NCLB

No Child Left Behind

Title IV, Part B Legal and Regulatory Requirements

 

No Child Left Behind

Consolidated Application Update/
DCEP Addendum Update

2009-10

Title IV, Part B - Rural Education Achievement Program (REAP)

Part B of Title VI of NCLB contains two Rural Education Achievement Program (REAP) initiatives.  These initiatives are designed to help rural school districts that lack the personnel and resources to compete effectively for Federal competitive grants and that receive grant allocations in amounts that are too small to be effective in meeting their intended purposes.

The two REAP initiatives are the Small, Rural School Achievement Program (SRSA) and the Rural and Low-Income School Program (RLIS).  The SRSA has two components:  the Small, Rural School Achievement Grant Program and REAP-Flex-Alternative Use of Funds Authority. 

REAP-Flex -Alternative Use of Funds Authority – Section 6211

Only LEAs eligible to participate in the Small, Rural School Grant Program are eligible to participate in this program.   REAP-Flex does not provide LEAs with additional funding, nor does it allow for the transferring of funds from one program to another.   It does however, provide eligible LEAs, with flexibility in using “applicable funding” under several title programs. Participation in REAP-Flex does not relieve an LEA of its responsibility to provide equitable services for non-public schools relative to the applicable funds that the LEA receives.  The amount of funding that a non-public school is entitled to is not affected by the LEAs participation in REAP-Flex.

The overall purpose of REAP-Flex (Alternative Use of Funds Authority) is to help eligible LEAs  improve student achievement to meet the State’s definition of Adequate Yearly Progress (AYP), improve quality of instruction and better address local needs.   Participating LEAs must show how funds combined with REAP-Flex can support implementation or strengthening of local education plans or strategies that will lead to the improvements that an LEA needs to meet AYP.   Eligible LEAs who choose to participate in this portion of the program must commit to a three-year cycle.   A participating LEA must maintain records demonstrating that the “applicable funding” was expended and how and where the monies were used in the LEAs and participating non-public schools.   As part of the LEAs reporting process, they will report to the New York State Education Department, how the applicable funding was used.

In order to be eligible to participate in this initiative, LEAs must meet the following criteria:

  • The total number of students in average daily attendance at all of the schools served by the LEA is less than 600; or each county in which a school served by the LEA is located has a population density of fewer than 10 persons per square mile; and
  • All of the schools served by the LEA are designated with a School Locale Code of 7 or 8 under the U.S. Department of Education’s National Center for Education Statistics (NCES) locator system.  If the LEA does not meet the School Local Code requirement it can request a waiver from this requirement.   The Secretary may grant the waiver if the LEA demonstrates, with the concurrence of the SEA, that the LEA is located in an area defined as rural by a governmental agency of the State.

Eligible LEAs interested in participating in this program can do so by using “applicable funding” from the programs listed below,

  • Title II, Part A, Subpart 2 - Teacher and Principal Training and Recruiting (Improving Teacher Quality State Grants)
  • Title II, Part D - Enhancing Education Through Technology
  • Title IV, Part A- Safe and Drug-Free Schools and Communities

as a whole or in part for local activities authorized under one or more of the programs listed below in order to assist eligible LEAs address local academic needs more effectively.

  • Title I, Part A - Improving the Academic Achievement of Disadvantaged Children
  • Title II, Part A - Teacher and Principal Training and Recruiting
  • Title II, Part D - Enhancing Education Through Technology
  • Title III - Language Instruction for Limited English Proficient and Immigrant Students
  • Title IV, Part A - Safe and Drug-Free Schools and Communities
  • Title IV, Part B - 21st Century Community Learning Centers

Under REAP-Flex participating LEAs do not have to meet program set-aside requirements.

Assessment/Accountability Requirements

LEAs Participating in REAP-Flex (Alternative Use of Funds Authority) must administer an assessment that is consistent with section 1111(b)(3) of Title I.  After the third year that an LEA participates in the program, and on the basis of the results of the assessments, the State must determine whether the LEA has made adequate yearly progress.  Only those LEAs that have made adequate yearly progress may continue to participate. 

LEAs that fail to make adequate yearly progress may continue to participate only if they use the applicable funding to carry out the requirements of section 1116 (Title I School Improvement provisions.)

Non-Public School Participation in REAP-Flex

Non-public schools eligible to receive applicable funding through an LEA eligible for participation in REAP-Flex are also eligible to participate in the REAP-Flex initiative.   After timely and meaningful consultation with non-public school officials, the LEA and non-public school should determine how the funds will be expended for the non-public school.    As with the eligible public school, the non-public school can combine their “applicable funding” as a whole or in part for local activities under one or more of the seven programs listed above. 

In order to afford non-public schools maximum flexibility, it is essential that the LEA engage in timely and meaningful consultation with non-public school officials.   An LEA that decides not to exercise the REAP-Flex option for their district may still exercise that authority on behalf of the non-public school.

Small, Rural School Grant Program - Section 6212

Not all LEAs that are eligible for a Small, Rural School Grant award will necessarily receive an allocation.   LEAs that received more than $60,000 in applicable funding the previous fiscal year will not receive a grant allocation.   However, the LEA can still exercise the REAP-Flex (Alternative Use of Funds Authority) option.

In order to be eligible to participate in this initiative, LEAs must meet the following criteria:

  • The total number of students in average daily attendance at all of the schools served by the LEA is less than 600; or each county in which a school served by the LEA is located has a population density of fewer than 10 persons per square mile; and
  • All of the schools served by the LEA are designated with a School Locale Code of 7 or 8 under the U.S. Department of Education’s National Center for Education Statistics (NCES) locator system.  If the LEA does not meet the School Local Code requirement it can request a waiver from this requirement.   The Secretary may grant the waiver if the LEA demonstrates, with the concurrence of the SEA, that the LEA is located in an area defined as rural by a governmental agency of the State.

An LEA may use the funding it receives under this program to supplement not supplant local activities authorized under the following programs:

  • Title I, Part A - Improving the Academic Achievement of Disadvantaged Children
  • Title I  - School Improvement *
  • Title II, Part A - Teacher and Principal Training and Recruiting
  • Title II, Part D - Enhancing Education Through Technology
  • Title III - Language Instruction for Limited English Proficient and Immigrant Students
  • Title IV, Part A - Safe and Drug-Free Schools and Communities
  • Title IV, Part B - 21st Century Community Learning Centers

It is important to note that funding for the Small, Rural School Achievement Grant Program is processed directly through USDOE via an electronic application process.  

LEAs meeting the criteria for participation in the Small, Rural School Achievement Program and REAP-Flex (Alternative Use of Funds Authority) are ineligible to participate in the Rural and Low-Income Schools Program.  

* After the third year an LEA participates in the SRSA program,  LEAs that have failed to make AYP may continue to participate in the SRSA program if program funds are used only to carryout the requirements of NCLB section 1116 (Title I School Improvement).

Assessment/Accountability Requirements

LEAs participating in Small, Rural School Achievement program must administer an assessment that is consistent with section 1111(b)(3) of Title I.  After the third year that an LEA participates in the program, and on the basis of the results of the assessments, the State must determine whether the LEA has made adequate yearly progress.  Only those LEAs that have made adequate yearly progress may continue to participate.

LEAs that fail to make adequate yearly progress may continue to participate only if they use the applicable funding to carry out the requirements of section 1116 (Title I School Improvement provisions.)

Rural and Low-Income Schools Program - Sections 6221-6224

The Rural and Low-Income Schools Program is designed to address the needs of rural LEAs that serve concentrations of low-income families.  This program is one in which the Secretary awards formula grants to SEAs, which in turn award subgrants to eligible LEAs competitively or on a formula basis.   The New York State Education Department makes awards to eligible applicants on a formula basis per section 6221(b)(2).   An eligible LEA may use funding under this program to support a range of authorized activities to assist the LEA in meeting the State’s definition of AYP.   Not all LEAs eligible to receive funding under this program will necessarily receive a grant.

In order to be eligible to participate in the program, an LEA must meet the following criteria:

  • 20 percent or more of the children ages 5 through 17 served by the LEA are from families with incomes below the poverty line;
  • All of the schools served by the LEA are designated with a School Locale Code of 6, 7, or 8 under the U.S. Department of Education’s National Center for Education Statistics (NCES) locator system. The locale codes of schools are listed at the end of this document and on the Department’s National Center for Education Statistics (NCES) website http://www.nces.ed.gov and;
  • The LEA is not eligible to participate in the Small, Rural School Achievement Grant Program (Section 6212.)

Monies allocated to LEAs under the Rural and Low-Income School Program can be used to supplement not supplant funding for:

  • Teacher recruitment and retention
  • Teacher professional development
  • Educational Technology, as defined in Title II, Part D - Enhancing Education Through Technology
  • Parental involvement activities
  • Activities authorized under Title IV, Part A - Safe and Drug-Free Schools and Communities
  • Activities authorized under Title I, Part A - Improving the Academic Achievement of Disadvantaged Children
  • Activities authorized under Title III - Language Instruction for Limited English Proficient and Immigrant Students
  • Title I School Improvement *

* After the third year an LEA participates in the SRSA program,  LEAs that have failed to make AYP may continue to participate in the SRSA program if program funds are used only to carryout the requirements of NCLB section 1116 (Title I School Improvement).

LEAs meeting the criteria for participation in the Rural and Low-Income Program are ineligible for participation in the Small, Rural School Achievement Program and REAP-Flex (Alternative Use of Funds Authority.)  

Assessment/Accountability Requirements

LEAs participating in the Rural and Low-Income School Program must administer assessments consistent with section 1113(b)(3) of Title I.   After the third year that an LEA participates in the program, and on the basis of the results of the assessments, the State must determine whether the LEA has made adequate yearly progress.  Only those LEA’s that have made adequate yearly progress may continue to participate.

LEAs that fail to make adequate yearly progress may continue to participate only if they use the applicable funding to carry out the requirements of Section 1116 (Title I School Improvement provisions).

 

*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