Ohio Department of Education

**January 8--12, 2007**

**Scope of Review:** A team from the U.S. Department of Education's (ED)
Student Achievement and School Accountability Programs (SASA) monitored
the Ohio Department of Education (ODE) the week of January 8--12, 2007.
This was a comprehensive review of ODE's administration of the following
programs authorized by the Elementary and Secondary Education Act of
1965 (ESEA), as amended by the No Child Left Behind Act (NCLB): Title I,
Part A; Title I, Part B, Subpart 3; and

Title I, Part D. Also reviewed was Title X, Part C, Subtitle B of NCLB
(also known as the McKinney-Vento Homeless Education Assistance
Improvements Act of 2001).

In conducting this comprehensive review, the ED team carried out a
number of major activities. In reviewing the Part A program, the ED team
conducted an analysis of State assessments and State Accountability
System Plans, reviewed the effectiveness of the instructional
improvement and instructional support measures established by the State
to benefit local educational agencies (LEAs) and schools, and reviewed
compliance with fiscal and administrative oversight requirements
required of the SEA. During the onsite week, the ED team visited three
LEAs -- Cincinnati Public Schools (CPS), Northwest Local School District
(NLSD), and VLT Academy and interviewed administrative staff,
interviewed staff from nine schools in the LEAs, eight of which have
been identified for improvement, and conducted two parent meetings, and
interviewed supplemental educational services (SES) providers. The ED
team then interviewed ODE personnel to confirm data collected in each of
the three monitoring indicator areas. As part of the expanded monitoring
for public school choice and Supplemental Educational Services (SES)
portion of the review, the ED team reviewed only these requirements in
Columbus City Schools (CCS), Dayton Public Schools (DPS) and
Trotwood-Madison City Schools (TMCS). The team interviewed LEA and
school administrators, parents and SES providers in these additional
LEAs.

In its review of the Title I, Part B, Subpart 3 Even Start program, the
ED team examined the State's request for proposals, State Even Start
guidance, State indicators of program quality, and the most recent
applications and local evaluations for two local projects, Northridge
Even Start and Dayton Public Schools Life Enrichment Center. During the
onsite review, the ED team visited these local projects and interviewed
administrative and instructional staff. The ED team also interviewed the
Even Start State Coordinator to confirm information obtained at the
local sites and to discuss State administration issues.

In its review of the Title I, Part D program, the ED team examined the
State's application for funding, procedures and guidance for State
Agency (SA) applications under Subpart 1 and LEA applications under
Subpart 2, technical assistance provided to SAs and LEAs, the State's
oversight and monitoring plan and activities, SA and LEA subgrant plans
and local evaluations for Subpart 1 projects operated by the Ohio
Department of Youth Services (ODYS) and the Ohio Department of
Rehabilitation and Correction (ODRC) and Subpart 2 programs in CCS and
CPS. The ED team interviewed administrative, program and teaching staff.
The ED team also interviewed the Title I, Part D State coordinator to
confirm information obtained at the local sites and discuss
administration of the program.

In its review of the Education for Homeless Children and Youth program
(Title X, Part C, Subtitle B), the ED team examined the State's
procedures and guidance for the identification, enrollment and retention
of homeless students, technical assistance provided to LEAs with and
without subgrants, the State's McKinney-Vento application, and LEA
applications for subgrants and local evaluations for projects in CCS and
CPS. The ED team also interviewed the ODE McKinney-Vento State
coordinator to confirm information obtained at the local site and
discuss administration of the program.

**Previous Audit Findings:** None.

**Previous Monitoring Findings:** ED last monitored the Title I, Part A
program in Ohio in June 2005. The team identified one compliance issue
during that review in the area of equitable services to private school
students that was subsequently resolved.

## [Overview of Public School Choice and SES Implementation]{.underline}

**Public School Choice**

For the 2005-2006 school year, Ohio reports that it had 143 schools from
which students transferred under the public school choice provisions of
Title I. One thousand nine hundred and ninety-four students (1994) out
of a total of 115,450 eligible students transferred to 204 schools.

Ohio offers several choice programs in addition to public school choice
offered under Title I, Part A. These include the Ohio Educational Choice
Scholarship (EdChoice) program which provides scholarships to students
who attend persistently under-performing public schools so they may
enroll in participating chartered non-public schools, and a Statewide
open enrollment policy which enables a student to attend a tuition-free
school in an LEA other than the one in which the student's parents
reside. In the 2006-2007 school year, out of a total of 664 LEAs, 135
LEAs (20 percent) had students that transferred to adjacent LEAs and 348
LEAs (54 percent) had students that transferred to other LEAs in the
State. As of October 2, 2006, 542 students in CPS had been awarded and
accepted EdChoice scholarships.

Parents also have the option of enrolling their children in numerous
charter schools, which the ODE indicated is a popular option in large
urban areas. Magnet schools are also available. Many Ohio LEAs have an
open enrollment policy that enables students to attend any elementary
school in the LEA based on enrollment.

The ODE indicated that parents are often offered the opportunity to
transfer under State and local authorities prior to being offered public
school choice under Title I, Part A with the result that many parents
have already exercised their choices prior to the time that public
school choice is offered under Title I, Part A. For example, NLSD, with
1,100 students eligible to transfer through Title I in the 2006-2007
school year, reports 33 students transferred using the Title I
authority, while 609 students transferred through its open enrollment
program or to charter schools.

The ODE has many support materials on its website to support public
school choice implementation including guidance to LEAs, sample parent
notification letters, and a parent engagement packet.

# Supplemental Educational Services

For school year 2005-2006, Ohio reports that it had 168 schools
identified for improvement, corrective action or restructuring whose
students received SES. A total of 86,974 students were eligible to
receive services with 7,468 students actually participating. At the LEA
level, CPS reported it was able to increase participation in SES from
800 to 2,007 students in the 2006-2007 school year using a combination
of a "parent handbook" with information on SES providers and
school-based parental involvement coordinators to work with parents.
(CPS reported spending an amount equal to more than 15 percent of its
Title I funding on SES in the 2006-2007 school year.) Participation
rates in CCS, DPS, and TMCS also increased from the 2005-2006 to the
2006-2007 school year with participation rates of 14.9 percent, 16
percent, and 26 percent, respectively.

Interviews with parents, LEA staff, and SES providers indicated that the
following activities worked well in administering SES: (1) multiple
vendor fairs (expressed by several parents); (2) parent liaisons at
school to assist parents to understand how to access services; and (3)
providing services in a variety of locations such as schools, libraries,
and community centers. Providers and LEA staff in LEAs using an
electronic data system accessible by both LEA staff and providers
indicated it facilitated administration of SES and provider access to
student achievement information (once parental permission was granted).

Concerns included: (1) A parent in TMCS indicated that she had received
no progress reports (the LEA was going to follow up as they were not
aware of this); (2) inability to use classroom space limits service
options (providers in CCS); (3) group sizes of up to 12 students per
tutor; and (4) a concern among some providers that they cannot access
parent lists to recruit eligible students.[^1]

The ODE has many support materials on its website to support SES
implementation including materials for becoming an approved SES
provider, sample parent notification letters, guidance to LEAs on SES
implementation agreement criteria, and sample SES effectiveness
reporting documents. Although the ODE has a sample LEA SES planning
timeline with SES starting in September or October, many providers
reported starting the actual delivery of SES in November. In one case
services did not begin until January.

**[Overarching Requirement -- SEA Monitoring]{.underline}**

A State's ability to fully and effectively implement the requirements of
NCLB is directly related to the extent to which it is able to regularly
monitor its LEAs and provide quality technical assistance based on
identified needs. This principle applies across all Federal programs
under NCLB.

Federal law does not specify the particular method or frequency with
which States must monitor their grantees, and States have a great deal
of flexibility in designing their monitoring systems. Whatever process
is used, it is expected that States have mechanisms in place sufficient
to ensure that they are able to collect and review critical
implementation data with the frequency and intensity required to ensure
effective (and fully compliant) programs under NCLB. Such a process
should promote quality instruction and lead to achievement of the
proficient or advanced level on State academic achievement standards by
all students.

[Status:]{.underline} Met Requirements

Title I, Part A

**Summary of Monitoring Indicators**

+------------+-------------------------------------+-------------+----+
| **         |                                     |             |    |
| Monitoring |                                     |             |    |
| Area 1,    |                                     |             |    |
| Title I,   |                                     |             |    |
| Part A:    |                                     |             |    |
| Accoun     |                                     |             |    |
| tability** |                                     |             |    |
+------------+-------------------------------------+-------------+----+
| *          | **Description**                     | **Status**  | #  |
| *Indicator |                                     |             | Pa |
| Number**   |                                     |             | ge |
+------------+-------------------------------------+-------------+----+
| 1.1        | SEA has approved systems of         | Rec         | 6  |
|            | academic content standards,         | ommendation |    |
|            | academic achievement standards and  |             |    |
|            | assessments (including alternate    |             |    |
|            | assessments) for all required       |             |    |
|            | subjects and grades, or has an      |             |    |
|            | approved timeline for developing    |             |    |
|            | them.                               |             |    |
+------------+-------------------------------------+-------------+----+
| 1.2        | The SEA has implemented all         | Rec         | 6  |
|            | required components as identified   | ommendation |    |
|            | in its accountability workbook.     |             |    |
+------------+-------------------------------------+-------------+----+
| 1.3        | The SEA has published an annual     | Finding     | 7  |
|            | report card as required and an      |             |    |
|            | Annual Report to the Secretary.     | Rec         |    |
|            |                                     | ommendation |    |
+------------+-------------------------------------+-------------+----+
| 1.4        | The SEA has ensured that LEAs have  | Finding     | 7  |
|            | published annual report cards as    |             |    |
|            | required.                           |             |    |
+------------+-------------------------------------+-------------+----+
| 1.5        | The SEA indicates how funds         | Met         | N  |
|            | received under Grants for State     | R           | /A |
|            | Assessments and related activities  | equirements |    |
|            | (Section 6111) will be or have been |             |    |
|            | used to meet the 2005-06 and        |             |    |
|            | 2007-08 assessment requirements of  |             |    |
|            | NCLB.                               |             |    |
+------------+-------------------------------------+-------------+----+
| 1.6        | The SEA ensures that LEAs meet all  | Met         | N  |
|            | requirements for identifying and    | R           | /A |
|            | assessing the academic achievement  | equirements |    |
|            | of limited English proficient       |             |    |
|            | students.                           |             |    |
+------------+-------------------------------------+-------------+----+

**Indicator 1.1 -- SEA has approved systems of academic content
standards, academic achievement standards and assessments (including
alternate assessments) for all required subjects and grades, or has an
approved timeline for developing them.**

**[Recommendation]{.underline}:** The ODE requires all students in
tested grades to be included in the assessment system. Migrant students
are included as a data element in the Education Management Information
System; however, the Ohio Statewide Testing Program Rules Book does not
include explicit guidelines for testing migrant students. As the Testing
Rules Book is revised, it is recommended that the ODE include guidelines
for testing migrant students.

**Indicator 1.2 -- The SEA has implemented all required components as
identified in its accountability workbook**.

**[Recommendation]{.underline}:** The Ohio graduation rate formula is
being revised to focus on "on time" graduation. The ODE should amend its
Accountability Workbook to reflect the change in graduation rate
calculation.

**Indicator 1.3 -- The SEA has published an annual report card as
required.**

**[Finding:]{.underline}** The ODE State report card did not include all
of the required information. The following were incomplete:

1.  Information, in the aggregate, on student achievement at each
    proficiency level (referred to as performance level in Ohio) on the
    State academic assessments disaggregated by race, ethnicity, gender,
    disability status, and migrant status, English proficiency and
    status as economically disadvantaged (where the minimum "n" has been
    met). Achievement information is not presented for migrant status or
    for each proficiency level (referred to as performance level in
    Ohio).

2.  Comparison of the actual achievement levels of each group of
    students previously described to the State's annual measurable
    objectives for each required assessment. Achievement information is
    not presented for migrant status.

3.  Information on LEAs regarding whether they made adequate yearly
    progress (AYP), including the number and names of schools identified
    for school improvement. The number and names of schools identified
    for school improvement are omitted.

[Citation:]{.underline} Section 1111(h)(1)(C)(i, ii, and vii) of the
ESEA requires that the State annual report card include: (i)
information, in the aggregate, on student achievement at each
proficiency level on the State academic assessments described in
subsection (b)(3) disaggregated by race, ethnicity, gender, disability
status, and migrant status, English proficiency and status as
economically disadvantaged (where the minimum "n" has been met); (ii)
comparison of the actual achievement levels of each group of students
described in subsection (b)(2) (C)(v) to the State's annual measurable
objectives for each required assessment; and (vii) information on the
performance of LEAs regarding whether they made AYP, including the
number and names of schools identified for school improvement under
section 1116.

[Further action required:]{.underline} The ODE must submit to ED a
template of the State report card that includes the missing information
cited in the report. When the State report card for the 2006-2007 school
year is completed, the ODE must submit it to ED.

**[Recommendation:]{.underline}** It is difficult to locate information
on the ODE web-based report card. The ODE should improve the
accessibility of data. This may require reorganization of the web site,
simplified navigation strategies, and/or training of customers.

**Indicator 1.4 -- The SEA has ensured that LEAs have published annual
report cards as required.**

**[Finding:]{.underline}** LEA report cards and individual school
reports do not include all required information. LEA and school reports
do not include aggregate student achievement information at each
proficiency level (referred to as performance level in Ohio) on the
State academic assessments disaggregated by race, ethnicity, gender,
disability status, and migrant status, English proficiency and status as
economically disadvantaged. The percentages of students at or above the
proficient level are presented rather than achievement information at
each achievement level (referred to as performance level in Ohio).
Migrant status is omitted.

Individual school reports do not show how the school's students achieve
on the statewide academic assessments and other indicators of AYP
compared to that of students in the State. The LEA annual report card
does not include the number and percent of schools identified for
improvement by name or how long the schools have been so identified. ODE
presents percentages of teachers with emergency or provisional
credentials, but these data are not disaggregated by high- and
low-poverty schools on the LEA report card.

[Citation:]{.underline} Section 1111(h)(1)(C)(i, viii) and section 1111
(h)(2)(B)(i)(I, II) of the ESEA require States to ensure that each local
educational agency collects appropriate data and includes in the local
educational agency\'s annual report the information described in
paragraph (1)(C) as applied to the local educational agency and each
school served by the local educational agency.

[Further action required:]{.underline} The ODE must submit to ED a
template of the LEA report card that includes the missing district and
school level information. When the LEA report card for the 2006-2007
school year is completed, the ODE must submit it to ED.

+------------+-------------------------------------+------------+-----+
| ##         |                                     |            |     |
|  Monitorin |                                     |            |     |
| g Area 2,  |                                     |            |     |
| Title I, P |                                     |            |     |
| art A: Pro |                                     |            |     |
| gram Impro |                                     |            |     |
| vement, Pa |                                     |            |     |
| rental Inv |                                     |            |     |
| olvement a |                                     |            |     |
| nd Options |                                     |            |     |
+------------+-------------------------------------+------------+-----+
| **I        | ## Description                      | ## Status  | #   |
| ndicator** |                                     |            | # P |
|            | ##                                  |            | age |
| **Number** |                                     |            |     |
+------------+-------------------------------------+------------+-----+
| 2.1        | The SEA has developed procedures to | Met        | N/A |
|            | ensure the hiring and retention of  | Re         |     |
|            | qualified paraprofessionals.        | quirements |     |
+------------+-------------------------------------+------------+-----+
| 2.2        | The SEA has established a statewide | Met        | N/A |
|            | system of support that provides, or | Re         |     |
|            | provides for, technical assistance  | quirements |     |
|            | to LEAs and schools as required.    |            |     |
+------------+-------------------------------------+------------+-----+
| 2.3        | The SEA ensures that LEAs and       | Met        | N/A |
|            | schools meet parental involvement   | Re         |     |
|            | requirements.                       | quirements |     |
+------------+-------------------------------------+------------+-----+
| 2.4        | The SEA ensures that LEAs and       | Met        | N/A |
|            | schools identified for improvement, | Re         |     |
|            | corrective action, or restructuring | quirements |     |
|            | have met the requirements of being  |            |     |
|            | so identified.                      |            |     |
+------------+-------------------------------------+------------+-----+
| 2.5        | The SEA ensures that requirements   | Met        | N/A |
|            | for public school choice are met.   | Re         |     |
|            |                                     | quirements |     |
+------------+-------------------------------------+------------+-----+
| 2.6        | The SEA ensures that requirements   | Finding    | 9   |
|            | for the provision of supplemental   |            |     |
|            | educational services (SES) are met. |            |     |
+------------+-------------------------------------+------------+-----+
| 2.7        | The SEA ensures that LEAs and       | Met        | N/A |
|            | schools develop schoolwide programs | Re         |     |
|            | that use the flexibility provided   | quirements |     |
|            | to them by the statute to improve   |            |     |
|            | the academic achievement of all     |            |     |
|            | students in the school.             |            |     |
+------------+-------------------------------------+------------+-----+
| 2.8        | The SEA ensures that LEA targeted   | Met        | N/A |
|            | assistance programs meet all        | Re         |     |
|            | requirements.                       | quirements |     |
+------------+-------------------------------------+------------+-----+

**Indicator 2.6 -- The SEA ensures that the requirements for the
provision of supplemental educational services (SES) are met.**

**[Finding:]{.underline}** The ODE has not consistently ensured that SES
are being implemented consistent with the statute. CCS inappropriately
restricted SES to students performing below the proficient level in
grades three through eight. The priority may only be applied in cases
where funds are insufficient to provide SES to every parent who requests
them. While CCS provides SES to approximately 1,700 students, it has the
fiscal capacity to serve an additional 300 students within the 20
percent cap. TMCS required parents to attend a provider fair in order to
select a SES provider thereby limiting parental opportunities to enroll
their children in SES.

[Citation:]{.underline} Section 1116(b)(5), (7), and (8) of the ESEA
requires schools identified for the second year of improvement,
corrective action, and restructuring to offer SES consistent with the
requirements of section 1116(e)(1). Section 1116(b)(10)(C) requires that
LEAs give priority to the lowest achieving students if funds are
insufficient to provide SES to every parent who requests them.

[Further action required]{.underline}: The ODE must provide additional
written guidance to its LEAs reiterating that SES are to be offered to
students from low-income families in all grades served by the school
identified for the second year of improvement, corrective action or
restructuring. This guidance must also clarify that the priority for
low-achieving students may be applied only in cases where there are
insufficient funds to serve all the students whose parents request these
services, and that LEAs may not impose additional requirements that
deprive parents of the opportunity to enroll eligible children in SES.
The ODE must also provide a plan for the steps it will take to ensure
that CCS and TMCS implement SES in accordance with the statute in the
2006-2007 school year.

+----------+-----------------------------------------+---------+-----+
| **Mo     |                                         |         |     |
| nitoring |                                         |         |     |
| Area 3,  |                                         |         |     |
| Title I, |                                         |         |     |
| Part A:  |                                         |         |     |
| F        |                                         |         |     |
| iduciary |                                         |         |     |
| Re       |                                         |         |     |
| sponsibi |                                         |         |     |
| lities** |                                         |         |     |
+----------+-----------------------------------------+---------+-----+
| **I      | # Description                           | **S     | **  |
| ndicator |                                         | tatus** | Pag |
| Number** |                                         |         | e** |
+----------+-----------------------------------------+---------+-----+
| 3.1      | SEA complies with---                    | Met     | ### |
|          |                                         | Requi   | ### |
|          | -   The procedures for adjusting        | rements | ##  |
|          |     ED-determined allocations outlined  |         | N/A |
|          |     in sections 200.70 -- 200.75 of the |         |     |
|          |     regulations.                        |         |     |
|          |                                         |         |     |
|          | -   The procedures for reserving funds  |         |     |
|          |     for school improvement, State       |         |     |
|          |     administration, and (where          |         |     |
|          |     applicable) the State Academic      |         |     |
|          |     Achievement Awards program.         |         |     |
|          |                                         |         |     |
|          | -   The reallocation and carryover      |         |     |
|          |     provisions in section 1126(c) and   |         |     |
|          |     1127 of Title I statute.            |         |     |
+----------+-----------------------------------------+---------+-----+
| 3.2      | SEA ensures that its LEAs comply with   | Met     | ### |
|          | the provision for submitting an annual  | Requi   | ### |
|          | application to the SEA and revising LEA | rements | ##  |
|          | plans as necessary to reflect           |         | M/A |
|          | substantial changes in the direction of |         |     |
|          | the program.                            |         |     |
+----------+-----------------------------------------+---------+-----+
| 3.3      | SEA ensures that all its LEAs comply    | Met     | ### |
|          | with the requirements in section 1113   | Requi   | ### |
|          | of the Title I statute and sections     | rements | ##  |
|          | 200.77 and 200.78 of the regulations    |         | M/A |
|          | with regard to (1) Reserving funds for  |         |     |
|          | the various set-asides either required  |         |     |
|          | or allowed under the statute, and (2)   |         |     |
|          | Allocating funds to eligible school     |         |     |
|          | attendance areas or schools in rank     |         |     |
|          | order of poverty based on the number of |         |     |
|          | children from low-income families who   |         |     |
|          | reside in an eligible attendance area.  |         |     |
+----------+-----------------------------------------+---------+-----+
| 3.4      | -   SEA complies with the maintenance   | Finding | ##  |
|          |     of effort (MOE) provisions of Title |         | ### |
|          |     I.                                  |         | ### |
|          |                                         |         |  12 |
|          | -   SEA ensures that its LEAs comply    |         |     |
|          |     with the comparability provisions   |         |     |
|          |     of Title I.                         |         |     |
|          |                                         |         |     |
|          | -   SEA ensures that Title I funds are  |         |     |
|          |     used only to supplement or increase |         |     |
|          |     non-Federal sources used for the    |         |     |
|          |     education of participating children |         |     |
|          |     and do not supplant funds from      |         |     |
|          |     non-Federal sources.                |         |     |
+----------+-----------------------------------------+---------+-----+
| 3.5      | SEA ensures that its LEAs comply with   | Met     | N/A |
|          | all the auditee responsibilities        | Requi   |     |
|          | specified in Subpart C, section 300(a)  | rements |     |
|          | through (f) of OMB Circular A-133.      |         |     |
+----------+-----------------------------------------+---------+-----+
| 3.6      | SEA ensures that its LEAs comply with   | Finding | ##  |
|          | requirements regarding services to      |         | ### |
|          | eligible private school children, their |         | ### |
|          | teachers and families.                  |         |  12 |
+----------+-----------------------------------------+---------+-----+
| 3.7      | SEA complies with the requirement for   | Met     | ### |
|          | implementing a system for ensuring      | Requi   | ### |
|          | prompt resolution of complaints.        | rements | ##  |
|          |                                         |         | N/A |
+----------+-----------------------------------------+---------+-----+
| 3.8      | SEA complies with the requirement to    | Met     | ### |
|          | establish a Committee of Practitioners  | Requ    | ### |
|          | and involves the committee in           | irement | ##  |
|          | decision-making as required.            |         | N/A |
+----------+-----------------------------------------+---------+-----+

**[Indicator 3.4]{.underline} -- Fiscal Requirements: Maintenance of
Effort, Comparability, and Supplement not Supplant\-\--The SEA ensures
that the LEA complies with\-\--**

-   **The procedures for ensuring maintenance of effort (MOE) as
    outlined in §1120A(a) and 9021 of the ESEA**

-   **The procedures for meeting the comparability requirement as
    outlined in §1120A(c) of the ESEA**

-   **The procedures for ensuring that Federal funds are supplementing
    and not supplanting non-Federal sources used for the education of
    participating children as outlined in §1120A(a) of the ESEA,
    §1114(a)(2)(B) of the ESEA, §115(b)(3) of the ESEA, and §1116 of the
    ESEA**

**[Finding:]{.underline}** The ODE has not ensured that its LEAs use
Title I funds to supplement and not to supplant local efforts. In
discussions with the ODE concerning the uses of Title I funds at the VLT
Academy, the ED team learned that, during the 2005-2006 school year,
Title I funds were used to pay transportation costs for Title I students
who attended a Title I before or after school program, and general funds
were used to purchase bus tokens for non-Title I students who
participated in before or after school activities.

For the 2006 - 2007 school year, the budget for VLT Academy indicated
that Title I and general funds have been budgeted for this same purpose.
However no funds had been expended as there was no need.

[Citation]{.underline}: Section 1120A(b) of the ESEA requires a State
educational agency or local educational agency to use Federal Title I
funds only to supplement the funds that would, in the absence of such
Federal funds, be made available from non-Federal sources for the
education of students participating in programs assisted under Title I,
and not to supplant such funds.

[Further action required]{.underline}: The ODE must provide
documentation that, for the 2006-2007 school year, the VLT Academy has
not used local funds for transporting non-Title I students and Title I
funds for transporting Title I students from after school activities.

**Indicator 3.6 -- Services to Eligible Private School Children. LEA
complies with requirements in section 1120 and 9306 of the Title I
statute, Section 443 of GEPA, and §200.62-200.67, 200.77 and 200.78 of
the regulations with regard to services to eligible private school
children, their teachers and their families.**

[**Finding**:]{.underline} The ODE has not ensured that it included all
of the components of the consultation requirements set forth in the
statute. The electronic consultation form used in ODE's NS3 system does
not show evidence of its treatment of subsections (G) and (H) which
include:

(1) How and when the agency will make decisions about the delivery of
    services to such children, including a thorough consideration and
    analysis of the views of the private school officials on the
    provision of services through a contract with potential third-party
    providers; and

> \(2\) How, if the agency disagrees with the views of the private
> school officials on the provision of services through a contract, the
> local educational agency will provide in writing to such private
> school officials an analysis of the reasons why the local educational
> agency has chosen not to use a contractor.

[Citation:]{.underline} Section 1120(b)(1) of the ESEA requires the LEAs
to consult with the appropriate private school officials during the
design and development of the agency's program on issues such as:

(A) how the children's needs will be identified;

(B) what services will be offered;

(C) how, where, and by whom the services will be provided;

(D) how the services will be academically assessed and how the results
    of that assessment will be used to improve those services;

(E) the size and scope of the equitable services to be provided to the
    eligible private school children, and the proportion of funds that
    is allocated under subsection (a)(4) for such services;

(F) the method or sources of data that are used under subsection (c) and
    section 1113(c)(1) to determine the number of children from
    low-income families in participating school attendance areas who
    attend private schools;

(G) how and when the agency will make decisions about the delivery of
    services to such children, including a thorough consideration and
    analysis of the views of the private school officials on the
    provision of services through a contract with potential third-party
    providers; and

(H) how, if the agency disagrees with the views of the private school
    officials on the provision of services through a contract, the local
    educational agency will provide in writing to such private school
    officials an analysis of the reasons why the local educational
    agency has chosen not to use a contractor.

In addition, section 200.63(b)(8) of the Title I regulations requires
consultation on "the equitable services the LEA will provide to teachers
and families of participating private school children".

[Further action required]{.underline}: The ODE must revise its NS3
system to include subsections (G) and (H) of the consultation
requirements if it requires its LEAs to use the consultation in the NS3
system as the primary consultation document, and must provide evidence
to ED of these revisions. The ODE must require all LEAs to consult with
the appropriate private school officials on all components outlined in
section 1120(b)(1) of the statute.

**Summary of Title I, Part B, Subpart 3 (Even Start)**

**Monitoring Indicators**

# 

+-----------+-------------------------------------+-------------+-----+
| # Monitor |                                     |             |     |
| ing Area  |                                     |             |     |
| 1, Title  |                                     |             |     |
| I, Part B |                                     |             |     |
| , Subpart |                                     |             |     |
|  3: Accou |                                     |             |     |
| ntability |                                     |             |     |
+-----------+-------------------------------------+-------------+-----+
| **        | # Description                       | # Status    | #   |
| Indicator |                                     |             |  Pa |
| Number**  |                                     |             | ge  |
+-----------+-------------------------------------+-------------+-----+
| 1.1       | The SEA complies with the subgrant  | Met         | N/A |
|           | award requirements.                 | R           |     |
|           |                                     | equirements |     |
+-----------+-------------------------------------+-------------+-----+
| 1.2       | The SEA requires applicants to      | Met         | N/A |
|           | submit applications for subgrants   | R           |     |
|           | with the necessary documentation.   | equirements |     |
+-----------+-------------------------------------+-------------+-----+
| 1.3       | In making non-competitive           | Met         | N/A |
|           | continuation awards, the SEA        | R           |     |
|           | reviews the progress of each        | equirements |     |
|           | subgrantee in meeting the           |             |     |
|           | objectives of the program and       |             |     |
|           | evaluates the program based on the  |             |     |
|           | indicators of program quality, and  |             |     |
|           | refuses to award subgrant funds to  |             |     |
|           | an eligible entity if the agency    |             |     |
|           | finds that the entity has not       |             |     |
|           | sufficiently improved the           |             |     |
|           | performance of the program.         |             |     |
+-----------+-------------------------------------+-------------+-----+
| 1.4       | The SEA develops indicators of      | Rec         | 14  |
|           | program quality for Even Start      | ommendation |     |
|           | programs, and uses the Indicators   |             |     |
|           | to monitor, evaluate, and improve   |             |     |
|           | projects within the State.          |             |     |
+-----------+-------------------------------------+-------------+-----+
| 1.5       | The SEA ensures that projects       | Finding     | 15  |
|           | provide for an independent local    |             |     |
|           | evaluation of the program that is   |             |     |
|           | used for program improvement.       |             |     |
+-----------+-------------------------------------+-------------+-----+
| 1.6       | The SEA reports to ED in a timely   | Met         | N/A |
|           | manner using the required           | R           |     |
|           | performance measures and ensures    | equirements |     |
|           | that local projects are assessing   |             |     |
|           | the progress of their participants  |             |     |
|           | using those measures.               |             |     |
+-----------+-------------------------------------+-------------+-----+
| 1.7       | The SEA ensures compliance with all | Met         | N/A |
|           | Even Start program requirements.    | R           |     |
|           |                                     | equirements |     |
+-----------+-------------------------------------+-------------+-----+

**Indicator 1.4 -- The SEA develops indicators of program quality for
Even Start programs, and uses the indicators to monitor, evaluate, and
improve projects within the State.**

**[Recommendation:]{.underline}** The SEA has established a
self-evaluation monitoring instrument for local projects; however, the
monitoring instrument used by the SEA to conduct onsite monitoring
visits does not include the State indicators of program quality as a
measure to monitor, evaluate, and improve projects within the State. The
SEA should consider revising the monitoring instrument used by the State
when conducting onsite monitoring visits to include the State indicators
of program quality.

**Indicator 1.5 -- The SEA ensures that projects provide an independent
local evaluation of the program for program improvement.**

**[Finding:]{.underline}** All projects visited had an independent local
evaluation, but none of them included an analysis of the evaluation data
or provided recommendations for program improvement. Further, the SEA's
evaluation of the Northridge project indicated that the "local
evaluation should reflect more analysis and synthesis of the data and
the report should also include potential solutions or strategies for
goals identified."

[Citation:]{.underline} Section 1235(15) of the ESEA requires that each
program assisted provide an independent evaluation of the program to be
used for program improvement.

[Further action required:]{.underline} The SEA must ensure that all Even
Start local evaluations produce information that can be used for program
improvement purposes. Particularly, evaluations should offer analysis of
data and offer recommendations for program improvement.

+-----------+-------------------------------------+-------------+----+
| ##        |                                     |             |    |
|  Monitori |                                     |             |    |
| ng Area 2 |                                     |             |    |
| , Title I |                                     |             |    |
| , Part B, |                                     |             |    |
|  Subpart  |                                     |             |    |
| 3: Progra |                                     |             |    |
| m Support |                                     |             |    |
+===========+=====================================+=============+====+
| **        | # Description                       | ### Status  | #  |
| Indicator |                                     |             | #  |
| Number**  |                                     |             | Pa |
|           |                                     |             | ge |
+-----------+-------------------------------------+-------------+----+
| 2.1       | The SEA uses funds to provide       | Met         | N  |
|           | technical assistance to local       | R           | /A |
|           | projects to improve the quality of  | equirements |    |
|           | Even Start family literacy services |             |    |
|           | and comply with State indicators of |             |    |
|           | program quality.                    |             |    |
+-----------+-------------------------------------+-------------+----+
| 2.2       | Each program assisted shall include | Met         | N  |
|           | the identification and recruitment  | R           | /A |
|           | of eligible families.               | equirements |    |
+-----------+-------------------------------------+-------------+----+
| 2.3       | Each program assisted shall         | Rec         | 16 |
|           | implement all 15 program elements.  | ommendation |    |
|           |                                     |             |    |
|           |                                     | Findings    |    |
+-----------+-------------------------------------+-------------+----+
| 2.4       | The SEA ensures that all families   | Met         | N  |
|           | receiving services participate in   | R           | /A |
|           | all four core instructional         | equirements |    |
|           | services.                           |             |    |
+-----------+-------------------------------------+-------------+----+
| 2.5       | The local programs shall use        | Met         | N  |
|           | high-quality instructional programs | R           | /A |
|           | based on scientifically based       | equirements |    |
|           | reading research (SBRR) for         |             |    |
|           | children and adults.                |             |    |
+-----------+-------------------------------------+-------------+----+

**Indicator 2.3 -- Each program assisted shall implement all 15 program
elements.**

## Element #1 Recruitment of Most in Need

**[Recommendation:]{.underline}** Although local projects appear to be
serving families most in need of Even Start, neither the Northridge Even
Start project nor the Dayton Life Enrichment Even Start project made a
clear distinction between families who were eligible for Even Start and
those who were determined to be most in need. It is recommended that the
ODE provide technical assistance and guidance to all projects to ensure
that they understand these two requirements and that all projects are
serving only eligible families who are most in need of Even Start
services.

## 

## Element #4 Intensity of Instructional Services

**[Finding:]{.underline}** The number of hours offered in each of the
four instructional components falls below ED's minimum recommendation.
As a result, the projects visited are not offering intensive
instructional services in the four core instructional components.

[Citation:]{.underline} Section 1235(4) of the ESEA requires that each
project provide high-quality, intensive instructional programs that
promote adult literacy and empower parents to support the educational
growth of their children, developmentally appropriate early childhood
services, and preparation of children for success in regular school
programs. Each of the four components is considered an instructional
program.

[Further action required:]{.underline} The ODE must develop, submit to
ED, and implement an action plan to ensure that local projects provide
high-quality and intensive instructional programs that promote adult
literacy and empower parents to support the educational growth of their
children, and in preparation of children for success in regular school
programs. The recommended minimum intensities for the four core
components are:

Adult Education -- 60 hours per month

Early Childhood Education (birth-3) -- 60 hours per month

Early Childhood Education (3-4) -- 65 hours per month

> Parenting Education and Interactive Literacy Activities between
> Parents and Children -- 20 hours per month

## 

## 

## Element #6 Staff Training

**[Finding:]{.underline}** Although the Northridge Even Start project
coordinator has received a great deal of training, the coordinator has
not received training in the operation of a family literacy program.

[Citation:]{.underline} Section 1235(5)(A)(ii) of the ESEA states, "the
individual responsible for administration of family literacy services
under this subpart has received training in the operation of a family
literacy program."

[Further action required:]{.underline} The ODE must ensure, through
technical assistance, monitoring, and training, that local projects are
aware of and follow the Even Start staff qualification requirements. The
ODE is required to submit to ED documentation that the individuals
responsible for the administration of family literacy services have
received training in the operation of a family literacy program.

**Element #8 Year round services**

**[Finding:]{.underline}** Based on the documentation presented by the
Northridge Even Start staff, the project is not offering instructional
or enrichment services during the months of July and August.

[Citation:]{.underline} Section 1235(8) of the ESEA requires that each
program assisted operate on a year-round basis, including the provision
of some program services including instructional and enrichment services
during summer months.

[Further action required:]{.underline} The ODE must ensure, through
technical assistance, monitoring, and training, that local projects are
aware of and follow the requirements that projects operate on a
year-round basis. The ODE must submit to ED an action plan for how it
will ensure that grantees provide year-round services.

+-----------+-------------------------------------+-------------+------+
| # Moni    |                                     |             |      |
| toring Ar |                                     |             |      |
| ea 3, Tit |                                     |             |      |
| le I Part |                                     |             |      |
|  B, Subpa |                                     |             |      |
| rt 3: SEA |                                     |             |      |
|  Fiduciar |                                     |             |      |
| y Respons |                                     |             |      |
| ibilities |                                     |             |      |
+-----------+-------------------------------------+-------------+------+
| **        | # Description                       | ### Status  | ##   |
| Indicator |                                     |             | Page |
| Number**  |                                     |             |      |
+-----------+-------------------------------------+-------------+------+
| 3.1       | The SEA complies with the           | Met         | N/A  |
|           | allocation requirements for State   | R           |      |
|           | administration and technical        | equirements |      |
|           | assistance and award of subgrants.  |             |      |
+-----------+-------------------------------------+-------------+------+
| 3.2       | The SEA ensures that subgrantees    | Met         | N/A  |
|           | comply with statutory and           | R           |      |
|           | regulatory requirements on uses of  | equirements |      |
|           | funds and matching.                 |             |      |
+-----------+-------------------------------------+-------------+------+
| 3.3       | The SEA complies with the           | Met         | N/A  |
|           | cross-cutting maintenance of effort | R           |      |
|           | provisions.                         | equirements |      |
+-----------+-------------------------------------+-------------+------+
| 3.4       | The SEA ensures that grantees       | Met         | N/A  |
|           | comply with requirements with       | R           |      |
|           | regard to services for eligible     | equirements |      |
|           | private school children, their      |             |      |
|           | teachers, and their families.       |             |      |
+-----------+-------------------------------------+-------------+------+
| 3.5       | The SEA has a system for ensuring   | Met         | N/A  |
|           | fair and prompt resolution of       | R           |      |
|           | complaints and appropriate hearing  | equirements |      |
|           | procedures.                         |             |      |
+-----------+-------------------------------------+-------------+------+

#  Title I, Part D

#  Summary of Monitoring Indicators

+------------+-----------------------------------+-------------+------+
| # Neglec   |                                   |             |      |
| ted, Delin |                                   |             |      |
| quent or A |                                   |             |      |
| t-Risk of  |                                   |             |      |
| Dropping-O |                                   |             |      |
| ut Program |                                   |             |      |
+------------+-----------------------------------+-------------+------+
| **I        | # Description                     | ### Status  | ##   |
| ndicator** |                                   |             | Page |
|            |                                   |             |      |
| **Number** |                                   |             |      |
+------------+-----------------------------------+-------------+------+
| 1.1        | The SEA has implemented all       | Rec         | > 19 |
|            | required components as identified | ommendation |      |
|            | in its Title I, Part D (N/D)      |             |      |
|            | plan.                             |             |      |
+------------+-----------------------------------+-------------+------+
| 1.2        | The SEA ensures that State agency | Met         | >    |
|            | (SA) plans for services to        | R           |  N/A |
|            | eligible N/D students meet all    | equirements |      |
|            | requirements.                     |             |      |
+------------+-----------------------------------+-------------+------+
| 1.3        | The SEA ensures that local        | Met         | >    |
|            | educational agency (LEA) plans    | R           |  N/A |
|            | for services to eligible N/D      | equirements |      |
|            | students meet all requirements.   |             |      |
+------------+-----------------------------------+-------------+------+
| 2.1        | The SEA ensures that              | Met         | >    |
|            | institutionwide programs          | R           |  N/A |
|            | developed by the SA under Subpart | equirements |      |
|            | 1 use the flexibility provided to |             |      |
|            | them by law to improve the        |             |      |
|            | academic achievement of all       |             |      |
|            | students in the school.           |             |      |
+------------+-----------------------------------+-------------+------+
| 3.1        | The SEA ensures each SA has       | Met         | >    |
|            | reserved not less than 15 percent | R           |  N/A |
|            | and not more than 30 percent of   | equirements |      |
|            | the amount it receives under      |             |      |
|            | Subpart 1 for transition          |             |      |
|            | services.                         |             |      |
+------------+-----------------------------------+-------------+------+
| 3.2        | The SEA conducts monitoring of    | Met         | >    |
|            | its subgrantees sufficient to     | R           |  N/A |
|            | ensure compliance with Title I,   | equirements |      |
|            | Part D program requirements.      |             |      |
+------------+-----------------------------------+-------------+------+

**Indicator 1 -- The SEA ensures that State Agency (SA) plans for
services to eligible N/D students meet all requirements.**

**[Recommendation:]{.underline}** The ED team observed that the ODRC has
a policy to involve parents, whenever possible, in the education of
incarcerated youth. However, the effort appears minimal and is governed
by consent from 18-21 year old students consenting to parent contact for
educational purposes. They report nearly 1,000 18 and 19 year olds and
61 students under 18. Parents and other family members can be key to any
transition planning for youth, as well as support within the
institution. ED recommends that ODE provide the ODRC with technical
assistance in how to expand the role of parents to become knowledgeable
of and support the educational needs of incarcerated youth to include
working with the youth in the 18-21 year old range to support such
information sharing. One resource is the Family Involvement Guidebook
published at
[www.neglected-delinquent.org](http://www.neglected-delinquent.org/).

**McKinney-Vento Homeless Education Program**

**Summary of Monitoring Indicators**

+------------+------------------------------------+------------+------+
| # M        |                                    |            |      |
| cKinney-Ve |                                    |            |      |
| nto Homele |                                    |            |      |
| ss Educati |                                    |            |      |
| on Program |                                    |            |      |
+------------+------------------------------------+------------+------+
| *          | # Description                      | ### Status | ##   |
| *Indicator |                                    |            | Page |
| Number**   |                                    |            |      |
+------------+------------------------------------+------------+------+
| Indicator  | The SEA collects and reports to ED | Met        | N/A  |
| 1.1        | assessment data from LEAs on the   | Recom      |      |
|            | educational needs of homeless      | mendations |      |
|            | children and youth.                |            |      |
+------------+------------------------------------+------------+------+
| Indicator  | The SEA implements procedures to   | Met        | N/A  |
| 2.1        | address the identification,        | Recom      |      |
|            | enrollment and retention of        | mendations |      |
|            | homeless students.                 |            |      |
+------------+------------------------------------+------------+------+
| Indicator  | The SEA provides, or provides for, | Met        | N/A  |
| 2.2        | technical assistance for LEAs to   | Recom      |      |
|            | ensure appropriate implementation  | mendations |      |
|            | of the statute.                    |            |      |
+------------+------------------------------------+------------+------+
| Indicator  | The SEA ensures that LEA subgrant  | Met        | N/A  |
| 3.1        | plans for services to eligible     | Recom      |      |
|            | homeless students meet all         | mendations |      |
|            | requirements.                      |            |      |
+------------+------------------------------------+------------+------+
| Indicator  | The SEA ensures that the LEA       | Met        | N/A  |
| 3.2        | complies with providing comparable | Recom      |      |
|            | Title I, Part A services to        | mendations |      |
|            | homeless students attending        |            |      |
|            | non-Title I schools.               |            |      |
+------------+------------------------------------+------------+------+
| Indicator  | The SEA has a system for ensuring  | Met        | N/A  |
| 3.3        | the prompt resolution of disputes. | Recom      |      |
|            |                                    | mendations |      |
+------------+------------------------------------+------------+------+
| Indicator  | The SEA conducts monitoring of     | Met        | N/A  |
| 3.4        | LEAs with and without subgrants,   | Recom      |      |
|            | sufficient to ensure compliance    | mendations |      |
|            | with McKinney-Vento program        |            |      |
|            | requirements.                      |            |      |
+------------+------------------------------------+------------+------+

[^1]: An LEA may disclose a list of students eligible to receive
    supplemental educational services to possible providers only with
    the prior written consent of the students' parents. LEAs must comply
    with the prior written consent requirements of the Family
    Educational Rights and Privacy Act (FERPA) when disclosing
    information on students under the supplemental educational services
    program.