ATTACHMENT 2

Guidance for Identifying Eligible Institutions and Counting Children

Part I - Local Institutions 

1. Identify eligible institutions. In order to be eligible to be counted, a child age 5 through 17 

must live in a locally operated facility that meets the definition of an institution for neglected 

children, an institution for delinquent children, or an adult correctional institution as provided 

in section 1432(1) and (4) of the Title I statute. It is not necessary to designate a child as 

neglected or delinquent because if he or she is between ages 5 and 17 and is in an institution 

that meets the definitions, that child would be eligible to be counted.

2. Report the October 2014 caseload data for children in eligible institutions. The State 

educational agency (SEA) must report only the number of children who were not counted in 

the enrollment data for the State agency N or D program and live in an eligible institution for 

at least one day during a 30 consecutive day period, at least one day of which falls within the 

month of October 2014.

3. Submit a separate count of children for each local educational agency (LEA) in the following 

categories of institutions: (A list of LEAs for your State showing identification codes will be 

sent to you electronically.)

 Local institutions for neglected children (see the definition in section 1432(4)(A) of the 

Title I statute).

 Local institutions for delinquent children (see section 1432(4)(B)). In this category also 

include children in local adult correctional institutions (see the definition of the term in 

section 1432(1)).

Although detailed information for each institution is not required, it may be helpful to 

provide this guidance to the individual institutions.

Please note that the category of an institution should not change from year to year unless 

there has been an official change in the purpose for which the institution is operated. For 

example, if an institution is operated for the care of neglected children, but the majority of the 

children residing in the institution during October are children adjudicated to be delinquent, 

the children in that institution should still be reported as neglected children until its charter or 

purpose is officially changed to show that it is an institution operated for the care of 

delinquent children. Consistency in reporting from year to year is necessary because 

changing the category of an institution each year based on the category of the majority of 

children served affects the hold-harmless allocations and eligibility under the Title I, Part A 

formulas.

4. Count only children ages 5 through 17.

5. Verify the accuracy of the data to be submitted. Compare the October 2014 data to the data 

that were submitted last year. If there is a large increase or decrease in an LEA count, the 
Guidance for Identifying Eligible Institutions and Counting Children (continued)

2

SEA should identify the reason. For example, did a new institution begin operation? Did an 

institution close? Do new institutions meet eligibility requirements? Were October caseload 

data reported correctly? Were only children ages 5 through 17 reported in the count? While 

it is not necessary to submit documentation to support the accuracy of the data, the SEA 

should be prepared to respond if questions arise when ED verifies the counts.

Part II - State-Operated or Supported Institutions

1. Identify eligible institutions or community day programs for N or D children for which a 

State agency is responsible for providing free public education and is actually providing a 

regular program of instruction as defined in §200.90(b) of the Title I regulations. Institutions 

for neglected children and institutions for delinquent children are also defined in §200.90(b) 

of the Title I regulations. The average length of stay in an institution for neglected or 

delinquent children must be at least 30 days. Adult correctional institutions are defined in 

section 1432(1) of the Title I statute, and community day programs are defined in section 

1432(3). A child must be in an eligible institution or community day program in order to be 

counted.

2. Submit data on the number of children enrolled in a regular program of instruction for each 

eligible institution and community day program for the date specified by the State agency in 

accordance with §200.91(a)(2) of the regulations. To be counted, a child or youth must be 

enrolled in a regular program of instruction provided by the State agency for at least--

 20 hours per week if in an institution for N or D children or a community day program for 

N or D children; or

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

The SEA must adjust the enrollment data for each institution to account for the relative length 

of a State agency's annual educational program in such institution in accordance with 

§200.91(b) of the Title I regulations before submitting the data to ED. 

3. Count only children up to age 21 years (through age 20).

4. Verify the accuracy of the data to be submitted. Compare each State agency's enrollment 

data to the data that were submitted last year. If there is a large increase or decrease in a 

State agency's count, the SEA should identify the reason. For example, did a new institution 

begin operation or did an institution close? Were the enrollment data reported correctly and 

were data reported only for children and youth? Were the enrollment data adjusted correctly? 

While it is not necessary to submit documentation to support the accuracy of the data, the 

SEA should be prepared to respond if questions arise when ED verifies the counts.

To assist you in collecting the data needed to complete Part II, we have attached a worksheet 

(with instructions) that could be used to gather the enrollment data from State-operated programs 

for N or D children, community day programs, or adult correctional institutions within your State 

(Attachment 3). States are not required to use this optional worksheet or submit it to ED.