FISCAL ISSUES IMPACTING PERKINS AND THE ADULT EDUCATION PROGRAM (AEFLA)

Presented by:Michael Brustein, Esq. Erin Auerbach, Esq.mbrustein@bruman.com eauerbach@bruman.com

Brustein & Manasevit, PLLC Spring Forum 2011

OVERVIEW

Funding Implementation Issues Common Questions

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FUNDING

CURRENT FUNDING PROPOSALS

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WHY IS PERKINS BEING CUT?

1. Obama’s Budget last year eliminated Tech Prep

2. Obama and House propose to eliminate Tech Prep in 2012

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WHY IS PERKINS BEING CUT?

3. “CTE programs are not living up to their purpose of preparing students for college and careers.” – ED Official

4. Programs must lead to high wage outcomes, industry recognized professional credentials, and students who can transition to postsecondary education without remedial classes. – Brenda Dann-Messier

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WHAT DOES HISTORY TEACH US ABOUT PROGRAMS SUBJECT TO SUCH CUTS?

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WHERE WERE THE D.C. ADVOCACY ORGANIZATIONS? ACTE State Directors

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WILL THE FEDERAL GOVERNMENT STILL BE THE ENGINE DRIVING THE CTE TRAIN?

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COMMON THEMES

“SILO SMASHING”

“CONSOLIDATION”

“MOVE TOWARDS COMPETITIVE GRANTS, AWAY FROM FORMULA”

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WILL PERKINS FUNDING SHIFT TO SUPPORT ONLY POSTSECONDARY?

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IMPLEMENTATION ISSUES

Career and Technical Student Organization (CTSO) OVAE: Perkins funds may not be used to support

the lodging, feeding, conveying, or furnishing transportation to conventions or other forms of social assemblage for CTSOs. Perkins IV, Non-Regulatory Guidance Q&A – Version

3.0, Question D.26 (June 2, 2009) http://cte.ed.gov/docs/nonregulatory/PerkinsIVNon-

RegulatoryGuidanceQAVersion3.0.pdf Perkins funds may be used for lodging, feeding,

conveying, or furnishing transportation if the costs are (1) related to a CTSO that is an integral part of the

curriculum, and (2) part of a larger program to serve special

populations or nontraditional students

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SO WHY DOES PERKINS PERMIT SUPPORT FOR CTSOS?

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IMPROVEMENT PLANS

Perkins Section 123(b)(2)

“the eligible recipient shall develop and implement

a program improvement plan . . . during the first

program year succeeding the program year for which the eligible recipient failed to so meet

any of the local adjusted levels of performance for

any of the core indicators of performance.”

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IMPROVEMENT PLANS

According to the language of the statute – recipients that failed to meet performance indicators as reported in the 2010 CAR would have developed and began implementing an improvement plan on July 1, 2010.

Not possible in the real world

What should States do to be in compliance?

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IMPROVEMENT PLANS

To date, no sanctions have been imposed on States who are not enforcing the exact language of the law.

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IMPROVEMENT PLANS

During 12 months following the 90% deficiency,

create a paper trail that:

1. Informs recipient of the need for an improvement plan

2. Requests that the recipient will send to the State an assurance that it will take steps to address the deficiency during that 12 month period

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SUPPLANTING

Can Perkins or AEFLA funds be used to lawfully supplant State and local funds?

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ADMINISTRATIVE COSTS

How do administrative costs compare to indirect costs?

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ADMINISTRATIVE COSTS

Subgrantees – must track administrative expenditures separately from programmatic expenditures.

Administrative activities for both Perkins and AEFLA is a “cost objective.”

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COST OBJECTIVE

“function, organizational subdivision, contract, grant, or other activity for which cost data are needed and for which costs are incurred.” OMB Circular A-87, Attachment A, B(11)

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PERIOD OF AVAILABILITY

Perkins: State

Subject to Tydings July 1 through September 30 of the following grant

year (27 months) Locals

Academic year

AEFLA State and Locals

Subject to Tydings July 1 through September 30 of the following grant

year (27 months) 23

PERIOD OF AVAILABILITY

Can the State limit the period of availability for subrecipients?

2009 Arkansas ESEA Monitoring Report States do not have the authority to shorten

period of availability/carryover period for subgrantees, if the Tydings Amendment applies to that program.

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Remedial Courses = not allowable

Remedial Services =allowable

Perkins IV, Non-Regulatory Guidance Q&A – Version 3.0, Funding for Remedial Education begins at Question D.18 (June 2, 2009)

http://cte.ed.gov/docs/nonregulatory/PerkinsIVNon-RegulatoryGuidanceQAVersion3.0.pdf

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AEFLA ISSUES

ONLY ELIGIBLE STUDENTS MAY BE SERVED UNDER AEFLA! AEFLA Section 203(1)

At least 16 years old AND Not enrolled or required to be enrolled in secondary

school AND Lack mastery of basic educational skills AND Do not have a secondary school diploma or equivalent

AND Are unable to speak, read, or write English

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USE OF MULTIYEAR GRANTS/CONTRACT

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USE OF SAME FUNDING ANNOUNCEMENT FOR ALL PROVIDERS

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COMMON QUESTIONS

FREQUENTLY ASKED QUESTIONS1. May funds be used to pay for meals?2. And what about the use of funds for

awards?3. Can funds be used to pay for bus

transportation for students?4. If equipment is purchased, may Perkins

funds be used for service warranties?5. Can funds be used to purchase iPods for

students? For teachers as part of professional development?

6. May funds pay for membership fees in professional organizations?

7. Can funds be used for bags or t-shirts to give away to attendees of a professional development event?

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FREQUENTLY ASKED QUESTIONS

8. May funds be spent on pens and pads of paper to be used at a professional development event?

9. May funds be used to pay for tuition costs for faculty to earn a degree?

10. May funds be used for tuition costs for students?

11. Can funds be used for stipends to non-faculty staff for time working outside of their contractual hours?

12. Can funds be used for the cost of attendance at a professional development activity?

13. Can funds be used for travel expenses to a professional development activity?

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FREQUENTLY ASKED QUESTIONS

14. May funds be used to pay for equipment repair cost?

15. Can funds be used to pay for campus security guards?

16. Can funds be used to upgrade electrical capacity?

17. May funds be used for radio advertisements?

18. May funds be used for financial aid training for college employees?

19. May leadership funds be used for course development?

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FREQUENTLY ASKED QUESTIONS

20. Can funds be used for gift cards for students?

21. If a technical college uses Perkins funds to pay a portion of a high school teacher’s salary should that employee complete a time and effort form?

22. Can funds be used for teacher retirement benefits?

23. May administration funds be used to purchase file cabinets?

24. Can funds be used for a photographer at a professional development event?

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DEVELOPMENT OF A POLICY ANDPROCEDURE MANUAL?

OMB Circular A-133 Audit Compliance OVAE Monitoring Consistency Provider input!

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This presentation is intended solely to provide general information and does not constitute legal

advice or a legal service.  This presentation does not create a client-lawyer relationship with Brustein & Manasevit, PLLC and, therefore, carries none of the

protections under the D.C. Rules of Professional Conduct.  Attendance at this presentation, a later

review of any printed or electronic materials, or any follow-up questions or communications arising out of

this presentation with any attorney at Brustein & Manasevit, PLLC does not create an attorney-client relationship with Brustein & Manasevit, PLLC.  You

should not take any action based upon any information in this presentation without first

consulting legal counsel familiar with your particular circumstances.

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