# ![](media/image1.png){width="1.1965277777777779in" height="1.1965277777777779in"}  {#section .unnumbered}

#  {#section-1 .unnumbered}

#  {#section-2 .unnumbered}

#  {#section-3 .unnumbered}

# Title I, Part D: Neglected, Delinquent, and At-Risk Youth {#title-i-part-d-neglected-delinquent-and-at-risk-youth .H1-NO-TOC .unnumbered}

[Prevention and Intervention Programs for Children and Youth Who Are
Neglected, Delinquent, or At-Risk (N or D)]{.smallcaps}

**NONREGULATORY GUIDANCE**

![](media/image2.png)

**UNITED STATES DEPARTMENT OF EDUCATION**

**WASHINGTON, DC**

**2006**

**[Contents]{.smallcaps}**

**[Page]{.smallcaps}**

INTRODUCTION 1

[I. STATE AGENCY PROGRAMS FOR NEGLECTED AND DELINQUENT CHILDREN (PART D,
SUBPART
1)](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447218)
[Error: Reference source not found](#__RefHeading___Toc125447218)

[A. Federal Allocation of
Funds](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447219)
[Error: Reference source not found](#__RefHeading___Toc125447219)

[B. State Subgrants to Eligible State
Agencies](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447220)
[Error: Reference source not found](#__RefHeading___Toc125447220)

[C. Carryover of Subpart 1
Funds](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447221)
[Error: Reference source not found](#__RefHeading___Toc125447221)

[D. Eligible Institutions under Subpart
1](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447222)
[Error: Reference source not found](#__RefHeading___Toc125447222)

[E. Eligible Children and
Youth](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447223)
[Error: Reference source not found](#__RefHeading___Toc125447223)

[F. State
Plan](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447224)
[Error: Reference source not found](#__RefHeading___Toc125447224)

[G. State Agency
Applications](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447225)
[Error: Reference source not found](#__RefHeading___Toc125447225)

[H. Use of
Funds](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447226)
[Error: Reference source not found](#__RefHeading___Toc125447226)

[I. Parental
Involvement](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447227)
[Error: Reference source not found](#__RefHeading___Toc125447227)

[J. Institution-wide
Projects](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447228)
[Error: Reference source not found](#__RefHeading___Toc125447228)

[K. Transition
Services](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447229)
[Error: Reference source not found](#__RefHeading___Toc125447229)

[II. LOCAL PROGRAMS FOR AT-RISK YOUTH (PART D, SUBPART
2)](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447230)
[Error: Reference source not found](#__RefHeading___Toc125447230)

[L. Federal Allocation of Funds to
States](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447231)
[Error: Reference source not found](#__RefHeading___Toc125447231)

[M. Subgrants by States to
LEAs](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447232)
[Error: Reference source not found](#__RefHeading___Toc125447232)

[N. LEA
Applications](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447233)
[Error: Reference source not found](#__RefHeading___Toc125447233)

[O. Uses of
Funds](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447234)
[Error: Reference source not found](#__RefHeading___Toc125447234)

> [P. Program Requirements for Subpart 2
> Programs](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447235)
> [Error: Reference source not found](#__RefHeading___Toc125447235)

[Q.
Accountability](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447236)
[Error: Reference source not found](#__RefHeading___Toc125447236)

[III. PROGRAM EVALUATIONS (PART D, SUBPART
3)](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447237)
[Error: Reference source not found](#__RefHeading___Toc125447237)

[R. Evaluation
Requirements](../../../../../../../../C:/IWTemp/wdchqdtmsp01/cache/default/main/ED/en/POLICY/WORKAREA/work/policy/elsec/guid/#__RefHeading___Toc125447238)
[Error: Reference source not found](#__RefHeading___Toc125447238)

**[Abbreviations and Acronyms]{.smallcaps}**

**AYP** Adequately Yearly Progress

**CSSO** Chief State School Officer

**ED** U.S. Department of Education

**ESEA** Elementary and Secondary Education Act of 1965, as amended

**GED** General Education Development program

**GEPA** General Education Provisions Act

**IDEA** Individuals with Disabilities Education Act

**IEP** Individualized Education Program

**LEA** Local Educational Agency

**N or D** Neglected or Delinquent

**PPE** Per-pupil expenditure

**SA** State Agency

**SEA** State Educational Agency

**TSY** Training School for Youth

# INTRODUCTION

The Prevention and Intervention Programs for Children and Youth Who Are
Neglected, Delinquent, or At-Risk, authorized by Title I, Part D of the
Elementary and Secondary Education Act of 1965 (ESEA), as amended by the
No Child Left Behind Act of 2001 (20 USC 6421 [et seq.]{.underline})
include two programs, one for State programs and another for local
programs:

l\. Subpart l establishes the State agency Neglected or Delinquent (N or
D) program, through which ED provides Federal financial assistance to
State educational agencies (SEAs) to enable them to award subgrants to
State agencies (SAs) that operate educational programs for children and
youth in institutions or community day programs for children who are
neglected, delinquent and at-risk and for children and youth in adult
correctional facilities.

2\. Subpart 2 authorizes ED to award grants to SEAs to enable them to
award subgrants to local educational agencies (LEAs) to provide programs
that serve children and youth who are in locally operated correctional
facilities or are attending community day programs for delinquent
children and youth. Additionally, Subpart 2 programs may provide
assistance to children and youth who are neglected or at-risk of
dropping out of school.

## Subpart 3 of Part D requires SAs and LEAs to evaluate their programs at least once every 3 years to determine, by using multiple and appropriate evaluation measures, the programs' effects on student achievement.  {#subpart-3-of-part-d-requires-sas-and-leas-to-evaluate-their-programs-at-least-once-every-3-years-to-determine-by-using-multiple-and-appropriate-evaluation-measures-the-programs-effects-on-student-achievement. .H2-NO-TOC .unnumbered}

## WHAT ARE THE PURPOSES OF THE TITLE I, PART D PROGRAM? {#what-are-the-purposes-of-the-title-i-part-d-program .H2-NO-TOC .unnumbered}

The purposes of Title I, Part D are to: (1) improve educational services
for children and youth in local and State institutions for neglected or
delinquent children and youth so that they have the opportunity to meet
the same challenging State academic content and State student
achievement standards that all children in the State are expected to
meet; (2) provide these children with services to enable them to
transition successfully from institutionalization to further schooling
or employment; and (3) prevent at-risk youth from dropping out of school
as well as to provide dropouts and children and youth returning from
correctional facilities or institutions for neglected or delinquent
children and youth, with a support system to ensure their continued
education.

## WHAT IS THE PURPOSE OF THIS GUIDANCE? {#what-is-the-purpose-of-this-guidance .H2-NO-TOC .unnumbered}

This guidance replaces prior 1997 nonregulatory guidance for the Title
I, Part D program. The guidance describes the requirements of the
Subpart 1 SA and Subpart 2 LEA programs and the evaluation requirements
in Subpart 3. The guidance also provides suggestions for addressing many
of these requirements. This document does not impose any new
requirements beyond those in the ESEA and other applicable Federal
statutes and regulations. Title I, Part D program regulations can be
found in 34 CFR 200.90 and 200.91. States may wish to consider the
guidance in developing their own guidelines and standards; however, they
are free to develop alternative approaches that meet applicable Federal
statutory and regulatory requirements.

# STATE AGENCY PROGRAMS FOR NEGLECTED AND DELINQUENT CHILDREN (PART D, SUBPART 1)

## A. Federal Allocation of Funds {#a.-federal-allocation-of-funds .unnumbered}

### A-1. How does ED allocate Subpart 1 funds to SEAs? {#a-1.-how-does-ed-allocate-subpart-1-funds-to-seas .Style-Heading-3-+-12-pt}

ED determines State allocations through a formula based on annual counts
of N or D children and youth, aged 20 or younger, who are in (1)
State-operated adult correctional facilities and who are enrolled in a
regular program of instruction for at least **15** hours per week; and
(2) State N or D institutions or community day programs for children and
youth who are enrolled in a regular program of instruction for at least
**20** hours per week. That count is then multiplied by 40 percent of
the State's per-pupil expenditure (PPE) and proportionately reduced to
the amount appropriated. The SEA is responsible for annually collecting
and submitting counts of eligible children and youths from individual
SAs that operate programs for N or D children and youth within the
State.

In determining the count of N or D children and youth in a State for
allocation purposes:

1\. An SA must specify the date on which the count was taken of children
and youth who are N or D and enrolled in a regular program of education.
That date must: (a) be consistent for all institutions or community day
programs operated by the SA, and (b) represent a school day in the
calendar year preceding the year in which funds became available.

2\. The SEA must adjust the count of children and youth enrolled in a
regular program of instruction to reflect the relative length of the
SA's annual programs by (a) multiplying the number of children and youth
enrolled, by the number of days per year the regular program of
instruction operates, and (b) dividing that number by a number that
represents the number of school days in the academic year for the State
(e.g., 180).

### A-2. How does an SA determine the number of children and youth to include in the annual survey of eligible children, which the SEA submits to ED for determining Subpart 1 allocations? {#a-2.-how-does-an-sa-determine-the-number-of-children-and-youth-to-include-in-the-annual-survey-of-eligible-children-which-the-sea-submits-to-ed-for-determining-subpart-1-allocations .Style-Heading-3-+-12-pt}

### Exhibit 1 \[Pages 3-4\] illustrates (1) the steps an SA uses in determining the count of children and youth who are N or D enrolled in a **regular program of instruction** for at least 15 hours a week in adult correctional facilities, and for at least 20 hours per week in State N or D facilities and community day programs; and (2) the steps an SA should use in adjusting the count to reflect the relative length of the SA's annual program.

The SA is responsible for totaling the adjusted enrollment counts for
children and youth in all of the N or D institutions, adult correctional
facilities, or community day programs that it operates and then for
providing the adjusted count to the SEA. The State count submitted to ED
by the SEA is the sum of the individual SA counts.

![](media/image3.png){width="6.79251968503937in"
height="8.252755905511812in"}**Exhibit 1**: **OMB Number 1810-0060**

**Exhibit 1 (continued)**

**WORKSHEET INSTRUCTIONS**

**[PART I - INSTITUTION AND STATE AGENCY]{.underline}**

Enter the names of the institution and State agency. A separate form
must be completed for each institution.

**[PART II - BASIS FOR ELIGIBILITY]{.underline}**

Respond "yes" or "no" to each of the three questions. If the answer is
no to any one of these questions, the institution or community day
program does not qualify.

I.  In question 1 a "**regular program of instruction**" means an
    education program (not beyond grade 12) in an institution or a
    community day program for neglected or delinquent children that
    consists of classroom instruction in basic school subjects such as
    reading, mathematics, and vocationally oriented subjects, and that
    is supported by non-Federal funds. Neither the manufacture of goods
    within the institution nor activities related to institutional
    maintenance are considered classroom instruction.

```{=html}
<!-- -->
```
I.  In question 2 a "**State agency**" means an agency of State
    government responsible for providing free public education for
    children in institutions for neglected or delinquent children,
    community day programs for neglected or delinquent children, and
    adult correctional institutions.

II. In question 3 an "**average length of stay**" is calculated by
    determining the length of time each child entering the institution
    stays and dividing that number by the total number of children
    passing through that institution during a given year. The average
    length of stay for all children in the institution must equal at
    least 30 days. An individual child in an institution, however, would
    not necessarily have to stay for 30 days.

**[PART III - TYPE OF INSTITUTION AND ENROLLMENT]{.underline}**

[Category]{.underline}

Check the category that fits the definition of the institution. Do not
report institutions that do not meet any of the four definitions.

[Enrollment]{.underline}

For the category of institution checked, furnish the number of children
under 21, through age 20, enrolled in a State-funded regular program of
instruction on a date in calendar year 2004, specified by the State
agency. The date specified by the State agency must be consistent for
all institutions or community day programs operated by the Sate agency,
and the date must represent a school day within calendar year 2004.

In order to be counted as enrolled, a child must be enrolled in a
State-funded regular program of instruction for at least:

III. 20 hours per week if in an institution for neglected or delinquent
     children or a community day program for neglected or delinquent
     children; or

IV. 15 hours per week if in an adult correctional institution.

**[PART IV - ADJUSTED ENROLLMENT TO REFLECT THE RELATIVE LENGTH OF THE
STATE AGENCY'S ANNUAL PROGRAM]{.underline}**

Multiply the enrollment determined in Part III by the number of days in
the year that the educational program operates. Divide that number by
180 (or the number of school days for your State) to determine the
adjusted enrollment.

**[PART V - CERTIFICATION]{.underline}**

The appropriate institution and State agency official should sign
certifying that the information provided meets the requirements of Title
I, Part D, Subpart 1 and is complete and accurate. (Note, because these
data will generate Federal funds, they are subject to audit and must be
supportable from documented records.)

### A-3. May SAs include out-of-State children in annual survey counts for the Subpart 1 fund allocation? {#a-3.-may-sas-include-out-of-state-children-in-annual-survey-counts-for-the-subpart-1-fund-allocation .Style-Heading-3-+-12-pt}

**Yes.** If out-of-State N or D children and youth reside in an
institution located within a State, those children are eligible to be
included in the State's count, provided those children and youth are
under the age of 21 and are enrolled in a regular program of instruction
operated or supported by SAs in institutions or community day programs
for N or D children and youth and adult correctional institutions as
specified in 34 CFR 200.91(a) and (b) of the Title I, Part D
regulations.

### A-4. How is a "regular program of instruction" defined? {#a-4.-how-is-a-regular-program-of-instruction-defined .Style-Heading-3-+-12-pt}

As noted in item A-1, Subpart 1 allocations are based on counts of
children and youth who are N or D and who are in a "regular program of
instruction." Section 200.90(b) of the Title I, Part D regulations
defines a "regular program of instruction" as an educational program
(not beyond grade 12) that is in an institution or in a community day
program for children who are N or D and that consists of classroom
instruction in basic school subjects, such as reading, mathematics, and
vocationally-oriented subjects, and is supported by non-federal funds.
Neither the manufacture of goods within the institution or program nor
activities related to institutional maintenance are considered classroom
instruction.

### A-5. Must the 15 or 20 hours of instruction that an SA is required to provide to qualify for Subpart 1 funds be entirely from State funding, or could the instruction time include education programs funded by other Federal agencies?

The State's regular program of instruction must be State funded and must
meet the required number of hours; the instructional program cannot
include additional instructional time provided with Title I of ESEA or
other Federal funds.

**A-6. May an SEA transfer funds from Subpart 1 to Subpart 2?**

**No.** Subpart 1 and Subpart 2 have separate authorizations. Only SAs
are eligible to receive funds from SEAs under Subpart 1, and only LEAs
are eligible to receive funds from SEAs under Subpart 2.

## B. State Subgrants to Eligible State Agencies {#b.-state-subgrants-to-eligible-state-agencies .unnumbered}

### B-1. How does the SEA make subgrants to SAs?

Once ED determines a State's Subpart 1 allocation, the SEA makes
subgrants to each SA on the basis of its proportionate share of the
State's adjusted enrollment count of children and youth who are N or D.

### B-2. What are the eligibility requirements for an SA to receive Subpart 1 funds? {#b-2.-what-are-the-eligibility-requirements-for-an-sa-to-receive-subpart-1-funds .Style-Heading-3-+-11-pt}

An SA is eligible to receive Subpart 1 funds if it is responsible for
providing free public education for children and youth who are in
educational programs in N or D institutions, who attend community day
programs for children who are N or D, or who are in adult correctional
institutions. [To receive funds, the SA must apply to the
SEA]{.underline}.

The number of eligible SAs in a State may vary. Almost all States have
one agency, usually named the Department of Correction(s), that
administers adult correctional institutions and may also administer
institutions for youth who are delinquent. States also may have a
Department of Youth Services, or part of such an agency (e.g., a
Division of Youth Services within a Department of Human Services), that
administers institutions for children and youth who are delinquent. In
States serving children who are neglected, a separate SA often
administers institutions for these children. Several States have created
a correctional education agency that provides education to students in
institutions and community day programs.

### B-3. In order to receive a subgrant under Subpart 1, must the SA directly operate schools for children and youth who are N or D? {#b-3.-in-order-to-receive-a-subgrant-under-subpart-1-must-the-sa-directly-operate-schools-for-children-and-youth-who-are-n-or-d .Style-Heading-3-+-11-pt}

**No.** The SA may provide educational services directly in
State-operated schools, through contracts or other arrangements with
another SA, an LEA, a junior or community college, a private provider,
or a university. Whether or not services are provided directly by the
SA, the SA is responsible for ensuring that the program operates in
accordance with all applicable statutory and regulatory requirements.

**B-4. Is an SEA eligible to receive Subpart 1 funds as an SA?**

**Yes.** An SEA may be an eligible SA if it receives a specific State
appropriation for the education of children who are N or D and provides
educational services to children and youth who are N or D, either
directly or through another agency, such as an LEA, another SA, or an
institution of higher education. Regardless of whether the SEA is an
eligible SA, the SEA has administrative responsibility for ensuring that
the program operates in accordance with all applicable statutory and
regulatory requirements.

### B-5. Can an SA allocate its Subpart 1 funds to one facility rather than to each facility that generated a count? {#b-5.-can-an-sa-allocate-its-subpart-1-funds-to-one-facility-rather-than-to-each-facility-that-generated-a-count .Style-Heading-3-+-11-pt}

**Yes.** With SEA approval, the SA determines the facilities to which it
allocates Subpart 1 funds. The SA has the discretion, based on its needs
assessment, to concentrate Subpart 1 services on those institutions that
have children and youth with the greatest need.

### B-6. If an SA does not submit an application for Subpart 1 funds, should the SEA return Subpart 1 grant funds to ED? {#b-6.-if-an-sa-does-not-submit-an-application-for-subpart-1-funds-should-the-sea-return-subpart-1-grant-funds-to-ed .Style-Heading-3-+-11-pt}

The SEA should consider providing these funds to one or more SAs, or use
the funds directly to provide services, with the SEA serving as an SA.
However, if the funds cannot be used in these ways, they must be
returned to ED.

## C. Carryover of Subpart 1 Funds {#c.-carryover-of-subpart-1-funds .unnumbered}

### C-1. Can the SEA allow an SA to carry over Subpart 1 funds? {#c-1.-can-the-sea-allow-an-sa-to-carry-over-subpart-1-funds .Style-Heading-3-+-11-pt}

**Yes.** If the SEA determines that the amount of an SA's subgrant
exceeds the amount needed by the SA, it may allow the SA to carry over
the excess funds for use in subsequent years. The SEA also may decide to
reallocate the excess funds to another SA to use for Subpart 1 purposes.

### C-2. Is there a carryover limitation for the SA's programs for N or D children? {#c-2.-is-there-a-carryover-limitation-for-the-sas-programs-for-n-or-d-children .Style-Heading-3-+-11-pt}

**No.** There is no carryover limitation. Most States apply carryover
amounts to the next year. With SEA approval, an SA may carry over funds
from one fiscal year to the next. However, under section 421(b) of the
General Education Provisions Act (GEPA), both the SEA and the SA must
obligate all funds made available in a given fiscal year within 27
months.

## D. Eligible Institutions under Subpart 1 {#d.-eligible-institutions-under-subpart-1 .unnumbered}

### D-1. What types of institutions are eligible to receive Subpart 1 funds from SAs? {#d-1.-what-types-of-institutions-are-eligible-to-receive-subpart-1-funds-from-sas .Style-Heading-3-+-11-pt}

Once an SA receives Subpart 1 funds, it distributes the funds to
eligible institutions within its jurisdiction in accordance with the
needs assessment described in its application submitted to the SEA. An
eligible institution generally is a public or private facility that
operates for the care of children who are N or D and that provides free
public education and a regular program of instruction to the children
and youth who are in the institution. Eligible institutions may vary
from facilities for orphans to minimum-security facilities for juvenile
delinquents to maximum-security facilities in adult correctional
institutions or prisons. Institutions must be one of the four following
types:

-   An *adult correctional institution* is a facility in which persons
    (including persons under 21 years of age) are confined as a result
    of conviction for a criminal offense. An adult correctional
    institution that confines persons under 21 years of age is eligible
    to receive Subpart 1 funds if it provides them with a regular
    program of instruction (not beyond grade 12) by using State funds.

-   An *institution for delinquent children and youth* is, as determined
    by the SEA, a public or private residential facility, other than a
    foster home, that is operated primarily for the care of children and
    youth who have been adjudicated delinquent or in need of supervision
    and have had an average length of stay in the institution of at
    least 30 days.

-   An *institution for neglected children and youth* is, as determined
    by the SEA, a public or private residential facility, other than a
    foster home, that is operated primarily for the care of children and
    youth who have been committed to the institution or voluntarily
    placed in the institution under applicable State law due to (1)
    abandonment; (2) neglect; or (3) death of their parents or guardians
    and have had an average length of stay in the institution of at
    least 30 days.

-   A *community day program* is a regular program of instruction
    provided by an SA at a community day school operated specifically
    for neglected or delinquent children and youth.

### D-2. Are short-term institutions (those with an average length of stay of fewer than 30 days) eligible to receive Subpart 1 funds? {#d-2.-are-short-term-institutions-those-with-an-average-length-of-stay-of-fewer-than-30-days-eligible-to-receive-subpart-1-funds .Style-Heading-3-+-11-pt}

**No.** Although some short-term institutions, such as detention,
diagnostic, and reception centers, provide basic education services for
youth, Subpart 1 services are most effective in institutions where the
duration of the stay is longer. Therefore, the average length of stay or
participation in an institution for delinquent children and youth, an
institution for neglected children and youth or an adult correctional
facility should be at least 30 days for these institutions to be
eligible to receive Subpart 1 funds (see 34 CFR 200.90(b) of the Title
I, Part D regulations). This average length of stay requirement does not
apply to community day school programs serving neglected or delinquent
children and youth.

### D-3. May an SA use its Subpart 1 allocation to serve children and youth in privately operated facilities? {#d-3.-may-an-sa-use-its-subpart-1-allocation-to-serve-children-and-youth-in-privately-operated-facilities .Style-Heading-3-+-11-pt}

**Yes.** Subpart l authorizes the SEA to provide financial support to
SAs that operate educational programs for children and youth in
institutions or community day programs for children who are N or D as
well as for children or youth in adult correctional facilities. An SA
may contract with private facilities to serve N or D children and youth.
However, the SA is responsible for ensuring that a private facility
operates a program in accordance with all applicable statutory and
regulatory requirements.

### D-4. May a State include SA N or D children and youth served in private facilities in the annual count of eligible children submitted to ED for Subpart 1 allocation purposes? {#d-4.-may-a-state-include-sa-n-or-d-children-and-youth-served-in-private-facilities-in-the-annual-count-of-eligible-children-submitted-to-ed-for-subpart-1-allocation-purposes .Style-Heading-3-+-11-pt}

**Yes**, provided that the N or D children and youth counted are (1) the
responsibility of the SA; (2) under the age of 21; and (3) enrolled in a
regular program of instruction operated or supported by SAs in
institutions or community day programs for N or D children and youth and
adult correctional institutions as specified in 34 CFR 200.91 of the
Title I, Part D regulations.

## E. Eligible Children and Youth {#e.-eligible-children-and-youth .unnumbered}

### E-1. Which children and youth are eligible for services under Subpart 1? {#e-1.-which-children-and-youth-are-eligible-for-services-under-subpart-1 .Style-Heading-3-+-11-pt}

To participate in the SA's N or D program, a child or youth must be:

-   21 years of age or younger;

-   Entitled to free public education up to grade 12; and

-   Enrolled in a regular program of instruction at either an eligible
    institution or community day program for the required length of time
    (20 hours per week if in an institution or community day program for
    youth who are N or D; 15 hours per week if in an adult correctional
    institution).

### E-2. Is a youth who has completed the General Education Development (GED) program eligible to receive Subpart 1 services?

**Yes.** A student aged 21 or younger who is otherwise eligible to
receive services under Subpart 1 (see item E-1 above) and who has earned
a GED, but takes courses that lead to a high school diploma, is eligible
to receive Subpart 1 services. Earning a high school diploma would fall
within the definition of "regular program instruction" found in 34 CFR
200.90(b) of the Title I, Part D regulations, that is limited to an
educational program not beyond grade 12. Subpart 1 funds also may be
used for dual-enrollment courses in which a student concurrently earns
high school and college credit, but may not be used for courses that
award college credits only. Additionally, Subpart 1 funds may be used
for placement services designed to place the youth in a university,
college, or junior college program, such as SAT and ACT preparation
courses, as well as for fees associated with college applications.

### E-3. How does an SA identify and select children and youth to be served? {#e-3.-how-does-an-sa-identify-and-select-children-and-youth-to-be-served .Style-Heading-3-+-11-pt-Left:--0\"-Hanging:--0.5\"}

An SA that receives Subpart 1 funds must assess, on the basis of
educationally objective criteria, the educational needs of all eligible
children and youth in eligible institutions and community day programs.
The needs assessment enables the SA to identify the unique educational
needs of these children and youth and the general instructional areas on
which the program will focus. Using the assessment data, an SA can
select those most in need of special assistance and determine the
specific needs of participating children and youth to ensure that the
services provided will be of sufficient size, scope, and quality to
enable the participants to make significant progress toward meeting
State performance standards. If available funds are insufficient to meet
the needs of all eligible youth, those most in need should be served
first.

## F. State Plan {#f.-state-plan .unnumbered}

### F-1. What is required in the Subpart 1 State plan? {#f-1.-what-is-required-in-the-subpart-1-state-plan .Style-Heading-3-+-11-pt}

To receive Subpart 1 funds, an SEA must submit for ED approval either
(1) an individual State plan in accordance with section 1414(a) of ESEA;
or (2) a *consolidated plan* that meets the requirements of section 9302
of ESEA. Whether the State plan is submitted individually or as part of
a consolidated plan, it must describe the program goals, objectives, and
performance measures established by the State that will be used to
assess the effectiveness of the program in improving the academic,
vocational, and technical skills of children in the program. The SEA
must also provide assurances that the agency will both monitor and
evaluate subgrantees.

### F-2. May a State plan be revised? {#f-2.-may-a-state-plan-be-revised .Style-Heading-3-+-11-pt}

**Yes.** The statute allows for plans to be reviewed and revised
periodically by States. However, if substantive changes are made to a
State plan, those changes must be submitted to ED for approval.

## G. State Agency Applications {#g.-state-agency-applications .unnumbered}

### G-1. What are the requirements of a Subpart 1 SA application? {#g-1.-what-are-the-requirements-of-a-subpart-1-sa-application .Style-Heading-3-+-11-pt}

Section 1414 of ESEA enumerates the 19 required elements of SA
applications to SEAs. For example, SA applications must describe the
procedures to be used to assess the educational needs of the children to
be served; how the SA will carry out the program evaluation requirements
of section 9601 of ESEA; how the results of the most recent evaluation
will be used to plan and improve the program; and how the SA will
endeavor to coordinate with businesses for training and mentoring of
participating children and youth.

### G-2. May an SEA approve an SA's application for more than 1 year? {#g-2.-may-an-sea-approve-an-sas-application-for-more-than-1-year .Style-Heading-3-+-11-pt}

**Yes.** If an SA operates a program or project under Subpart 1 in which
individual children or youth are likely to participate for more than 1
year, the SEA may approve the SA's application for a subgrant under this
subpart for a period not to exceed three years.

### G-3. How often must SA applications to the SEA be updated? {#g-3.-how-often-must-sa-applications-to-the-sea-be-updated .Style-Heading-3-+-11-pt}

Although the law allows the SEA to approve an SA's application for up to
three years, the SEA may require an SA to update annually information
included in its original application if substantial changes occur in the
numbers and needs of the children to be served or the services to be
provided.

### G-4. When must an SA submit its application to the SEA? {#g-4.-when-must-an-sa-submit-its-application-to-the-sea .Style-Heading-3-+-11-pt}

Each SEA sets the deadline for submission of applications. Therefore,
the deadline may vary from State to State.

### G-5. Who prescribes the format of the application an SA submits for its Subpart 1 subgrant? {#g-5.-who-prescribes-the-format-of-the-application-an-sa-submits-for-its-subpart-1-subgrant .Style-Heading-3-+-11-pt}

The SEA prescribes the format for the SA application and determines the
specific information the SA must submit as part of its application and
to carry out its responsibilities under Subpart 1. The SEA, however, may
not use the application process to impose requirements that are
inconsistent with the requirements under Title I of ESEA or other
applicable Federal statutes and regulations.

### G-6. May an SA submit an application that consists only of separate applications from each of its facilities? {#g-6.-may-an-sa-submit-an-application-that-consists-only-of-separate-applications-from-each-of-its-facilities .Style-Heading-3-+-11-pt}

**No.** The SA must submit its own application addressing the
requirements in section 1414(c) of ESEA because the SA is the entity
that applies for and receives the Subpart 1 subgrant and is responsible
for the administration and control of funds. However, the SA may
incorporate individual program plans from each of its facilities into
its application.

### G-7. Does an SA apply to the SEA for Subpart 1 funds when a contractor or other party provides the education services to children in institutions or community day programs? {#g-7.-does-an-sa-apply-to-the-sea-for-subpart-1-funds-when-a-contractor-or-other-party-provides-the-education-services-to-children-in-institutions-or-community-day-programs .Style-Heading-3-+-11-pt}

**Yes.** The SA, not the contractor, must apply to the SEA for funds
because the SA is responsible for providing a free public education to
the children in the institutions and community day programs. The SA may
contract with or arrange for another agency (such as an LEA, a junior or
community college, a private provider, or a university) to provide the
education services either at the institution or off-site. An SA,
however, is responsible for exercising administrative control over the
program and ensuring that the contractor or other party complies with
all applicable statutory and regulatory requirements.

### G-8. May the SA allow individual institutions to apply directly to the SEA for a Subpart 1 grant? {#g-8.-may-the-sa-allow-individual-institutions-to-apply-directly-to-the-sea-for-a-subpart-1-grant .Style-Heading-3-+-11-pt}

**No.** Only an SA may apply to the SEA for Subpart 1 funds.

### G-9. If the eligible SA is the SEA, must it complete an SA application that is approved by the chief state school officer (CSSO)? {#g-9.-if-the-eligible-sa-is-the-sea-must-it-complete-an-sa-application-that-is-approved-by-the-chief-state-school-officer-csso .Style-Heading-3-+-11-pt}

**Yes.** An SEA that receives Subpart 1 funds as an SA must have an
application on file that meets all the SEA's requirements for an SA
application. The CSSO may delegate responsibility for the approval of
this application to the appropriate official within the SEA.

### G-10. If the subgrantee under Subpart 1 is the SEA, does the SEA compute maintenance of effort, and how should it monitor itself to ensure compliance? {#g-10.-if-the-subgrantee-under-subpart-1-is-the-sea-does-the-sea-compute-maintenance-of-effort-and-how-should-it-monitor-itself-to-ensure-compliance .Style-Heading-3-+-11-pt}

Like other SAs, the SEA must compute maintenance of effort, and the CSSO
should monitor the Subpart 1 program for compliance with all statutes
and regulations.

### G-11. What are the monitoring responsibilities of the SEA for SAs under Subpart 1? {#g-11.-what-are-the-monitoring-responsibilities-of-the-sea-for-sas-under-subpart-1 .Style-Heading-3-+-11-pt}

SEAs are required to monitor their grantees for implementation of
requirements of the program statute and regulations. Those requirements
include monitoring the implementation of the SA program under Subpart 1.
Additionally, SAs are responsible for monitoring every facility or
institution with which they have contracted for services.

## H. Use of Funds {#h.-use-of-funds .unnumbered}

### H-1. What activities may Subpart 1 funds support? {#h-1.-what-activities-may-subpart-1-funds-support .Style-Heading-3-+-11-pt}

Under the authorizing statute, an SA must use Subpart 1 funds to support
educational services that (1) except for institution-wide projects (see
section 1415(a)(2)(B)(i)), are provided to children and youth identified
by the SA as failing, or most at-risk of failing, to meet the State's
challenging academic content and student academic achievement standards;
and (2) supplement and improve the quality of educational services
provided to these children and youth by the SA. The statute further
provides that Subpart 1 funds may be used to acquire equipment that will
be used to help the children and youth the SA serves to meet challenging
State academic content and student academic achievement standards, and
to cover the costs of meeting the evaluation requirements of section
9601 of ESEA.

Projects may use Subpart 1 funds to pay the necessary and reasonable
costs that provide a variety of services, including reading,
mathematics, language arts, and vocationally oriented programs that
include academic classroom instruction so long as these are
supplementary services and materials. For example, past Subpart 1
projects have used funds to:

-   Hire additional teachers, aides, educational counselors, and other
    staff members to provide additional instruction in areas of greatest
    need;

-   Train teachers, aides, and other staff members who are actively
    involved in providing Title I services;

-   Procure needed educational materials and equipment for Title I
    instruction, including books, computers, audiovisual equipment and
    supplies, and classroom materials for industrial arts and vocational
    training; and

-   Hire transition coordinators or buy new equipment to assist
    students' transitions (e.g., purchasing scanners to scan
    individualized education program (IEP) documents).

The following three examples describe how several projects for N or D
children and youth have used their funds.

+-----------------------------------------------------------------------+
| **Use of Funds---Example 1**                                          |
|                                                                       |
| A project in one State provided in-service training to help teachers  |
| of Title I programs improve their relationships with the regular      |
| teachers and students in several juvenile institutions. By            |
| maintaining a staff-to-student ratio of 1:8, the teachers were able   |
| to offer individualized instruction and attention to meet students'   |
| academic and social needs, particularly in the area of learning basic |
| academic skills and self-discipline. Title I and regular teachers met |
| daily to share information about students and learning strategies.    |
+-----------------------------------------------------------------------+

+-----------------------------------------------------------------------+
| **Use of Funds---Example 2**                                          |
|                                                                       |
| A State's Department of Correctional Education developed a curriculum |
| guide for social living skills for both its adult and juvenile        |
| populations to address the fact that many of the individuals in these |
| institutions had not previously had opportunities to learn and        |
| practice these skills. Teachers in Title I programs used this guide   |
| to improve the academic and social skills of incarcerated juvenile    |
| students. Students entering the program were given a                  |
| criterion-referenced test on social living skills. The results of     |
| this test and other evaluations were then used to identify the        |
| deficiencies in academic and social skills that the social skills     |
| curriculum guide was designed to address.                             |
+-----------------------------------------------------------------------+

+-----------------------------------------------------------------------+
| **Use of Funds---Example 3**                                          |
|                                                                       |
| In a Midwestern State, Title I and regular classroom teachers in one  |
| project collaborated to integrate academic curricula across several   |
| content areas. Teachers used thematic learning that focused on        |
| problem solving, cooperative learning, and writing. Themes were       |
| limited to several weeks' duration to allow students with short stays |
| in the institution to participate fully. Areas of instruction         |
| included:                                                             |
|                                                                       |
| -   Carrying out historical and geographical research;                |
|                                                                       |
| -   Writing research reports, short stories, and poetry;              |
|                                                                       |
| -   Using mathematics to solve real-life problems;                    |
|                                                                       |
| -   Creating products in the performing and visual arts; and          |
|                                                                       |
| -   Assessing individual social skills.                               |
+-----------------------------------------------------------------------+

### H-2. May Subpart 1 funds be used for regular education instructional activities? {#h-2.-may-subpart-1-funds-be-used-for-regular-education-instructional-activities .Style-Heading-3-+-11-pt}

**No.** An SA must use Subpart 1 funds to provide services that
supplement, not supplant, those services that would, in the absence of
Subpart 1 funds, be provided to children participating in the regular
school educational program. However, Subpart 1 funds may be used to
increase the total number of hours of instruction in any subject area
that students receive with State or local funds.

**H-3. May an SEA reserve 1 percent from its Subpart 1 allocation for
State administration activities?**

**Yes.** Section 1004 of ESEA authorizes an SEA to reserve for State
administration up to 1 percent from funds allocated to the State under
Title I, Part A (Grants to LEAs), Part C (Migrant Education), and Part
D, Subpart 1 (State Agency Neglected or Delinquent Program). The 1
percent reservation is a maximum. An SEA may reserve less than 1 percent
from each of Parts A, C, and D (Subpart 1) of Title I of ESEA. Moreover,
an SEA does not need to reserve the same percentage from each part.

If the amount calculated as available to be reserved for State
administration through this process totals less than \$400,000 (\$50,000
in the case of an Outlying Area), an SEA may reserve up to \$400,000. In
any State reserving \$400,000 for State administration, the SEA is not
required to reserve funds proportionately from each of Parts A, C, and D
(Subpart 1) and may, for example, take the reserve entirely out of
Title I, Part A funds. However, in reserving \$400,000, an SEA may not
reserve more funds for State administration from Part C or Part D than
it would have, had it reserved proportionate funds from Parts A, C, and
D. (For more details about this process, see page 32 of the guidance on
SEA allocation procedures found at
[http://www.ed.gov/programs/titleiparta/seaguidanceforadjustingallocations.doc.)]{.underline}

## I. Parental Involvement {#i.-parental-involvement .unnumbered}

### I-1. What are the SA's parental involvement requirements? {#i-1.-what-are-the-sas-parental-involvement-requirements .Style-Heading-3-+-11-pt-Line-spacing:--Multiple-0.97-li}

In its application, an SA must assure that it will work with parents to
secure their assistance in improving their children\'s and youth's
educational achievement and, as appropriate, preventing further
involvement in delinquent activities. Although distance and other
factors may limit the involvement of parents, an SA, to the extent
possible, must give parents the opportunity to participate in their
children\'s and youth's educational plans. In cases where such an
arrangement may not be practicable, a person such as an instructional
staff member or someone who is responsible for the individual\'s
education may act in place of that person\'s parent.

## J. Institution-wide Projects {#j.-institution-wide-projects .unnumbered}

### J-1. What are institution-wide projects? {#j-1.-what-are-institution-wide-projects .Style-Heading-3-+-11-pt-Line-spacing:--Multiple-0.97-li}

Section 1416 of Title I, Part D, Subpart 1 of ESEA authorizes an SA that
provides free public education for children and youth in an institution
for N or D children and youth (other than an adult correctional
institution) or attending a community-day program for N or D children
and youth to use Subpart 1 funds to serve all children in, and upgrade
the entire educational effort of, that institution or program, provided
the SEA has approved the SA's comprehensive plan for that institution or
program. (Requirements for the comprehensive plan are specified in
section 1416(1) through (8) of ESEA.) The purpose of the
institution-wide approach is similar to that of school-wide programs
operated under Title I, Part A. The authority enables an SA to:

-   Focus on strategies built on institution-wide reforms that improve
    the overall educational program of an institution, rather than on
    add-on services for individual students;

-   Combine Part D, Subpart 1 funds with other State and Federal funds
    for education programs to support comprehensive approaches that meet
    the educational needs of all children and youth in N or D
    institutions; and

-   Use Part D, Subpart 1 funds more flexibly.

    An SA operating an institution-wide project is not required to
    identify particular children in an institution as eligible for
    services, or to show that Subpart 1 funds pay for supplemental
    services that would otherwise not be provided, or to account for
    Federal dollars separately. Instead, an SA may use these funds in
    any manner it chooses, so long as the use is consistent with the
    SA's comprehensive plan approved by the SEA.

+-----------------------------------------------------------------------+
| **Institution-wide Projects---Example**                               |
|                                                                       |
| A State's Training School for Youth (TSY), an institution that serves |
| preadjudicated and adjudicated boys and girls, uses its Subpart 1     |
| funds in combination with other Federal and State funds to provide a  |
| comprehensive educational program that helps its students meet high   |
| academic standards. The TSY academic program has several key          |
| components:                                                           |
|                                                                       |
| -   *Staff development*. In addition to providing instructors and     |
|     other education staff with ongoing training in teaching this      |
|     population of students, the staff development component           |
|     emphasizes collaboration between the teaching staff and           |
|     correctional staff at the institution.                            |
|                                                                       |
| -   *Instructional materials and strategies*. Along with the purchase |
|     and use of appropriate technology to enhance teaching and student |
|     learning, a crucial element of this component is training staff   |
|     to use the equipment effectively and helping students to take     |
|     advantage of the technology as part of the TSY effort to have     |
|     students take responsibility for their own learning.              |
|                                                                       |
| -   *Transitional aides and classroom aides*. In addition to          |
|     supporting teaching assistants who help students develop academic |
|     and life skills, TSY makes use of bilingual teacher aides to      |
|     serve a growing Hispanic population who have a limited knowledge  |
|     of English. Aides also provide counseling services for youth who  |
|     are returning to their home communities and schools.              |
|                                                                       |
| -   *Linkages with the community*. An important component in helping  |
|     students make the transition back to their communities is the     |
|     development of links with local social service agencies in each   |
|     student's home community and school.                              |
|                                                                       |
| -   *Tutors and mentors*. The TSY program also provides tutors and    |
|     mentors in the residential units outside school hours.            |
|                                                                       |
| -   *Assessment of student progress*. The TSY assesses the reading    |
|     and math skills of all students who remain at the institution for |
|     at least 6 months.                                                |
+-----------------------------------------------------------------------+

### J-2. How does an SA apply to operate an institution-wide project? {#j-2.-how-does-an-sa-apply-to-operate-an-institution-wide-project .Style-Heading-3-+-11-pt}

An SA applies for institution-wide project funding under Subpart 1 by
submitting a comprehensive plan to the SEA. Section 1416 of Title I of
ESEA requires that the plan developed by an SA for an institution-wide
project in a specific institution include eight elements. For example,
the plan must provide a comprehensive assessment of the educational
needs of all children and youth in the institution or program and must
describe the measures and procedures that the program will use to assess
student progress.

### J-3. May an adult correctional institution use its funds for an institution-wide project? {#j-3.-may-an-adult-correctional-institution-use-its-funds-for-an-institution-wide-project .Style-Heading-3-+-11-pt}

**No.** Institution-wide programs may only be operated in an institution
for neglected or delinquent children and youth, or for neglected or
delinquent children and youth attending a community day program.

### J-4. Must an SA's plan for institution-wide projects include a comprehensive assessment of the educational needs of children who are neglected in a program to be conducted in an institution specifically for these children? {#j-4.-must-an-sas-plan-for-institution-wide-projects-include-a-comprehensive-assessment-of-the-educational-needs-of-children-who-are-neglected-in-a-program-to-be-conducted-in-an-institution-specifically-for-these-children .Style-Heading-3-+-11-pt}

**Yes.**

## K. Transition Services {#k.-transition-services .unnumbered}

### K-1. What are an SA's requirements for providing transition services? {#k-1.-what-are-an-sas-requirements-for-providing-transition-services .Style-Heading-3-+-11-pt}

Helping institutionalized children and youth who are N or D and those in
adult correctional facilities to make the transition into the community
for further education or employment is an important element in the
success of the Subpart 1 program. Section 1418 of ESEA requires that
each SA reserve not less than 15 percent or more than 30 percent of the
amount it receives in any year under Subpart 1 to support "transition
services" for these children and youth. An SA also may use the reserved
funds to provide transition educational services to children and youth
in schools other than State-operated institutions.

The SA should describe in its Subpart 1 application budget the required
reservation of 15 to 30 percent of Title I, Part D funds for transition
services. SEAs may wish to identify a section of the SA application for
this provision. Exhibit 2 \[Page 17\] shows an example from one State of
such an application.

### K-2. What are examples of transition services? {#k-2.-what-are-examples-of-transition-services .Style-Heading-3-+-11-pt}

Transition services focus on helping children and youth who are N or D
to reenter school successfully or to find employment after they leave
the institution and return to the local community. Allowable activities
include but are not limited to:

-   Pupil services, including counseling, psychological, and social work
    services designed to meet the needs of children and youth who are N
    or D;

-   Services of in-school advocates to act on behalf of individual
    children and youth who are N or D;

-   Tutoring and mentoring;

-   Reentry orientation programs, including transition centers and
    reentry centers in high schools;

<table style="width:100%;">
<colgroup>
<col style="width: 4%" />
<col style="width: 0%" />
<col style="width: 4%" />
<col style="width: 10%" />
<col style="width: 20%" />
<col style="width: 4%" />
<col style="width: 2%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 16%" />
<col style="width: 4%" />
<col style="width: 20%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="4"></td>
<td colspan="6"><strong>Texas Consolidated Application - Federal Funding
School Year 2004–2005</strong></td>
<td colspan="2"><p><strong>Dist No.</strong>      </p>
<p><strong>Region No.      </strong></p></td>
</tr>
<tr class="even">
<td colspan="12"><strong>Title I, Part D, Subpart 1</strong></td>
</tr>
<tr class="odd">
<td colspan="11"><strong>Part 1: Funding Requirements</strong></td>
<td></td>
</tr>
<tr class="even">
<td colspan="11"><strong>a.</strong> <strong>Reservation of
Funds:</strong> Each state agency shall reserve <strong>not less than 15
percent and not more than 30 percent</strong> of the agency’s
current-year Title I, Part D, Subpart 1 entitlement to support
transition activities. Enter the estimated percent of the Title I, Part
D, Subpart 1 current-year entitlement that will be reserved for
transition activities.</td>
<td>%</td>
</tr>
<tr class="odd">
<td colspan="12"><strong>b.</strong> <strong>Transition activities
conducted with Reserved Funds:</strong></td>
</tr>
<tr class="even">
<td></td>
<td colspan="11">Projects that facilitate the transition of children and
youth from state-operated institutions to schools served by LEAs.</td>
</tr>
<tr class="odd">
<td></td>
<td colspan="11">Preplacement programs that allow adjudicated or
incarcerated youth who are age 20 or younger and have received a
secondary school diploma or its recognized equivalent to audit or attend
courses on college, university, or community college campuses, or
through programs provided in institutional settings.</td>
</tr>
<tr class="even">
<td></td>
<td colspan="11">Worksite schools, in which institutions of higher
education and private or public employers partner to create programs to
help students make a successful transition to postsecondary education
and employment.</td>
</tr>
<tr class="odd">
<td></td>
<td colspan="11">Counseling services (personal, vocational and
technical, and/or academic).</td>
</tr>
<tr class="even">
<td></td>
<td colspan="11">Placement services designed to place the youth in a
university, college, or junior college program.</td>
</tr>
<tr class="odd">
<td></td>
<td colspan="11">Dissemination of information concerning, and assistance
in obtaining, available student financial aid.</td>
</tr>
<tr class="even">
<td></td>
<td colspan="11">Job placement services.</td>
</tr>
<tr class="odd">
<td></td>
<td colspan="11">Other (Specify):      </td>
</tr>
<tr class="even">
<td></td>
<td colspan="11">Other (Specify):      </td>
</tr>
<tr class="odd">
<td colspan="12"><strong>Part 2: Planned Expenditures for Title I, Part
D, Subpart 1 Funds</strong></td>
</tr>
<tr class="even">
<td colspan="12">Indicate the types of instructional activities to be
implemented with Title I, Part D, Subpart 1 funds, whether for
program-specific activities (“T,” for Targeted services) or on
institution-wide activities (“I,” for Institution-wide).</td>
</tr>
<tr class="odd">
<td colspan="2"><strong>T</strong></td>
<td><strong>I</strong></td>
<td colspan="4"><strong>Activities</strong></td>
<td><strong>T</strong></td>
<td><strong>I</strong></td>
<td colspan="3"><strong>Activities</strong></td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td></td>
<td colspan="4">Research-based Math Programs/strategies</td>
<td></td>
<td></td>
<td colspan="3">Research-based Social Studies Programs/strategies</td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td></td>
<td colspan="4">Research-based Reading Programs/strategies</td>
<td></td>
<td></td>
<td colspan="3">Research-based Individualized Instruction</td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td></td>
<td colspan="4">Research-based Science Programs/strategies</td>
<td></td>
<td></td>
<td colspan="3">Research-based Small-group Instruction</td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td></td>
<td colspan="4">Professional Development</td>
<td></td>
<td></td>
<td colspan="3">Computer-aided Instruction</td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td></td>
<td colspan="4">Research-based Arts Programs/strategies</td>
<td></td>
<td></td>
<td colspan="3">Research-based Foreign Language Programs/strategies</td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td></td>
<td colspan="4">Tutorials</td>
<td></td>
<td></td>
<td colspan="3">Extended-learning Opportunities</td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td></td>
<td colspan="4">Research-based Writing Programs/strategies</td>
<td></td>
<td></td>
<td colspan="3">Parental Involvement Strategies</td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td></td>
<td colspan="9">Other (Specify):      </td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td></td>
<td colspan="9">Other (Specify):      </td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td></td>
<td colspan="9">Other (Specify):      </td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td></td>
<td colspan="9">Other (Specify):      </td>
</tr>
<tr class="odd">
<td colspan="12"><strong>Part 3: Fund Sources Combined on Title I, Part
D, Subpart 1 Institution-wide Projects</strong></td>
</tr>
<tr class="even">
<td colspan="12">Indicate which fund sources will be combined in a Title
I, Part D, Subpart 1 Institution-wide campus budget to upgrade the
entire educational program as reflected in the Campus Improvement Plan.
The <strong>intent and purpose</strong> of any program whose funds are
combined in an institutionwide campus budget <strong>must be
met.</strong></td>
</tr>
<tr class="odd">
<td></td>
<td colspan="4">No Institution-wide Programs</td>
<td></td>
<td colspan="6">Title III, Part A–LEP</td>
</tr>
<tr class="even">
<td></td>
<td colspan="4">Title I, Part D, Subpart 1</td>
<td></td>
<td colspan="6">Title IV, Part A–Safe and Drug-Free Schools and
Communities</td>
</tr>
<tr class="odd">
<td></td>
<td colspan="4">Title II, Part A–Teacher and Principal Training and
Recruiting</td>
<td></td>
<td colspan="6">Title V, Part A–Innovative Programs</td>
</tr>
</tbody>
</table>

-   Instruction and training at alternative schools and learning
    centers; and

-   Parental involvement activities and parent counseling.

SAs may carry out transition activities in a variety of settings. For
example, an SA may provide alternative schooling in group homes and
transition centers that are operated directly by the SA or through a
contract. Group homes might care for the released youth 24 hours a day;
provide classroom instruction; arrange for work-study programs, parent
consultation, and counseling; and act as a liaison to the local school
system.

An SA could also use a wide range of local resources and placements to
provide transition activities. For example an SA could arrange for
children and youth leaving a facility to 1) attend public or private
institutions with LEAs paying assessment or application fees; or2)
participate in local vocational education programs, GED preparation
programs offered by community colleges, or entrance into job training
programs for older youth.

+-----------------------------------------------------------------------+
| **Transition Activities---Example**                                   |
|                                                                       |
| A State's Transition Program for Juvenile Offenders provides a        |
| modified teaching schedule that facilitates transitional support, a   |
| structured student/teacher interview process, and systemic and        |
| continual monitoring of student progress. The modified teaching       |
| schedule allows all housing unit and special education teachers to    |
| devote one day a week to transition activities. The housing unit      |
| teachers use their "transition day" to interview and advise students  |
| in the institutions and the community, while each special education   |
| teacher acts as an education liaison between the housing unit teacher |
| and the parole officer. Permanent substitute teachers are assigned to |
| the teachers' classrooms on those days.                               |
|                                                                       |
| Structured student/teacher interviews assist students in making a     |
| successful transition back to school, work, or the community. This    |
| ongoing interaction between student and teacher also allows teachers  |
| to help students develop academic and vocational goals and objectives |
| that focus on activities the students will undertake once they return |
| to the community. To ensure that students are making progress toward  |
| their academic and vocational goals, systemic and continual           |
| monitoring is conducted as part of the overall transition program.    |
| The housing unit teacher responsible for monitoring student progress  |
| works with both the student and parole officers throughout the        |
| transition process.                                                   |
+-----------------------------------------------------------------------+

### K-3. Do pre-release activities, as well as post-release activities, count as transition services? {#k-3.-do-pre-release-activities-as-well-as-post-release-activities-count-as-transition-services .Style-Heading-3-+-11-pt}

**Yes.** "Transition" includes within-institution pre-release activities
as well as post-release activities.

### K-4. Do activities undertaken with the 15--30 percent transition reservation have to be transition activities not in any way already provided by the institution's school program? {#k-4.-do-activities-undertaken-with-the-1530-percent-transition-reservation-have-to-be-transition-activities-not-in-any-way-already-provided-by-the-institutions-school-program .Style-Heading-3-+-11-pt}

**No.** The list of activities suggested in section 1418 of ESEA
includes many activities that institutional programs already provide.
However, transition activities, like other activities funded by Subpart
1, must supplement and not supplant services that would in the absence
of Subpart 1 funds be provided through State or local funds.

Funds reserved for transition purposes do not need to be broken out for
each activity on a cost basis. A statement of activities is sufficient
to demonstrate compliance with section 1418 of ESEA. The example below
shows what one State might report to ED to demonstrate compliance.

+-----------------------------------------------------------------------+
| **Compliance with Transition Reservation Requirements---Example**     |
|                                                                       |
| A State reports to ED the following:                                  |
|                                                                       |
| "Of the \$67,000 one SA receives under Subpart 1, \$10,500 (or 15     |
| percent) is used for transition in the following ways: onsite         |
| transition planning, course materials, software, and assessment to    |
| provide classroom activities on preemployment aptitude and interest   |
| building; workplace social and behavioral skill-building; guidance    |
| services, GED preparation, and assessments; developing transition     |
| plans; assisting with transfer from the institution; providing        |
| referrals; teaching money management skills; teaching how to access   |
| community and agency resources; and assisting with college            |
| information."                                                         |
+-----------------------------------------------------------------------+

### K-5. May a State waive the transition reservation requirement if an SA has an existing comprehensive transition system? {#k-5.-may-a-state-waive-the-transition-reservation-requirement-if-an-sa-has-an-existing-comprehensive-transition-system .Style-Heading-3-+-11-pt}

**No.** A State may not waive the reservation requirements for SA
transition services. If a State has what it regards as a comprehensive
transition system, Subpart 1 funds may be used only to supplement that
system.

# LOCAL PROGRAMS FOR AT-RISK YOUTH (PART D, SUBPART 2)

## L. Federal Allocation of Funds to States {#l.-federal-allocation-of-funds-to-states .unnumbered}

### L-1. How does ED allocate Subpart 2 funds to States? {#l-1.-how-does-ed-allocate-subpart-2-funds-to-states .Style-Heading-3-+-11-pt}

ED determines Subpart 2 fund allocations when it calculates annual Title
I, Part A LEA allocations. ED calculates Subpart 2 fund allocations for
each State based on the October caseload data on the number of children
and youth ages 5 through 17 living in local institutions for neglected
and delinquent children and adult correctional institutions that the SEA
submits to ED. The caseload data must be for 30 consecutive days, at
least one day of which is in October. The Title I, Part A allocation
tables that ED provides to each SEA show the specific amount the State
has available for Subpart 2 purposes.

### L-2. How does ED identify children to be counted for Subpart 2 purposes?

Based on the October caseload data ED uses to determine eligibility
under Subpart 2, a child or youth must:

-   Be age 5 through 17;

-   Live in a locally operated facility that meets the definition of an
    institution for neglected children, an institution for delinquent
    children and youth or an adult correctional institution as provided
    in section 1432(1) or (4)(B) of Subpart 2---and not be counted in
    the enrollment data submitted to ED for Subpart 1 State agency N or
    D program allocation purposes; and

-   Live in the institution for at least one day during the 30-day count
    period.

### L-3. Based on the October caseload data used by ED, how should the SEA count children in a locally operated institution where some children are considered neglected and others are considered delinquent?  {#l-3.-based-on-the-october-caseload-data-used-by-ed-how-should-the-sea-count-children-in-a-locally-operated-institution-where-some-children-are-considered-neglected-and-others-are-considered-delinquent .Style-Heading-3-+-11-pt}

The SEA should look at the purpose of the institution. For example, if
the institution was chartered as a facility that serves delinquent
children, yet the majority of children served in that institution are
considered neglected because they were committed to the institution or
voluntarily placed in the institution under applicable State law due to
abandonment, neglect, or death of their parents or guardians, all of the
children in that institution should be counted as delinquents. The SEA
should continue to count all of the children in such an institution as
delinquent unless its charter and purpose change. It is important that
the SEA be consistent in how it reports these data every year. A change
in an institution's categorization without a change in its charter and
purpose would improperly affect the LEA eligibility and allocations
under Title I, Part A formulas.

### L-4. May an SEA include out-of-State children and youth who reside in locally operated institutions in the count of children in locally operated institutions for delinquent children and adult correctional facilities it submits to ED?  {#l-4.-may-an-sea-include-out-of-state-children-and-youth-who-reside-in-locally-operated-institutions-in-the-count-of-children-in-locally-operated-institutions-for-delinquent-children-and-adult-correctional-facilities-it-submits-to-ed .Style-Heading-3-+-11-pt}

**Yes.** The count is based on the October caseload count of any
children who reside in the facility regardless of the child's or youth's
State of origin.

## M. Subgrants by States to LEAs {#m.-subgrants-by-states-to-leas .unnumbered}

### M-1. How does an SEA make Subpart 2 subgrants to LEAs?  {#m-1.-how-does-an-sea-make-subpart-2-subgrants-to-leas .Style-Heading-3-+-11-pt}

From funds retained by the State for Subpart 2 purposes, the SEA awards
subgrants to eligible LEAs with high numbers or percentages of children
and youth in locally operated correctional facilities for children and
youth not operated by the State, including public or private
institutions and community day programs or schools that serve delinquent
children and youth.

The SEA has the option of awarding subgrants to eligible LEAs by formula
or through a discretionary grant process. If an SEA chooses to award
Subpart 2 subgrants on a discretionary basis, it may establish criteria
or priorities or both, consistent with State requirements for awarding
grants. If an SEA distributes funds through a formula, it may allocate
funds proportionately among the eligible LEAs based on each LEA's
proportionate share of children in correctional facilities or delinquent
institutions. In either case, the SEA must develop procedures for
determining and notifying LEAs within the State that they are eligible
to receive Subpart 2 funds.

### M-2. How does an SEA determine LEA eligibility for a Subpart 2 subgrant? {#m-2.-how-does-an-sea-determine-lea-eligibility-for-a-subpart-2-subgrant .Style-Heading-3-+-11-pt}

The SEA has broad discretion in determining LEA eligibility. For
example, in defining high numbers of children and youth residing in
locally operated correctional facilities, an SEA might choose to
aggregate the number of children and youth residing in locally operated
correctional facilities and institutions, community day programs and
schools that serve delinquent children across the State and divide by
the numbers of LEAs containing such institutions or facilities. Any LEA
with a number higher than the State average, or a minimum number
established by the State, could be considered to have a high number. In
determining what represents a high percentage, an SEA might, for
example, consider an LEA in which the locally operated correctional
facilities and institutions, community day programs and schools that
serve delinquent children, serve children totaling more than 10 percent
of the LEA's total school-age population as having a high percentage.

### M-3. In making subgrants to LEAs, must an SEA use the same data ED used to determine Subpart 2 allocations? {#m-3.-in-making-subgrants-to-leas-must-an-sea-use-the-same-data-ed-used-to-determine-subpart-2-allocations .Style-Heading-3-+-11-pt}

**No.** The SEA is not required to use the same data for purposes of
making subgrants. In allocating Subpart 2 funds to States, ED uses an
October caseload count of children and youth living in locally operated
correctional facilities or institutions for children who are delinquent.
However, when determining whether an LEA has a high number or percentage
of such children and providing allocations, the SEA may include children
and youth participating in locally operated community day school
programs and schools not operated by the State that serve children and
youth who are delinquent and who do not live in a facility.

### M-4. May the SEA change the amount of the Subpart 2 subgrant allocations? {#m-4.-may-the-sea-change-the-amount-of-the-subpart-2-subgrant-allocations .Style-Heading-3-+-11-pt}

**Yes.** The SEA may reduce or terminate funds on the basis of the LEA's
inability to demonstrate student progress.

### M-5. What may an LEA do if it has Subpart 2 funds remaining at the end of the year? {#m-5.-what-may-an-lea-do-if-it-has-subpart-2-funds-remaining-at-the-end-of-the-year .Style-Heading-3-+-11-pt}

The LEA may apply to the SEA to carry over the funds from one fiscal
year to the next. With approval from the SEA, the LEA can retain the
funds. However, section 421(b) of GEPA requires that funds made
available for a given fiscal year be obligated by both the SEA and LEA
within 27 months of the date ED awards funds to the SEA.

### M-6. Is an LEA that received Subpart 2 funds in the previous year entitled to receive a "hold-harmless" allocation? {#m-6.-is-an-lea-that-received-subpart-2-funds-in-the-previous-year-entitled-to-receive-a-hold-harmless-allocation .Style-Heading-3-+-11-pt}

**No.** The hold-harmless provisions of Title I, Part A do not apply to
subgrants received by LEAs under Subpart 2.

## N. LEA Applications {#n.-lea-applications .unnumbered}

### N-1. How does an LEA apply to the SEA for funds? {#n-1.-how-does-an-lea-apply-to-the-sea-for-funds .Style-Heading-3-+-11-pt}

To receive Subpart 2 funds, each eligible LEA must apply to the SEA as
outlined in section 1423 of ESEA. An LEA application must include (1) a
description of the program(s) to be assisted with the Subpart 2 funds,
and (2) a description of the formal agreements, regarding the program to
be assisted, between the LEA and the local correctional facilities and
alternative school programs that serve children and youth involved with
the juvenile justice system.

The application also must include, as appropriate, a description of how
participating schools will coordinate with locally operated correctional
facilities working with delinquent children and youth that have entered
into a formal agreement with the LEA to ensure that the children and
youth in the local correctional facilities are participating in an
education program that is comparable to the one the LEA operates in the
school that such children and youth would otherwise attend. In
determining if the education program in a correctional facility is
comparable, the LEA may wish to use criteria that indicate, for example,
whether the program meets State academic achievement standards, whether
the program offers the subjects required for each grade level, and
whether the subjects offered provide credits toward a high school
diploma.

For those LEAs that use Subpart 2 funds to support LEA-operated
alternative programs for children and youth who are at-risk, the SEA may
require an LEA to describe the procedures it uses to select
participating schools and children. Although the statute makes no
specific provisions for selecting schools within an LEA to receive
Subpart 2 funds to serve children and youth who are at-risk, an SEA may
require an LEA to allocate funds based on need, which could reflect
concentration of poverty, dropout rates, or some other reasonable
objective indicator of educational need.

### N-2. May an agency other than an LEA apply for Subpart 2 funds? {#n-2.-may-an-agency-other-than-an-lea-apply-for-subpart-2-funds .Style-Heading-3-+-11-pt}

**No.** Only LEAs are eligible to apply. An LEA, however, may apply and
subcontract with another agency to provide services. In such instances,
the LEA must exercise administrative control and assume responsibility
for monitoring the contract to ensure compliance with applicable
statutory and regulatory requirements.

### N-3. How does the LEA determine the eligibility of children and youth to receive services under Subpart 2? {#n-3.-how-does-the-lea-determine-the-eligibility-of-children-and-youth-to-receive-services-under-subpart-2 .Style-Heading-3-+-12-pt}

All children and youth in local correctional facilities are eligible to
be served through the age of 21. In local participating schools, all
youth who are eligible for services under Title I, Parts A or C of ESEA
are eligible if the school receives Title I funds.

If a school receiving Subpart 2 funds is not a Title I, Part A school,
the LEA may identify the at-risk youth enrolled in the school for Part D
services by such categories as:

-   Children and youth who have been adjudicated within the juvenile
    justice system but have returned to a school operated by the school
    district (using the best available records and data available to
    identify these individuals);

-   Migrant children or youth (based on their eligibility for services
    under Title I, Part C of ESEA);

-   Immigrant children or youth;

-   Gang members (based on definitions established by the SEA or LEA);

-   Pregnant and parenting youth through the age of 21;

-   Children who are at-risk of school failure or who have failed
    before;

-   Children who have limited English proficiency; and

-   Children who have dropped out of school.

## O. Uses of Funds {#o.-uses-of-funds .unnumbered}

### O-1. What are the requirements for the use of Subpart 2 funds? {#o-1.-what-are-the-requirements-for-the-use-of-subpart-2-funds .Style-Heading-3-+-11-pt}

An LEA receiving Subpart 2 funds may use the funds to operate programs
that involve collaboration with locally operated facilities with which
the LEA has established formal agreements regarding the services to be
provided:

-   To carry out high-quality education programs that prepare children
    and youth to complete high school, enter training or employment
    programs, or further their education;

-   To provide activities that facilitate the transition of such
    children and youth from the correctional program in an institution
    to further education or employment; and

-   To operate dropout prevention programs in local schools for children
    and youth who are at-risk of dropping out or youth returning from
    correctional facilities.

    An LEA also may use Subpart 2 funds, as appropriate, for:

-   Dropout prevention programs that serve at-risk children and youth.
    An at-risk child or youth means a school-aged individual who is
    at-risk of academic failure, has a drug or alcohol problem, is
    pregnant or is a parent, has previously come into contact with the
    juvenile justice system, is at least 1 year behind the expected
    grade level for the age of the individual, is a migrant or an
    immigrant, has limited English proficiency, is a gang member, has
    previously dropped out of school, or has a high absenteeism rate at
    school.

-   Coordination of health and social services for children and youth
    who are at-risk (e.g., day care, drug and/or alcohol abuse
    counseling and mental health services) if there is a likelihood that
    providing such services will help these children complete their
    education.

-   Special programs that meet the unique academic needs of children and
    youth who are at-risk, including vocational and technical education,
    special education, career counseling, curriculum-based
    entrepreneurship education and assistance in securing of student
    loans or grants for postsecondary education.

-   Programs providing mentoring and peer mediation.

An LEA receiving Subpart 2 funds must use a portion of its funds to
operate a dropout prevention program for students returning from a
locally operated correctional facility. However, an LEA that serves a
school operated by a locally operated correctional facility, in which
more than 30 percent of the children and youth attending the school will
reside outside the boundaries served by the LEA upon leaving the
facility, is not required to operate a dropout prevention program within
the school and may use all of its Subpart 2 funds for programs in
locally operated correctional facilities, provided that those facilities
have a formal agreement with the LEA.

### O-2. May an LEA decide that Subpart 2 funds should be targeted to a particular category of at-risk youth, such as children with limited English proficiency or immigrant youth, rather than other categories of youth, without documenting that those children have the greatest need? {#o-2.-may-an-lea-decide-that-subpart-2-funds-should-be-targeted-to-a-particular-category-of-at-risk-youth-such-as-children-with-limited-english-proficiency-or-immigrant-youth-rather-than-other-categories-of-youth-without-documenting-that-those-children-have-the-greatest-need .Style-Heading-3-+-11-pt}

**Yes.** An LEA may target Subpart 2 funds to meet the needs of one or
more categories of children and youth who are at-risk without
documenting that such a category or categories have greater needs than
other categories. However, depending on SEA application requirements, an
LEA might be required to explain its rationale for choosing to serve a
particular category of children who are at- risk.

### O-3. If a detention center closes and the LEA that was providing Subpart 2 services to the center has a dropout-prevention program, may the LEA use the supplies and equipment for its dropout program or does the inventory have to go to another facility served by the LEA? {#o-3.-if-a-detention-center-closes-and-the-lea-that-was-providing-subpart-2-services-to-the-center-has-a-dropout-prevention-program-may-the-lea-use-the-supplies-and-equipment-for-its-dropout-program-or-does-the-inventory-have-to-go-to-another-facility-served-by-the-lea .Style-Heading-3-+-11-pt}

The supplies may be shifted to a program that meets the requirements of
Subpart 2, such as the LEA's dropout-prevention program.

### O-4. May Subpart 2 funds be used for administration or program coordination at the LEA level? {#o-4.-may-subpart-2-funds-be-used-for-administration-or-program-coordination-at-the-lea-level .Style-Heading-3-+-11-pt}

**Yes.** Subpart 2 funds may be used for program administration or
program coordination if it is reasonable and necessary and the
activities have a clear and direct effect on the improvement of services
for students. For example, under these circumstances, funds could be
used to hire an administration staff person to facilitate student
records transfer.

### O-5. May Subpart 2 funds be used by an LEA to support training in vocational and technical skills and GED prep in an independently operated institution for youth who are delinquent? {#o-5.-may-subpart-2-funds-be-used-by-an-lea-to-support-training-in-vocational-and-technical-skills-and-ged-prep-in-an-independently-operated-institution-for-youth-who-are-delinquent .Style-Heading-3-+-11-pt}

**Yes,** so long as the program application is approved by the LEA and
meets the statutory requirements in Subpart 2.

### O-6. May LEAs provide services to delinquent children in community day programs under Subpart 2? {#o-6.-may-leas-provide-services-to-delinquent-children-in-community-day-programs-under-subpart-2 .Style-Heading-3-+-11-pt}

**Yes.** 34 CFR 200.91(c) defines a "locally operated correctional
facility" to include a local public or private institution and community
day program or school not operated by the State that serves delinquent
children and youth.

**O-7. In addition to allocating Subpart 2 funds, may an LEA reserve
funds from Title I, Part A of the ESEA, to serve children and youth in
local correctional facilities and institutions for youth who are
delinquent?**

**Yes.** 34 CFR 200.77(a)(3) of the Title I, Part A, regulations allows
an LEA, where appropriate, to reserve funds that are reasonable and
necessary to provide services to children in local institutions for
delinquent children and neglected or delinquent children in community
day programs.

## P. Program Requirements for Subpart 2 Programs {#p.-program-requirements-for-subpart-2-programs .unnumbered}

### P-1. What are the program implementation requirements under Subpart 2? {#p-1.-what-are-the-program-implementation-requirements-under-subpart-2 .Style-Heading-3-+-11-pt}

Each locally operated correctional facility that receives assistance
under Subpart 2 must have a formal agreement with the LEA outlining the
programs and services to be provided to its population with Subpart 2
funds. Each correctional facility must:

-   Where feasible, ensure that educational programs in the correctional
    facility are coordinated with the student's home school,
    particularly with respect to students with an IEP under Part B of
    the Individuals with Disabilities Education Act (IDEA);

-   Notify the local school of the child or youth if the child or youth
    is identified while in the facility as being in need of special
    education and related services;

-   Where feasible, provide transition assistance to help the child or
    youth stay in school, including coordination of services for the
    family, counseling, assistance in accessing drug and alcohol abuse
    prevention programs, tutoring, and family counseling;

-   Provide support programs that encourage children and youth who have
    dropped out of school to reenter school once they have completed
    their term at the correctional facility, or provide them with the
    skills necessary to gain employment or to seek a secondary school
    diploma or its recognized equivalent;

-   Work to ensure that the correctional facility is staffed with
    teachers and other qualified staff who are trained to work with
    children and youth who have disabilities taking into consideration
    the unique needs of such children and youth;

-   Ensure that educational programs in the correctional facility are
    related to assisting students to meet high academic achievement
    standards;

-   Use, to the extent possible, technology to assist in coordinating
    educational programs between the correctional facility and the
    community school;

-   Where feasible, involve parents in efforts to improve the
    educational achievement of their children and to prevent further
    involvement of such children in delinquent activities;

-   Coordinate Subpart 2 funds with other Federal, State, and local
    funds to provide services to participating children and youth, such
    as funds made available under Title I of the Workforce Investment
    Act of 1998 (P.L. 105-220) and vocational and technical education
    funds;

-   Coordinate Subpart 2 programs with activities funded under the
    Juvenile Justice and Delinquency Prevention Act of 1974 and other
    comparable programs, if applicable; and

-   Work, where appropriate, with local businesses to develop training,
    curriculum-based youth entrepreneurship education, and mentoring
    programs for children and youth.

### P-2. Do the requirements for highly qualified teachers apply to teachers who work in such entities as juvenile institutions, correctional institutions, and other alternative educational settings? {#p-2.-do-the-requirements-for-highly-qualified-teachers-apply-to-teachers-who-work-in-such-entities-as-juvenile-institutions-correctional-institutions-and-other-alternative-educational-settings .Style-Heading-3-+-11-pt}

**It depends.** Section 1119 of Title I of ESEA requires each SEA that
receives Title I, Part A funds to develop (and implement) a plan to
ensure that all teachers teaching in core academic subjects within the
State are highly qualified. This requirement extends to all teachers of
core academic subjects who are employed by agencies or entities under
the authority of the SEA. As a result, it applies to teachers employed
by LEAs that must meet annual measurable objectives for ensuring that
teachers are highly qualified set by the SEA, as well as to teachers
employed by the SEA or other entities under the SEA's authority. Thus,
if entities such as juvenile institutions, correctional institutions,
and other alternative educational settings either are LEAs under State
law or are under the authority of the SEA, teachers of core academic
subjects employed by those entities must be highly qualified.

If, however, the entities that employ these teachers are neither LEAs as
defined under State law nor under the SEA's authority, the section 1119
requirements regarding highly qualified teachers do not apply.
Nevertheless, it is critical that all students, regardless of school
setting, are able to achieve to the State's academic content and
academic achievement standards. Therefore, all educational
entities---whether covered by the highly qualified teacher requirements
or not---are urged to ensure that students have teachers with the
content knowledge and skills needed to help them succeed.

## Q. Accountability {#q.-accountability .unnumbered}

### Q-1. What are the monitoring responsibilities of the SEA and the LEA under Subpart 2? {#q-1.-what-are-the-monitoring-responsibilities-of-the-sea-and-the-lea-under-subpart-2 .Style-Heading-3-+-11-pt}

SEAs are required to monitor the grantee's implementation of the LEA
program funded under Subpart 2. Additionally, LEAs are responsible for
monitoring every facility or institution with which they have contracted
for services to ensure that the facility or institution is carrying out
its responsibilities as outlined in its formal agreement and is
complying with all applicable statutory and regulatory requirements. In
accounting for how effectively Subpart 2 funds are used by the LEA, an
SEA may:

-   Reduce or terminate funding for LEA-based projects supported with
    Subpart 2 funds if the projects do not show progress in reducing
    dropout rates over a 3-year period; and

-   Require that local correctional facilities and institutions for
    delinquent children and youth demonstrate, after receiving
    assistance under Subpart 2 for 3 years, that there has been an
    increase in the number of children and youth returning to school,
    obtaining a secondary school diploma or its recognized equivalent,
    or obtaining employment after they are released.

# PROGRAM EVALUATIONS (PART D, SUBPART 3)

## R. Evaluation Requirements {#r.-evaluation-requirements .unnumbered}

### R-1. What are program evaluation requirements For Subpart 1 And 2 Programs?

Each SA or LEA that conducts a program for children and youth who are
neglected, delinquent, or at-risk under Subparts 1 and 2 must evaluate
the program, disaggregating data on participation by gender, race,
ethnicity, and age, not less than once every 3 years to determine the
program's effect on the ability of participants to maintain and improve
educational achievement; accrue school credits that meet State
requirements for grade promotion and secondary school graduation; make
the transition to a regular program or other education program operated
by an LEA; complete secondary school (or secondary school equivalency
requirements); and obtain employment after leaving the correctional
facility or institution for neglected or delinquent children and youth
and, as appropriate, participate in postsecondary education and job
training. In conducting each evaluation, an SA or LEA shall use multiple
and appropriate measures of student progress.

Each SA and LEA must:

-   Submit evaluation results to the SEA and ED.

-   Use the results of evaluations to plan and improve subsequent
    programs for participating children and youth.

Part D programs should be designed with the expectation that children
and youth will have the opportunity to meet the same challenging State
academic content and academic achievement standards that all children in
the State are expected to meet. To the extent feasible, evaluations
should be tied to the standards and assessment system that the State or
school district has developed for all children.

### R-2. In assessing the effect of Title I, Part D State and local programs for children and youth who are N or D or at-risk, must SEAs and LEAs use the same State or local assessment system developed for all children? {#r-2.-in-assessing-the-effect-of-title-i-part-d-state-and-local-programs-for-children-and-youth-who-are-n-or-d-or-at-risk-must-seas-and-leas-use-the-same-state-or-local-assessment-system-developed-for-all-children .Style-Heading-3-+-11-pt}

The SA or LEA must determine which tests are the most appropriate
assessments of its N or D students' progress. For example, tests
designed to be administered as pre- and post-tests at the time a youth
enters a facility and then, again, when he or she leaves, may be more
appropriate measures of progress than annual State assessments. If it is
determined that the State assessments are not available or would not
provide accurate information about the progress of children in
institutions, the SA or LEA may select other assessments (as well as any
additional indicators to measure the progress of these programs) that
are more appropriate and reflect the progress of those children toward
meeting the State's standards.

### R-3. Are the same criteria for adequate yearly progress (AYP) that the SEA has defined in its State Accountability Plan applied to SA and LEA programs for children and youth who are neglected, delinquent, or at-risk when evaluating these programs? {#r-3.-are-the-same-criteria-for-adequate-yearly-progress-ayp-that-the-sea-has-defined-in-its-state-accountability-plan-applied-to-sa-and-lea-programs-for-children-and-youth-who-are-neglected-delinquent-or-at-risk-when-evaluating-these-programs .Style-Heading-3-+-11-pt}

In many cases, State definitions of AYP may not provide an appropriate
indication of progress for programs that serve children and youth in
institutions for children who are N or D. Because of high turnover and
limited length of stay of children and youth in many of these
institutions, SAs and LEAs may not be able to use the same measures as
are applied to children who attend school in a more traditional setting.
Frequently, most students in these institutions who receive instruction
for different lengths of stay are not available during the time period
in which the assessments are given, and it is therefore very difficult
to measure progress over time. In addition, many of the students do not
reside in an institution for a full academic year, and the AYP
provisions of Title I of ESEA are based on assessment results for
students who are in the schools of an LEA for at least one full academic
year. However, programs serving the population of children and youth who
are neglected, delinquent or at-risk must develop State-approved
criteria by which the effects of these programs on participants will be
evaluated.