NCLB

No Child Left Behind

Title IV, Part A Legal and Regulatory Requirements

 

No Child Left Behind

Consolidated Application Update/
DCEP Addendum Update

2009-10

Title IV, Part A – Safe and Drug Free Schools and Communities

The purpose of Title IV, Part A is to support programs that prevent violence in and around schools; that prevent the illegal use of alcohol, tobacco and drugs; that involve parents and communities; and that are coordinated with related Federal, State, school and community efforts and resources to foster a safe and drug-free learning environment that supports student academic achievement.

Consultation

A local educational agency shall develop its application through timely and meaningful consultation with State and local government representatives, representatives of schools to be served (including private schools), teachers and other staff, including representatives of appropriate collective bargaining units, parents, students, community-based organizations, and others with relevant and demonstrated expertise in drug and violence prevention activities (such as medical, mental health, and law enforcement professionals).

A local educational agency at the initial stages of design and development of a program or activity shall consult with these appropriate entities and persons on issues regarding the design and development of the program or activity, including efforts to meet the principles of effectiveness.

On an ongoing basis the local educational agency shall consult with such representatives and organizations in order to seek advice regarding how best to coordinate such agency’s activities under this subpart with other related strategies, programs, and activities being conducted in the community.

Participation by Private School Children and Teachers - General Requirements

Children enrolled in private elementary and secondary schools (and their teachers) must be provided equitable educational services or other benefits, compared to services and benefits received by public school children and teachers.

Use federal funds only for secular, neutral and non-ideological purposes.

LEAs must consult with appropriate private school officials during the design and development of the programs and before any decisions are made that affect the opportunities of eligible children, teachers and other educational personnel to participate in the program. Consultation must include a discussion of service delivery mechanisms that would provide equitable services to private school children, teachers, administrators and other staff and issues such as those included under section 9501(c)(1) as set forth below.  
(c) Consultation
(1)     In general.  To ensure timely and meaningful consultation, an LEA shall consult with appropriate private school officials during the design and development of the programs under this chapter, 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 assessed and how the results of the 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, teachers, and other educational personnel and the amount of funds available for those services; and
(F) how and when the agency, consortium, or entity will make decisions about the delivery of services, including a thorough consideration and analysis of the views of the private school officials on the provision of contract services through potential third-party providers.

If the LEA disagrees with the views of the private school officials on the provision of services through a contract, the LEA must provide to the private school officials a written explanation of the reasons why the LEA has chosen not to use a contractor.

Principles of Effectiveness

Safe and Drug Free Schools and Communities programs and activities must meet the “principles of effectiveness.”  To meet these principles a program or activity must:

  • be based on an assessment of objective data regarding the incidence of violence and illegal drug use in the elementary and secondary schools and communities being served, including an objective analysis of the current conditions and consequences regarding violence and illegal drug use, including delinquency and serious discipline problems, among students who attend such schools that is based on ongoing local assessment or evaluation activities;
  • be based on an established set of performance measures aimed at ensuring that the elementary and secondary schools and communities to be served by the program have a safe, orderly and drug free learning environment;
  • be based on scientifically based research that provides evidence that the program to be used will reduce violence and illegal drug use, or request a waiver to allow innovative activities or programs that demonstrate substantial likelihood of success in reducing violence and illegal drug use;
  • be based on an analysis of the data reasonably available at the time, of the prevalence of risk factors, including high or increasing rates of reported cases of child abuse and domestic violence; protective factors, buffers, assets; or other variables in schools and communities identified through scientifically based research; and
  • include meaningful and ongoing consultation with, and input from, parents in the development of the application and administration of the program or activity.

Plan for Keeping Schools Safe and Drug Free

The LEA or school to be served must have a plan for keeping schools safe and drug free with includes:

  • appropriate and effective school discipline policies that prohibit disorderly conduct, the illegal possession of weapons, and the illegal use of, possession, distribution, and sale of tobacco, alcohol, and other drugs by students
  • security procedures at school and while students are on the way to and from school
  • prevention activities designed to create and maintain a safe, disciplined, and drug free environment
  • a crisis management plan for responding to violent or traumatic incidents on school grounds
  • a code of conduct policy that states the responsibilities of students, teachers, and administrators in maintaining a classroom environment that allows all students in the class to learn; allows the teacher to communicate effectively to all students in the class; has fair and developmentally appropriate consequences; considers the student and the circumstances of the situation; is enforced accordingly.

Administrative Costs 

A local education agency may use not more than two percent of the amount it receives for the administrative costs of carrying out its responsibilities.

Security Cap

A local education agency may only use 20 percent of its allocation for security equipment and activities and may increase to 40 percent if hiring and training a school security officer.

Periodic Evaluation

The program or activity shall undergo a periodic evaluation to assess its progress toward reducing violence and illegal drug use in schools to be served based on performance measures.

The results shall be used to refine, improve, and strengthen the program, and to refine the performance measures, and shall also be made available to the public upon request, with public notice of such availability provided.

Waiver

A Local Education Agency (LEA) may apply to the state for a waiver to allow for innovative activities or programs that demonstrate substantial likelihood of success.
The application and all waivers will be available for public review after the submission of the application.

Reporting

Each LEA shall submit to the SEA such information that the State requires, including a description of how parents were informed of, and participated in, violence and drug prevention efforts.

The district will provide data regarding the circumstances surrounding any suspensions imposed under New York State Law, Section 3214(3)(d) with respect to firearms, including the name of the school concerned, the number of students suspended from the school, and the type of firearm concerned.

Information shall be made readily available to the public.

 

*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).  

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Last Updated: August 25, 2009