Maine Department of Education

**June 4--8, 2007**

**Scope of Review:** A team from the U.S. Department of Education's (ED)
Student Achievement and School Accountability Programs (SASA) office
reviewed the Maine Department of Education (MDE) the week of June 4--8,
2007. This was a comprehensive review of the MDE'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 state educational

agency (SEA). During the on-site week, the ED team visited two LEAs --
Biddeford School Department (BSD) and Portland Public Schools (PPS) and
interviewed administrative staff, interviewed staff from schools in the
LEAs, eight of which have been identified for improvement, conducted two
parent meetings, and interviewed SES providers. The ED team then
interviewed MDE 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 Gray- New
Gloucester (MSAD15), Livermore Falls (MSAD 36) and Belfast (MSAD 3). 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, Thorndike
MSAD3 and PPS. During the on-site 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 applications, technical
assistance provided to the SA, the State's oversight and monitoring plan
and activities, SA subgrant plans and evaluations for the Maine
Department of Corrections (Adult Corrections - DOC) and Youth
Development Centers (YDC) (Subpart 1) and Oakland MSAD 47 (Subpart 2).
The ED team interviewed administrative, program and teaching staff. The
ED team also interviewed the MDE

Title I, Part D State coordinator to confirm information obtained at the
State agency site and discuss administration of the program.

In its review of the Education for Homeless Children and Youth program
(Title X,

Part C, Subpart B), the ED team examined the State's procedures and
guidance for the identification, enrollment and retention of homeless
students and technical assistance provided to LEAs with and without
subgrants and the State's McKinney-Vento applications for programs in
Portland, Lewiston, Cumberland, Windham, and Bath school districts. The
ED team also interviewed the MDE McKinney-Vento State coordinator to
confirm information obtained at the local site and discuss
administration of the program.

**Previous Audit Findings**: None to report.

**Previous Monitoring Findings:** ED last monitored the Title I, Part A
and Title I, Part B programs in Maine during the 2003-2004 school year.
For Title I, Part A, the team identified compliance issues in the
following areas: accountability workbook implementation, technical
assistance for LEAs and schools, parental involvement, SES, school
improvement and schoolwide plans, reallocation, comparability, equitable
services to eligible children attending private schools, and reservation
of funds. For Even Start, the team identified compliance issues in the
following areas: subgrant awards, recruitment of families most in need,
programs based on scientifically-based reading research, and matching.
The MDE subsequently provided documentation sufficient to address all
compliance issues. ED has not previously conducted a comprehensive
review of the Title I, Part D and McKinney-Vento programs in Maine.

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

# Public School Choice

Maine currently has 290 LEAs, the majority of which have a single school
serving each grade span. Only four of the 20 LEAs required to offer
choice in the 2006-2007 school year could actually do so. During the
on-site review, the Maine Legislature approved legislation that will
reduce the number of LEAs to approximately 80 by the 2009 school year.
This action may make choice a more feasible option in the future. No
students moved in the four LEAs where choice was an option.

# Supplemental Educational Services

The MDE currently has approved 21 SES providers. As part of its strategy
to find providers, the MDE actively recruited 21^st^ Century Learning
Program grantees to apply as SES providers. By attending the Maine
conference of 21^st^ Century grantees, the MDE was able to recruit five
21^st^ Century grantees as SES providers. At the time of the monitoring
visit, the MDE had identified an additional five entities as prospective
SES providers.

The MDE issues a request for proposals (RFP) for potential SES
providers. Applicants have one month to complete the applications.
Applicants whose applications do not meet minimum criteria are given two
weeks to provide additional information. To date, the MDE has not
removed any provider from the list of approved providers. It has
extended approval for all currently approved providers through the
upcoming school year and also will provide an opportunity for new
entities interested in applying for approval to do so.

In the 2005-2006 school year, 399 students were eligible to participate
in SES across the State. Fifty students actually participated. The range
of students participating by school ranged from a high of 12 to a low of
two students.

The MDE reports several factors that impact SES participation rates in
the State. In some cases, approved providers are reluctant or unwilling
to actually provide services in a particular LEA given the small numbers
of children eligible for services and low per pupil amounts,
particularly in the small LEAs. Transportation is also a major issue.
One of the more successful SES programs in the state is located in an
LEA that operates a late bus that students can ride home. Participation
rates are also higher in another LEA where the provider is affiliated to
the school and parents are familiar with the provider.

The MDE began working in the spring of 2006 with its schools that might
have to offer SES working in the 2006-2007 school year. (Individual
school principals are responsible for implementing SES in Maine). A
workshop for those schools required to offer SES was held in August, at
which time schools were provided with sample parent notification
letters. At that time the State's monitoring requirements were reviewed
and schools were asked to identify dates for provider fairs.

The MDE is collecting parent and adult satisfaction surveys as the first
step its process for evaluating SES providers. When fully operational,
the evaluation will include a review of providers' pre- and post-test
data and state assessment data using a comparable group process. The MDE
is ready, on a trial basis, to compare State assessment scores of a
random sample of eligible students that participated in SES and a sample
of eligible students who did not participate. The State anticipates it
will be ready to fully implement this component of the review in the
2007-2008 school year when it will have two years of data.

As part of moving forward with its evaluation, the MDE is considering
issues, such as the possible need for determining which SES participants
attended half or more of the SES sessions and whether there may also be
a need to include in the evaluation some sort of teacher assessment of
other factors that may have influenced the achievement of the students
in the study.

**[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} See Indicator 3.2 on page 23 and Indicator 3.4 on
page 24 of this Report.

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         | Met         | N  |
|            | academic content standards,         | R           | /A |
|            | academic achievement standards and  | equirements |    |
|            | 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         | Met         | N  |
|            | required components as identified   | R           | /A |
|            | in its accountability workbook.     | equirements |    |
+------------+-------------------------------------+-------------+----+
| 1.3        | The SEA has published an annual     | Met         | N  |
|            | report card as required and an      | R           | /A |
|            | Annual Report to the Secretary.     | equirements |    |
+------------+-------------------------------------+-------------+----+
| 1.4        | The SEA has ensured that LEAs have  | Met         | N  |
|            | published annual report cards as    | R           | /A |
|            | required.                           | equirements |    |
+------------+-------------------------------------+-------------+----+
| 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.                           |             |    |
+------------+-------------------------------------+-------------+----+

+------------+-------------------------------------+------------+-----+
| ##         |                                     |            |     |
|  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       | Findings   | 7   |
|            | schools meet parental involvement   |            |     |
|            | requirements.                       |            |     |
+------------+-------------------------------------+------------+-----+
| 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   | Findings   | 9   |
|            | for the provision of supplemental   |            |     |
|            | educational services (SES) are met. | Reco       |     |
|            |                                     | mmendation |     |
+------------+-------------------------------------+------------+-----+
| 2.7        | The SEA ensures that LEAs and       | Finding    | 11  |
|            | schools develop schoolwide programs |            |     |
|            | that use the flexibility provided   |            |     |
|            | 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 |     |
+------------+-------------------------------------+------------+-----+

# Title I, Part A

**Monitoring Area 2: Program Improvement, Parental Involvement and
Options**

**Indicator 2.3 -- The SEA ensures that LEAs and schools meet parental
involvement requirements.**

**[Finding (1)]{.underline}:** Although the MDE notified its LEAs of the
Parent's Right-To-Know requirements in response to a previous monitoring
finding, the MDE has not ensured that all LEAs sent out Parent's
Right-To-Know letters notifying parents of each student attending a
school receiving Title I funds that the parents may request, and the LEA
will provide the parents on request, information regarding the
professional qualifications of the student's classroom teachers. The BSD
provided no evidence that it had sent out Parent's Right-To-Know
letters.

[Citation]{.underline}: Section 1111(h)(6) of the ESEA requires at the
beginning of each school year, an LEA that receives Title I funds must
notify parents of each student attending a school receiving Title I
funds that the parents may request, and the LEA will provide the parents
on request, information regarding the professional qualifications of the
student's classroom teachers. The letter must indicate the type of
information that will be provided, including whether the student is
provided services by paraprofessionals and, if so, the qualifications of
the paraprofessionals.

[Further action required:]{.underline} The MDE must provide to ED a plan
and detailed timeline for additional steps it will take to ensure that
each of its LEAs receiving Title I funds will send out Parent's
Right-To-Know letters as required. The plan must include the process the
MDE will use to ensure its LEAs are aware of the requirement and how the
MDE will monitor to ensure that it is being carried out. The MDE must
also provide a copy of the Parent's Right-To-Know letter from BSD for
the 2007-2008 school year.

**[Finding (2)]{.underline}**: Although the MDE previously notified its
LEAs of the requirement to annually evaluate LEA parental involvement
policies and update those policies as needed, the MDE has not
consistently ensured that its LEAs conduct, with the involvement of
parents, an annual evaluation of the content and effectiveness of the
LEAs parental involvement policy in improving the academic quality of
schools receiving Title I funds. The BSD last updated its LEA parental
involvement policy in 1997, and while the BSD was aware that updates
were needed, there was no evidence that an annual review with parents
had been conducted.

[Citation]{.underline}: Section 1119(a)(2)(E) of the ESEA requires LEAs
to conduct, with the involvement of parents, an annual evaluation of the
content and effectiveness of the LEAs parental involvement policy in
improving the academic quality of schools receiving Title I funds, and
to revise if necessary, its parental involvement policy.

[Further action required]{.underline}: The MDE must provide to ED a plan
and detailed timeline of the additional steps it will take to ensure
that its LEAs are aware of, and are implementing the requirement to
conduct an annual evaluation of the content and effectiveness of the
LEA's parental involvement policy in improving the academic quality of
schools receiving Title I funds, and to revise, if necessary, its
parental involvement policy. The plan must also address how the MDE will
monitor all LEAs to ensure that the annual evaluation is taking place.
The MDE must provide evidence that the plan has been implemented.

**[Finding (3)]{.underline}**: Although the MDE has provided its LEAs
with a template for notifying parents when schools are identified for
improvement, corrective action, or restructuring and has encouraged LEAs
to share their own letters with the MDE technical assistance consultants
for review, it has not consistently ensured these notices are sent.
Additionally, the letters that were reviewed by the ED team did not
consistently contain all the required information. In one case, the
letter included information that would enable recipients to identify the
performance of individual students in a particular subgroup. This is a
violation of the Family Educational Right to Privacy Act (FERPA).

[Citation]{.underline}: Section 1116(b)(6) of the ESEA requires LEAs to
promptly provide to parents an explanation of the identification of
their child's school means that includes (1) how the school compares
academically to other schools in the LEA and the State, (2) why the
school has been identified, (3) what the school is doing to address the
achievement problem, (4) what the LEA and SEA are doing to help the
school to address the achievement problem, (5) how parents can be
involved in addressing the achievement problem, and (6) parents' options
to transfer their child to another school, and, if applicable, obtain
SES. Section 200.37 of the Title I regulations outlines in detail the
information that must be included in the notice regarding a parents'
options to transfer their child to another school, and, if applicable,
obtain SES.

[Further action required]{.underline}: The MDE must provide to ED a
detailed plan and timeline for how it will provide additional guidance
to its LEAs regarding the information that must be included in parent
notifications when their child attends a school identified for
improvement, corrective action and restructuring and evidence that the
plan has been implemented. This evidence must include letters to LEAs
and/or agendas for technical assistance meetings to inform LEA of the
requirements and a description of the process the MDE will implement to
ensure it is able to review draft parent notification letters before
they are sent.

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

**[Finding (1)]{.underline}**: The MDE has not ensured that its LEAs
meet the requirements for the provision of SES. Specifically, the MDE
has not ensured that its LEAs have developed SES contracts that contain
enough detail to enable the LEAs to verify that the Title I statutory
and regulatory requirements will be met. None of the contracts reviewed
contained sufficient detail to enable the LEAs to make such
determination.

[Citation:]{.underline} Section 200.46(b)(2) of the Title I regulations
requires LEAs to develop an agreement with providers. The agreement
must:

-   Require the LEA to develop, in consultation with the parents and the
    provider, a statement that includes specific achievement goals for
    the student; a description of how the student\'s progress will be
    measured; and a timetable for improving achievement;

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-   Describe procedures for regularly informing the student\'s

parents and teachers of the student\'s progress;

-   Provide for the termination of the agreement if the provider

> is unable to meet the goals and timetables specified in the agreement;

-   Specify how the LEA will pay the provider; and

-   Prohibit the provider from disclosing to the public, without

> the written permission of the student\'s parents, the identity of any
>
> student who is eligible for, or receiving, supplemental educational
>
> services.

[Further action required:]{.underline} The MDE must ensure that its LEAs
meet the requirements for the provision of SES. The MDE must provide ED
with a detailed description of how and when the MDE informed its LEAs of
these requirements. This documentation must include letters to LEAs
and/or agendas for technical assistance meetings. The MDE must provide
to ED a description of how it will ensure the correct implementation of
these requirements. The MDE must also submit to ED copies of contracts
from PPS, BSD, and GNG for the 2007--2008 school year that document that
these LEAs have met the requirements for the provision of SES.

**[Finding (2):]{.underline}** The MDE has not fully implemented a
system for monitoring the quality and effectiveness of SES providers.

[Citation:]{.underline} Section 1116(e)(4)(D) of the ESEA requires SEAs
to develop, implement, and publicly report on standards and techniques
for monitoring the quality and effectiveness of services offered by
approved \[SES\] providers, and for withdrawing approval of providers
that fail, for two consecutive years, to contribute to increasing the
academic proficiency of students served under this section.

[Further action required]{.underline}: The MDE must submit a detailed
description, including a timeline, for how it will fully implement its
system for monitoring the quality and effectiveness of SES providers,
including the number of providers to be reviewed annually and a schedule
of monitoring to be conducted in the 2007-2008 school year.

**[Finding (3)]{.underline}** - The MDE has not established waiver
guidelines and procedures for LEAs to follow in the event a LEA is
required to offer SES and there are no approved providers to offer the
services in the LEA. It was apparent during the monitoring visit that
LEAs required to offer SES that did not have approved providers were
being exempted from the requirement without written documentation that
showed waivers were being given according to the statute.

[Citation:]{.underline} Section 1116(e)(10)(A)(B) of the ESEA
establishes a procedure for waivers of SES that must be followed by the
State and district in cases where the LEA provides evidence that it is
not able to provide these services.

[Further action required:]{.underline} The MDE must submit to ED a
written policy of a waiver for offering SES that is in compliance with
the statute.

**[Recommendation:]{.underline}** The MDE should consider providing
information to LEAs regarding reasonable administrative and operational
requirements through its agreements with providers. For example, an LEA
may require that all employees of a provider undergo background checks
(if the LEA requires this for all entities with whom it enters into
contracts for direct services to students). Or, an LEA might require
that each provider carry a reasonable amount of liability insurance if
the LEA requires this of other contractors that serve its students.
These types of conditions are allowable, as long as they are reasonable,
do not subject SES providers to more stringent requirements than apply
to other contractors of the LEA, and do not have the effect of
inappropriately limiting educational options for parents. Similarly, an
LEA may include, in its contracts with providers, administrative
provisions dealing with issues such as the fees charged to providers for
the use of school facilities, the frequency of payments to providers,
and the issue of whether payments will be based in part on student
attendance.

**Indicator 2.7 -- The SEA ensures that LEAs and schools develop
schoolwide programs that use the flexibility provided to them by the
statute to improve the academic achievement of all students in the
school.**

**[Finding]{.underline}**: The MDE's template for schoolwide plans does
not include all of the required components - the requirement to include
strategies to attract high-quality highly qualified teachers to
high-need schools.

[Citation:]{.underline} Section 1114(b)(1)(E) of the ESEA specifies that
one of the components of a schoolwide plan is strategies to attract
high-quality highly qualified teachers to high-need schools.

[Further action required]{.underline}: The MDE must provide to ED
evidence that it will use its application update or some other process
to ensure that schoolwide plans include strategies to attract
high-quality highly qualified teachers to high-need schools.

+----------+---------------------------------------+------------+-----+
| **Mo     |                                       |            |     |
| nitoring |                                       |            |     |
| Area 3,  |                                       |            |     |
| Title I, |                                       |            |     |
| Part A:  |                                       |            |     |
| F        |                                       |            |     |
| iduciary |                                       |            |     |
| Re       |                                       |            |     |
| sponsibi |                                       |            |     |
| lities** |                                       |            |     |
+----------+---------------------------------------+------------+-----+
| **I      | # Description                         | **Status** | **  |
| ndicator |                                       |            | Pag |
| Number** |                                       |            | e** |
+----------+---------------------------------------+------------+-----+
| 3.1      | SEA complies with---                  | Met        | ### |
|          |                                       | Re         | ### |
|          | -   The procedures for adjusting      | quirements | ##  |
|          |     ED-determined allocations         |            | N/A |
|          |     outlined 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       | Re         | ### |
|          | annual application to the SEA and     | quirements | ##  |
|          | revising LEA plans as necessary to    |            | N/A |
|          | reflect substantial changes in the    |            |     |
|          | direction of the program.             |            |     |
+----------+---------------------------------------+------------+-----+
| 3.3      | SEA ensures that all its LEAs comply  | Findings   | ##  |
|          | with the requirements in section 1113 |            | ### |
|          | of the Title I statute and sections   | Reco       | ### |
|          | 200.77 and 200.78 of the regulations  | mmendation |  13 |
|          | 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 | Met        | ### |
|          |     of effort (MOE) provisions of     | Re         | ### |
|          |     Title I.                          | quirements | ##  |
|          |                                       |            | N/A |
|          | -   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      | Re         |     |
|          | specified in Subpart C, section       | quirements |     |
|          | 300(a) 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.          |            |  16 |
+----------+---------------------------------------+------------+-----+
| 3.7      | SEA complies with the requirement for | Met        | ### |
|          | implementing a system for ensuring    | Re         | ### |
|          | prompt resolution of complaints.      | quirements | ##  |
|          |                                       |            | N/A |
+----------+---------------------------------------+------------+-----+
| 3.8      | SEA complies with the requirement to  | Met        | ### |
|          | establish a Committee of              | R          | ### |
|          | Practitioners and involves the        | equirement | ##  |
|          | committee in decision-making as       |            | N/A |
|          | required.                             |            |     |
+----------+---------------------------------------+------------+-----+

Title I, Part A

Monitoring Area 3: Fiduciary Responsibilities

Indicator 3.3 -- Within District Allocation Procedures The LEA complies
with the requirements in sections 1113, 1116, and 1118 of the Title I
Statute and sections 200.77 and 200.78 of the regulations 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.

**[Finding (1):]{.underline}** The MDE has not ensured that its LEAs
correctly calculate equitable services for the teachers and families of
private school students. Neither BSD nor PPS had correctly calculated
equitable services for the teachers and families of private school
students.

[Citation:]{.underline} Section 1118(a)(3)(A) of the ESEA requires that
LEAs with a Title I, Part A allocation of greater than \$500,000 to
reserve not less than one percent of their Title I, Part A allocation to
carry out parental involvement activities. Section 200.65 of the Title I
regulations requires LEAs to calculate from these funds the amount of
funds available for parental involvement activities for families of
private school students based on the proportion of private school
students from low-income families residing in Title I attendance areas.
If an LEA reserves more than the required one percent of its Title I,
Part A funds for parental involvement activities, the requirement to
allocate an equitable amount for the involvement of private school
parents applies to the entire amount set aside for this purpose.

If an LEA reserves funds under Section 1119 of the ESEA for carrying out
professional development activities, the LEA must provide equitable
services to teachers of private school participants from this set-aside.
Section 200.65(a)(1) -- (2) of the Title I regulations requires an LEA
to calculate the amount of funds available for professional development
activities from the reserved funds based on the proportion of private
school children from low-income families residing in participating
public school attendance areas. Activities for the teachers of private
school participants must be planned and implemented with meaningful
consultation with private school officials and teachers.

Section 200.64(a)(2)(i)(A) of the Title I regulations requires that, if
an LEA reserves funds for instructional related activities for public
elementary or secondary students at the district level, the LEA must
also provide from these funds, as applicable, equitable services to
eligible private school children. The amount of funds available to
provide equitable services from the applicable reserved funds must be
proportional to the number of private school children from low-income
families residing in participating public school attendance areas.

[Further action required:]{.underline} The MDE must ensure that its LEAs
correctly calculate equitable services for services to the teachers and
families of participating private school students. The MDE must provide
ED with a detailed description of how and when the MDE informed its LEAs
of these requirements. This documentation must include letters to LEAs
and/or agendas for technical assistance meetings. The MDE must provide
to ED a description of how it will ensure the correct implementation of
these requirements. The MDE must also submit to ED evidence that, for
the 2007--2008 school year, PPS and BSD have correctly calculated the
amount of Title I funds including any applicable carryover funds that
must be reserved for services for private school students, their
teachers and families.

**[Finding (2):]{.underline}** The MDE has not ensured that its LEAs
correctly calculate the required 1% for parental involvement activities
and allocate at least 95 percent of the one percent reservation for
parental involvement to schools. BSD has calculated the 1 percent
reservation for parental involvement on the initial allocation rather
than on the final amount, which includes funds transferred into Title I,
and has retained the entire reservation at the central office level
rather than allocating at least 95 percent to schools.

[Citation]{.underline}: Section 1118(a)(3)(A) of the ESEA requires that
LEAs with a Title I, Part A allocation of greater than \$500,000 to
reserve not less than one percent of their Title I, Part A allocation
including any transferred funds to carry out parental involvement
activities. Section 200.65 of the Title I regulations requires LEAs to
calculate from these funds the amount of funds available for parental
involvement activities for families of private school students based on
the proportion of private school students from low-income families
residing in Title I attendance areas. The LEA then must distribute to
its public schools at least 95 percent of the remainder, leaving the
balance of the reserved funds for parental involvement activities at the
LEA level. Any funds related to this requirement that the LEA does not
use that year must be carried over into the next fiscal year and used
for parental involvement activities.

[Further action required]{.underline}: The MDE must provide ED with
evidence that it has provided guidance and has developed a process for
ensuring that its LEAs that receive a Title I, Part A allocation of
greater than \$500,000 correctly calculate the required one percent,
allocate, if applicable, funds for parental involvement activities for
families of private school students, and distribute at least 95 percent
of the remaining funds to schools as a part of the budget determination
process. The MDE must ensure that LEAs that wish to use all or a portion
of the 95 percent for district wide activities, such as Even Start
Literacy or Parents as Teachers, appropriately document that the
required amount of funds was allocated to the schools, and that each
individual school agreed to give back its individual allocation to fund
district wide activities. The MDE must provide ED with a detailed
description of how and when the MDE informed its LEAs of this
requirement. This description must include documentation such as letters
to LEAs, agendas for technical assistance meetings, etc.. In addition,
the MDE must submit to ED evidence that, for the 2007- 2008 school year,
BSD has correctly calculated the amount of Title I funds that must be
reserved for parental involvement, including parental involvement
activities for families of participating private school students. This
evidence must document that at least 95 percent of the remainder has
been distributed to public schools, or document that the funds were
allocated to the schools, and that each individual school agreed to give
back its individual allocation to fund district wide activities.

[**Recommendation**:]{.underline} The ED team recommends that the MDE
establish and disseminate to its LEAs written procedures for determining
when an LEA may be allowed to reallocate these reserved funds to other
activities. These procedures should require that LEAs provide
documentation to the MDE that they have:

-   Appropriately notified all eligible parents of the availability of
    public school choice and SES:

-   Adequately publicized the options to parents in understandable
    formats and multiple forums; and

-   Offered parents a reasonable period of time to investigate their
    options and submit their requests for either public school choice or
    SES.

**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 MDE has not ensured that its LEAs provide
Title I services only to eligible private school students. The Title I
teacher interviewed in BSD indicated that she works in the regular
classroom to provide extra assistance to any student who needs it rather
than just the Title I students.

[Citation:]{.underline} Section 1115(b) of the ESEA requires that
children be identified for Title I services based on multiple,
educationally related, objective criteria. Section 200.66(b)(2) of the
Title I regulations prohibits LEAs from using Title I funds for the
needs of the private school or the general needs of children in the
private school.

[Further action required:]{.underline} The MDE must ensure that its LEAs
are providing Title I services only to eligible private school students.
The MDE must require all its LEAs serving private school children to
maintain control of the Title I program. The MDE must require PPS and
any other LEA where Title I funded staff are providing services to
ineligible students to cease this practice immediately and must provide
evidence to ED that it has done so. The MDE must provide to ED
documentation that it has informed its LEAs of these requirements. The
MDE must also provide to ED information on procedures they will use to
ensure the correct implementation of this requirement.

**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      | Met         | N/A |
|           | program quality for Even Start      | r           |     |
|           | programs, and uses the Indicators   | equirements |     |
|           | to monitor, evaluate, and improve   |             |     |
|           | projects within the State.          |             |     |
+-----------+-------------------------------------+-------------+-----+
| 1.5       | The SEA ensures that projects       | Met         | N/A |
|           | provide for an independent local    | r           |     |
|           | evaluation of the program that is   | equirements |     |
|           | 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     | Met         | N/A |
|           | Even Start program requirements.    | r           |     |
|           |                                     | equirements |     |
+-----------+-------------------------------------+-------------+-----+

+-----------+------------------------------------+-------------+------+
| ## Monit  |                                    |             |      |
| oring Are |                                    |             |      |
| a 2, Titl |                                    |             |      |
| e I, Part |                                    |             |      |
|  B, Subpa |                                    |             |      |
| rt 3: Ins |                                    |             |      |
| tructiona |                                    |             |      |
| l Support |                                    |             |      |
+===========+====================================+=============+======+
| **        | # Description                      | ### Status  | ##   |
| Indicator |                                    |             | Page |
| Number**  |                                    |             |      |
+-----------+------------------------------------+-------------+------+
| 2.1       | The SEA uses funds to provide      | Met         | N/A  |
|           | technical assistance to local      | r           |      |
|           | projects to improve the quality of | equirements |      |
|           | Even Start family literacy         |             |      |
|           | services or comply with State      |             |      |
|           | indicators of program quality.     |             |      |
+-----------+------------------------------------+-------------+------+
| 2.2       | Each program assisted shall        | Met         | N/A  |
|           | include the identification and     | r           |      |
|           | recruitment of eligible families.  | equirements |      |
+-----------+------------------------------------+-------------+------+
| 2.3       | Each program assisted shall        | Finding     | 19   |
|           | implement all 15 program elements. |             |      |
+-----------+------------------------------------+-------------+------+
| 2.4       | SEA ensures that all families      | Met         | N/A  |
|           | receiving services participate in  | r           |      |
|           | all four core instructional        | equirements |      |
|           | services.                          |             |      |
+-----------+------------------------------------+-------------+------+
| 2.5       | The local programs shall use       | Met         | N/A  |
|           | high-quality instructional         | r           |      |
|           | programs based on scientifically   | equirements |      |
|           | based reading research (SBRR) for  |             |      |
|           | children and adults.               |             |      |
+-----------+------------------------------------+-------------+------+

+-----------+-------------------------------------+-------------+------+
| # 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    | Finding     | 19   |
|           | comply with statutory and           |             |      |
|           | regulatory requirements on uses of  |             |      |
|           | funds and matching.                 |             |      |
+-----------+-------------------------------------+-------------+------+
| 3.3       | The SEA complies with the           | Finding     | 19   |
|           | cross-cutting maintenance of effort |             |      |
|           | provisions.                         |             |      |
+-----------+-------------------------------------+-------------+------+
| 3.4       | The SEA ensures that grantees       | Finding     | 20   |
|           | comply with requirements with       |             |      |
|           | regard to services for eligible     |             |      |
|           | 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 B, Subpart 3 (Even Start)

#### Monitoring Area: Instructional Support

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

**[Finding]{.underline}**: The ED team found that one project visited
was not offering instructional home visits as required. In this project,
staff was visiting participants' homes several times a year but these
visits did not include instructional activities.

[Citation]{.underline}: Section 1235(7) of the ESEA states that each
program assisted under Even Start shall provide and monitor integrated
instructional services to participating parents and children through
home-based programs.

[]{.mark}

[Further action required**:**]{.underline} The MDE must develop and
implement a plan to ensure that local projects provide integrated
instructional services through home-based programs. The MDE must then
submit the plan to ED for review.

# 

# [Monitoring Area: Fiduciary Responsibilities]{.underline}

## Indicator 3.2 -- The SEA ensures that subgrantees comply with requirements on uses of funds and matching.

**[Finding]{.underline}**: The MDE has not consistently ensured that
subgrantees comply with statutory and regulatory requirements on uses of
funds and matching. The ED team found that one of the projects visited
was not adequately maintaining records documenting matching funds.

[Citation]{.underline}: Section 1234 of the ESEA requires Even Start
local projects to provide specific match or cost share amount. Section
76.731 of EDGAR (34 CFR section 76.731) requires States and subgrantees
to keep records showing their compliance with program requirements, and
sections 74.23 and 80.24 of EDGAR (34 CFR sections 74.23 and 80.24)
require grantees and subgrantees to keep records verifying the costs and
third party in-kind contributions counted toward satisfying the
cost-share or matching requirement, including how the local project
derived the value placed on third party in-kind contributions.

[Further action required]{.underline}: The MDE must ensure that local
projects understand how to document the correct matching share. The MDE
must submit to ED an action plan for how it will provide guidance and
training to address this concern, and documentation that such guidance
and training has been provided to grantees.

**Indicator 3.3 \-- The SEA complies with the cross-cutting maintenance
of effort provisions.**

**[Finding]{.underline}**: The ED team found that the state coordinator
was not receiving information annually about whether LEAs had failed to
meet the maintenance of effort requirement.

[Citation]{.underline}: Section 9521(b)(1) of the ESEA states that the
SEA shall reduce the amount of the allocation of funds under a covered
program in any fiscal year in the exact proportion by which a local
educational agency fails to meet the maintenance of effort requirement
in section 9521(a) of the ESEA by falling below 90 percent of the
previous year's combined fiscal effort per student or aggregate
expenditures (using the measure most favorable to the local agency).

[Further action required]{.underline}: The MDE must provide ED with
documentation demonstrating that the State coordinator has been notified
about the maintenance of effort provisions that apply to LEA partners in
Even Start subgrants.

**Indicator 3.4 -- The SEA ensures that grantees comply with
requirements with regard to services for eligible private school
children, their teachers, and their families.**

**[Finding]{.underline}**: The MDE has not provided guidance to projects
about equitable participation requirements, nor is it monitoring for
compliance with this requirement. (Note: the equitable participation
requirement was not applicable in one project because no private school
was located in the service area, and in the other project because no
school-age children were served.)

[Citation]{.underline}: Section 9501 of the ESEA requires recipients of
Federal Even Start funds to provide eligible school-age children who are
enrolled in private elementary schools and secondary schools and their
teachers or other educational personnel, educational services and
benefits under Even Start on an equitable basis. Eligible entities must
provide the equitable services after timely and meaningful consultation
with the appropriate private school officials.

[Further action required]{.underline}: The MDE must develop guidance and
training for local projects to ensure that all local projects provide
timely and meaningful consultation with private school officials, and
provide services and benefits to elementary and secondary school
children attending private schools and their families, teachers, and
other educational personnel that are equitable in comparison to the
services and benefits provided to such public school students and
families, teachers and educational personnel. MDE must provide evidence
of guidance and training to ED.

#  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       | Met         | N/A  |
|            | required components as identified |             |      |
|            | in its Title I, Part D (N/D)      | R           |      |
|            | plan.                             | equirements |      |
+------------+-----------------------------------+-------------+------+
| 1.2        | The SEA ensures that State agency | Finding     | 21   |
|            | (SA) plans for services to        |             |      |
|            | eligible N/D students meet all    | Rec         |      |
|            | requirements.                     | ommendation |      |
+------------+-----------------------------------+-------------+------+
| 1.3        | The SEA ensures that local        | Finding     | 22   |
|            | educational agency (LEA) plans    |             |      |
|            | for services to eligible N/D      |             |      |
|            | students meet all requirements.   |             |      |
+------------+-----------------------------------+-------------+------+
| 2.1        | The SEA ensures that              | Met         | N/A  |
|            | institutionwide programs          |             |      |
|            | developed by the SA under Subpart | R           |      |
|            | 1 use the flexibility provided to | equirements |      |
|            | them by law to improve the        |             |      |
|            | academic achievement of all       |             |      |
|            | students in the school.           |             |      |
+------------+-----------------------------------+-------------+------+
| 3.1        | The SEA ensures each SA has       | Finding     | 22   |
|            | reserved not less than 15 percent |             |      |
|            | and not more than 30 percent of   |             |      |
|            | the amount it receives under      |             |      |
|            | Subpart 1 for transition          |             |      |
|            | services.                         |             |      |
+------------+-----------------------------------+-------------+------+
| 3.2        | The SEA conducts monitoring of    | Finding     | 23   |
|            | its subgrantees sufficient to     |             |      |
|            | ensure compliance with Title I,   |             |      |
|            | Part D program requirements.      |             |      |
+------------+-----------------------------------+-------------+------+

**Title I, Part D**

**Indicator 1.2 -- The SEA ensures that State Agency (SA) plans for
services to eligible N/D students meet all requirements.**

**[Finding:]{.underline}** The MDE has not ensured that the SA
applications for Part D funding address all the required elements. The
MDE uses an electronic application process. However, only LEA Title I,
Part A requirements are listed for these programs and the SAs have no
way to address all Part D requirements.

[Citation]{.underline}: Section 1414 (c)(1-19) of the ESEA requires that
State agencies that request funds to operate programs under Title I,
Part D, Subpart 1, need to submit in their application to the SEA
program descriptions and assurances that meet the requirements of Part
D, Subpart 1.

[Further action required]{.underline}: The MDE must either modify or
develop additional application procedures that the SA can use to comply
with the requirements of section 1414 of the ESEA. MDE must submit the
modified or additional application requirements to ED to demonstrate the
application process is in compliance.

**[Recommendation:]{.underline}** ED recommends that the DOC assure the
MDE that parent involvement is taking place, as appropriate, as the ED
team observed that the DOC has not taken steps to determine if
additional parental involvement is appropriate for youth served in adult
correctional settings.

**Indicator 1.3 - The SEA ensures that local educational agency (LEA)
plans for services to eligible N/D students meet all requirements.**

**[Finding:]{.underline}** The MDE has not ensured that the application
process it utilizes for Subpart 2 plans addresses the requirement of
LEAs entering into an agreement with local institutions for the purposes
of providing services under Part D.

[Citation]{.underline}: Section 1423(2)(A)(B) of the ESEA states that
LEAs that request funds to operate programs under Title I, Part D,
Subpart 2 need to submit in their application to the SEA a description
of formal agreements regarding the program to be assisted between the
LEA and correctional facilities and alternative school programs serving
children and youth involved with the juvenile justice system. The
agreement must contain program descriptions that meet the requirements
of Part D, Subpart 2.

[Further action required]{.underline}: The MDE must either modify or
develop additional application procedures that LEAs can use to comply
with the requirements of section 1423 of the ESEA. The MDE must require
LEAs to enter into and submit the formal agreements with correctional
facilities and alternative school programs. The MDE must submit the
modified or additional application requirements to ED to demonstrate the
application process is in compliance.

**Indicator 3.1 -- The SEA ensures each SA has reserved not less than 15
percent and not more than 30 percent of the amount it receives under
Subpart 1 for transition services.**

**[Finding:]{.underline}** The ED team found that the DOC did not
attribute 15-30 percent of its funding as part of a budget narrative and
was unable to identify funds used for transition purposes.

[Citation]{.underline}: Section 1418 (a) of the ESEA states that each
State agency shall reserve not less than 15 percent and not more than 30
percent of the amount such agency receives under this subpart for any
fiscal year to support - (1) projects that facilitate the transition of
children and youth from State-operated institutions to schools served by
local educational agencies; or (2) the successful re-entry of youth
offenders, who are age 20 or younger and have received a secondary
school diploma or its recognized equivalent, into postsecondary
education, or vocational and technical training programs, through
strategies designed to expose the youth to, and prepare the youth for,
postsecondary education, or vocational and technical training programs.

[Further action required]{.underline}: The MDE must inform Part D SA
programs to identify a reservation of funds for transition services. ED
requires the MDE to provide technical assistance to SAs to attribute
such funds to appropriate transition activities in its application to
the SEA and the MDE submit such application to ED for review.

**Indicator 3.2 - The SEA conducts monitoring of its subgrantees
sufficient to ensure compliance with Title I, Part D program
requirements.**

**[Finding]{.underline}:** The ED team found that the MDE has not
conducted monitoring of the DOC Subpart 1 programs under the ESEA.

[Citation]{.underline}: Section 1414 of the ESEA lists assurances that
programs assisted under Title I, Part D will be carried out in
accordance with the State plan. Additionally, the SEA is required to
ensure that the State agencies and local educational agencies receiving
Part D subgrants comply with all applicable statutory and regulatory
requirements. Further, section 1426 of the ESEA requires the SEA to hold
LEAs accountable for demonstrating student progress in identified areas.
Finally, section 9304(a) of the ESEA requires that the SEA ensure that
programs authorized under the ESEA are administered with all applicable
statutes, regulations, program plans and applications.

[Further action required]{.underline}: The MDE must provide a plan to ED
that indicates how it will (1) implement a monitoring process that
determines whether the Title I, Part D programs are complying with Part
D requirements; and (2) provide ED with information of how it will carry
out comprehensive monitoring to ensure that both Subparts 1 and 2
programs implement appropriate requirements.

##### 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     | Finding    | 23   |
| 3.4        | LEAs with and without subgrants,   |            |      |
|            | sufficient to ensure compliance    |            |      |
|            | with McKinney-Vento program        |            |      |
|            | requirements.                      |            |      |
+------------+------------------------------------+------------+------+

**Indicator 3.4 -The SEA conducts monitoring of LEAs with and without
subgrants, sufficient to ensure compliance with McKinney-Vento program
requirements.**

**[Finding:]{.underline}** The ED team found that the MDE monitoring
process for the three subgrantees does not have a protocol or
comprehensive evaluation process to determine program effectiveness
including student outcomes.

[Citation]{.underline}: Section 722(g)(2) of the ESEA states that State
plans for the education of homeless children and youth requires the
State to ensure that LEAs will comply with the requirements of the
McKinney-Vento statute. Section 80.40 of the EDGAR further requires that
the State, as the grantee, is responsible for monitoring grant and
subgrant-supported activities to assure compliance with applicable
Federal requirements.

[Further action required:]{.underline} The MDE must provide
documentation to ED that indicates how it will conduct compliance
monitoring to ensure that all LEAs with and without subgrants implement
all requirements of the McKinney-Vento statute.