strategies that strengthen the core academic program in schools served by the LEA;
  • identify actions that have the greatest likelihood of improving the achievement of participating children in meeting the State’s student academic standards;
  • address the professional development needs of the instructional staff via the commitment of at least 10% of the LEA’s Title I allocation for each fiscal year that the LEA is identified for improvement.  This set-aside amount includes any set-aside for professional development for schools identified for school improvement.  However, the mandated 10% set-aside excludes funds reserved for professional development under Section 1119 to enable teachers who are not highly qualified, to become highly qualified.
  • include specific measurable achievement goals and targets for each group of students identified in the disaggregated data;
  • address the fundamental teaching and learning needs in the schools and the specific academic problems of low-achieving students, including a determination of why the prior LEA Plan failed to bring about increased student academic achievement;
  • incorporate, as appropriate, activities before school, during the summer and during an extension of the school year;
  • specify the responsibilities of the State and LEA under the Plan, including specifics of the technical assistance to be provided by the State and the LEA’s responsibilities under Section 1120A; and
  • include strategies to promote effective parental involvement in the school.

LEAs must expeditiously implement the Plan (including a revised LEA Plan).  The Plan must be implemented no later than the beginning of the next school year after the LEA has been identified for improvement. Technical assistance by the Regional School Support Center (RSSC) may include:

  • Assistance in developing and implementing the LEA’s Plan for Improvement
  • Technical assistance to enhance the LEA’s efforts with Title I Schools in Need of Improvement and Title I Corrective Action Schools.
  • Assistance based on scientifically based research to support:
    • Improved instructional strategies;
    • Parental involvement;
    • Professional development.

Parental Involvement - LEA Policy

LEAs must implement programs, activities and procedures for the involvement of parents in Title I programs.  Such programs, activities and procedures must be planned and implemented with meaningful consultation with parents of participating children.

LEAs must jointly develop a written parental involvement policy with parents of participating children.  The policy must be incorporated into the LEA plan and also disseminated to parents.

The written parent involvement policy must describe how the LEA will:

  • involve parents in the joint development of the LEA Title I plan and the process of school review and improvement;
  • provide coordination, technical assistance and other support necessary to assist participating schools in the planning and implementation of effective parental involvement activities to improve student academic achievement and school performance;
  • build the schools’ and parents’ capacity for strong parental involvement;
  • coordinate and integrate parental involvement strategies with parental involvement strategies under other programs, such as the Head Start, Reading First, Early Reading First, Even Start, Parents as Teachers, Home Instruction Program for Preschool Youngsters, and State-run preschool programs;
  • conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the schools served under this part, including identifying barriers to greater participation by parents in activities authorized by this section (with particular attention to parents who are economically disadvantaged, disabled, have limited English proficiency, limited literacy, or are of any racial or ethnic minority background), and use the findings of such evaluation to design strategies for more effective parental involvement, and to revise, if necessary, the parental involvement policies described in this section; and
  • involve parents in the activities of the schools served under Title I.

LEAs must reserve at least one percent of their Title I allocations to carry out parental involvement activities, if the Title I allocation is over $500,000 including the promotion of family literacy and parenting skills.  At least ninety-five percent (95%) of the reserved allocations must be distributed to Title I schools.  Parents of participating children must also be involved in decisions regarding how the reserved funds are allotted for parental involvement activities.

Parental Involvement - School Parental Involvement Policy

Each school receiving Title I funds must jointly develop with, and distribute to, parents of participating children a written parental involvement policy.  Parents must be notified of the policy in an understandable format and, to the extent practicable, in a language they can understand.  LEAs must submit to the State any comments made by parents regarding LEA Title I Plans when they submit their LEA Plans.

Parental Involvement - Policy Involvement

Each school must involve parents, in an organized, ongoing and timely way, in the planning, review and improvement of programs.

Parental Involvement - Shared Responsibilities for High Student Academic Achievement

Each school shall jointly develop with parents of served students a school-parent compact that outlines how parents, school staff and students will share the responsibility for improved academic achievement.

Parental Involvement - Building Capacity for Involvement

LEAs must ensure the effective involvement of parents and support partnerships among the school, parents and community to improve student academic achievement.  The LEA must build the schools’ and parents’ capacities for involvement through the implementation of required parental involvement activities.

Parental Involvement - Accessibility

LEAs and schools must provide full opportunities for the participation of parents with limited English proficiency, parents with disabilities, and parents of migratory children, including providing information and school reports in a format, and to the extent practicable, in a language, parents can understand.

Teachers’ and Paraprofessionals’ Qualifications - Teachers

LEAs must ensure that all teachers teaching in core academic subjects who are employed by the LEA are highly qualified by the end of the 2005-2006 school year or, if subject to a permitted extension, are highly qualified by the end of the extension period, and are receiving high quality professional development to enable them to become highly qualified and effective classroom teachers.  [34 CFR 200.55, 200.56, 200.57]

LEAs must have a plan to ensure that, through incentives for voluntary transfers, professional development, recruitment programs, or other effective strategies, minority students and students from low-income families are not taught at higher rates than other students by unqualified, out-of-field, or inexperienced teachers.  [34 CFR 200.57(b)(2)]

LEAs must publicly report each year, beginning with the 2002-2003 school year, the annual progress of the LEA as a whole, and of each school served by the LEA, in meeting the measurable objectives listed in the State Plan.   LEAs must ensure that the data submitted to SED on the qualifications of teachers and teachers’ professional development are complete and accurate, and that records are kept for no less than six years from the end of the school year in which each teacher is employed.

Guidance on the federal requirement for highly qualified teachers and paraprofessionals can be found at www.highered.nysed.gov/nclbhome.htm.

Teachers’ and Paraprofessionals’ Qualifications – Paraprofessionals

LEAs must ensure that all paraprofessionals providing instructional support and working in a program supported with Title I funds or a Title I schoolwide program, satisfy the qualification requirements by the end of school year 2005-2006.  Paraprofessionals who are proficient in English and a language other than English and whose primary responsibilities are providing translation services to enhance participation of limited English proficient children in the program, or whose instructional support duties consist solely of conducting parental involvement activities, are exempted from the above-noted qualification requirements, but must have earned a high school diploma or its recognized equivalent.  Requirements are:

  • completed at least two years of study at an institution of higher education; or
  • obtained an associate’s (or higher) degree; or
  • passed a rigorous formal State or local academic assessment designed to demonstrate knowledge of and the ability to assist in instruction in reading, writing and math, or reading readiness, writing readiness and math readiness.

LEAs must ensure, if applicable, that their local assessment requires individuals to demonstrate knowledge of and the ability to assist in instruction in reading, writing and math, or reading readiness, writing readiness and math readiness.   (See SED website for more detailed guidance on the local assessment option for paraprofessionals.)

LEAs must ensure that paraprofessionals working in a program supported with Title I funds work under the direct supervision of a highly qualified teacher and are not assigned duties inconsistent with section 1119(g).  [34 CFR 200.59]

Guidance on the federal requirement for highly qualified paraprofessionals and teachers can be found at www.highered.nysed.gov/nclbhome.htm.

Teachers’ and Paraprofessionals’ Qualifications - Verification of Compliance

LEAs must require the principal of each Title I school to attest annually in writing as to whether the school is in compliance with the requirements of section 1119 “Qualifications for Teachers and Paraprofessionals”).  Copies of attestations must be maintained at each Title I school and at the LEA’s main office.  This information must be available to any member of the general public upon request.

Teachers’ and Paraprofessionals’ Qualifications - Professional Development

LEAs must use not less than five percent, nor more than ten percent, of their Title I funds for professional development activities for fiscal years 2002 and 2003.  A minimum of five percent of an LEA’s Title I allocation must be used for professional development for each fiscal year after 2003. All teachers of core academic subjects must receive high quality professional development to become highly qualified and effective classroom teachers.  [34 CFR 200.57(a)((2)(i)(B) and USDOE’s written interpretation of it provided to SED]

Parents Right-to-Know

At the beginning of each school year, LEAs must notify the parents of each student attending a school receiving Title I funds that the parents may request, and the LEA will provide on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers and whether the child is provided services by a paraprofessional (and if so, their qualifications).

Every school receiving Title I, Part A funds must provide to each parent information on the level of achievement of the parent’s child in each of the State academic assessments required under 34 CFR 200.2 and timely notice that the parent’s child has been assigned, or has been taught for four or more consecutive weeks by, a teacher of a core academic subject who is not highly qualified.  [34 CFR 200.61(b)]

Participation of Children Enrolled in Private Schools - General Requirements

Private school consultation/collaboration is not required by Charter School LEAs.

Offer equitable educational services or other benefits supported by Title I, Part A federal funds to private school students appropriately identified within the LEA.

Use federal funds for services to private school students only for secular, non-ideological and neutral purposes.

LEAs must consult with private school officials during the design and development of its programs and before any decisions are made that affect the opportunities of eligible private school children to participate in the Title I, Part A program.  Consultation must include meetings of the LEA and the appropriate officials of the private school.  Consultation must also include a discussion of service delivery mechanisms that would provide equitable services to private school children and issues such as those included under section 1120(b)(1).

“(b) CONSULTATION.—

“(1) IN GENERAL.--To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials during the design and development of such agency’s programs under this part, on issues such as—

“(A)  how the children’s needs will be identified;
“(B)  what services will be offered;
“(C)  how, where, and by whom the services will be provided;
“(D)  how the services will be academically assessed and how the results of that assessment will be used to improve those services;
“(E)  the size and scope of the equitable services to be provided to the eligible private school children, and the proportion of funds that is allocated under subsection (a)(4) for such services;
“(F)  the method or sources of data that are used under subsection (c) and section 1113(c)(1) to determine the number of children from low-income families in participating school attendance areas who attend private schools;
“(G) how and when the agency will make decisions about the delivery of services to such children, including a thorough consideration and analysis of the views of the private school officials on the provision of services through a contract with potential third-party providers; and
“(H) how, if the agency disagrees with the views of the private school officials on the provision of services through a contract, the local educational agency will provide in writing to such private school officials an analysis of the reasons why the local educational agency has chosen not to use a contractor.“

LEAs must maintain and provide to SED written affirmation that the required consultation has occurred.  Such affirmation must be signed by officials of each participating private school.  If such affirmation is not provided by the private school official in a reasonable time, the LEA shall forward documentation that the required consultation has taken place.

After timely and meaningful consultation with appropriate private school officials, LEAs must provide private school children on an equitable basis, special educational services or other benefits under Title I, Part A that address their needs.  LEAs must also ensure that the teachers and families of these children participate on an equitable basis in parental involvement, professional development services and other appropriate activities.

Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas, based upon the number of children from low-income families who attend private schools, as determined by the LEA annually or biennially.

“(c) ALLOCATION FOR EQUITABLE SERVICE TO PRIVATE SCHOOL STUDENTS.—
“(1) CALCULATION.—A local educational agency shall have the final authority, consistent with this section, to calculate the number of children, ages 5 through 17, who are from low-income families and attend private schools by—
“(A) using the same measure of low income used to count public school children;
“(B) using the results of a survey that, to the extent possible, protects the identity of families of private school students, and allowing such survey results to be extrapolated if complete actual data are unavailable;
“(C) applying the low-income percentage of each participating public school attendance area, determined pursuant to this section, to the number of private school children who reside in that school attendance area; or
“(D) using an equated measure of low income correlated with the measure of low income used to count public school children.

“(2) COMPLAINT PROCESS.—Any dispute regarding low-income data for private school students shall be subject to the complaint process authorized in section 9505.

Fiscal Requirements - Supplement, Not Supplant

LEAs must use Title I funds only to supplement the funds that would, in the absence of such Title I funds, be made available from non-federal sources for the education of students participating in Title I programs, and not to supplant such other funds.

Fiscal Requirements - Comparability of Services

Except as provided in paragraphs (4) and (5) of section 1120A, LEAs may receive Title I funds only if State and local funds will be used in Title I schools to provide services that, taken as a whole, are at least comparable to services in schools that do not receive Title I funds.

An LEA serving all of its schools under Title I may receive funds under Title I only if the LEA will use State and local funds to provide services that, taken as a whole, are substantially comparable in each school.

An LEA may meet these comparability requirements on a grade-by-grade or school-by-school basis.

LEAs must develop procedures for compliance with the comparability provision, and maintain records that are updated biennially to document their compliance.

Coordination Requirements - General

LEAs must carry out those activities described under section 1120B(b) that increase coordination between the LEA and a Head Start agency and, if feasible, other entities carrying out early childhood development programs, such as the Early Reading First program, serving children who attend the LEA’s schools.

NCLB Required Set-Asides

LEAs must reserve an amount equal to 20% of their Title I allocation to provide or pay for public school choice-related transportation costs and supplemental educational services, unless a lesser amount is needed to comply with the transportation provision and to satisfy all requests for supplemental educational services.  (See section on “Funds for Transportation and Supplemental Educational Services”).  The breakdown is as follows:

  • an amount equal to 5% must be reserved for supplemental educational services;
  • an amount equal to 5% must be reserved for the provision or payment of choice-related transportation; and
  • an amount equal to the remaining 10% must be reserved for choice-related transportation, supplemental educational services, or both, as determined by the LEA.

LEAs are prohibited from reducing the total Title I, Part A amount available to each school identified for Title I corrective action or restructuring by more than 15%.

LEAs identified for Title I LEA Improvement – Comprehensive must annually setaside at least ten percent of their Title I, Part A allocation to address professional development needs of the instructional staff.  LEAs identified for Title I LEA Improvement – Basic or Improvement – Focused may be required to setaside such amount in accordance with Differentiated Accountability requirements.

NOTE: The LEA setaside amount includes any school setaside(s) for professional development for schools identified for school improvement.  However, the required ten percent setaside excludes funds reserved for professional development under section 1119 to enable teachers who are not highly qualified, to become highly qualified.

LEAs must set aside not less than 5% of their Title I funds to enable teachers who are not highly qualified, to become highly qualified.

LEAs must set aside at least 1% of their Title I allocation to promote parent involvement, including family literacy and parenting skills, if the TitleI allocation is greater than $500,000.  Not less than 95% of the required 1% of the parental involvement set-aside must be distributed directly to Title I schools.

If applicable, the LEA must reserve Title I funds that are necessary to provide services comparable to those provided to children in schools funded to serve:

  • Homeless children who do not attend participating Title I schools, including providing educationally related support services to children in shelters and other locations where they may live;
  • Children in local institutions for neglected children; and
  • If appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs.

Ensure that federally funded early childhood development services to children below compulsory school age comply with the performance standards associated with Head Start.

Assure that children who are economically disadvantaged, children with disabilities, migrant children, and limited English proficient (LEP) children are eligible for Title I, Part A services on the same basis as other children that are selected for services.  Thus, schools are no longer required to demonstrate that the needs of LEP students stem from educational deprivation and not solely from their limited English proficiency.  Similarly, schools are no longer required to demonstrate that the needs of children with disabilities stem from educational deprivation and not solely from their disabilities.

Provide pupils newly enrolled in a school building appropriate compensatory education services no later than 30 days after enrollment.

 

*The citations contained herein are to the Public Law provisions of the No Child Left Behind Act. of 2001.  For the codified version of the public law, see 20 U.S.C §§6301-6339 (Title I, Part A); 20 U.S.C. §§6421-6472 (Title I, Part D); 20 U.S.C. 6601-6651 (Title II, Part A); 20 U.S.C. §§6751-6777 (Title II, Part D); 20 U.S.C. §§6811-6871 (Title III, Part A); U.S.C. §§7101-7165 (Title IV, Part A).

 **Section 100.2(p) of the Commissioner’s Regulations sets forth requirements relating to this section.

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Last Updated: October 13, 2009