HOW ESSA CHANGES THE TITLE I FISCAL RULES · 2019-04-10 · 1 HOW ESSA CHANGES THE TITLE I FISCAL RULES THE EVERY STUDENT SUCCEEDS ACT Tiffany Winters, Esq. [email protected] April

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HOW ESSA CHANGES THE TITLE I FISCAL RULES

HOW ESSA CHANGES THE TITLE I FISCAL RULES

THE EVERY STUDENT SUCCEEDS ACTTHE EVERY STUDENT SUCCEEDS ACT

Tiffany Winters, [email protected] 2016www.bruman.com

BRUSTEIN & MANASEVIT, PLLC © 2016. ALL RIGHTS RESERVED.

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TIMELINE FOR IMPLEMENTATION

ESSA Passed December 10, 2015

Formula grants ﴾at federal level﴿ effective July 1, 2016

Competitive grants ﴾at federal level﴿ effective October 1, 2016

ESEA Flex Waivers terminate August 1, 2016

BUT:

Omnibus appropriations bill passed December 18th:

Funds provided for non‐competitive formula grant programs authorizedby the ESEA for use during academic year 2016–2017 shall be administeredin accordance with the ESEA as in effect on the day before the date ofenactment of the ESSA.

So….NCLB in effect for another year! 2


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ESSA’S BASIC FISCAL STRUCTURE

Title I, Part A remains a state‐administered program ED grants funds to state based on statutory formulas State grants funds to LEAs based on statutory formula LEA allocates funds to schools based on ranking and serving

Maintains major formula grant funding streams ﴾and many competitive programs too﴿

Allocations are based on poverty levels Service is based on academic need

Two models of Title I, Part A program:1. Targeted Assistance2. Schoolwide

Consolidates/eliminates a number of smaller grant programs 3


TITLE I PILOT PROGRAM

﴾NEW﴿ Pilot Program re: Title I funding formula 3‐year demonstration agreements with up to 50

LEAs LEAs apply directly to ED for a pilot program

Pilot districts may consolidate certain federal funds ﴾Titles I, II, III, IV,Aand V,C﴿, State, and local funds to create weighted per‐pupil funding systems

LEA must demonstrate annually that no high‐poverty school received less funding on a per‐pupil basis for low‐income students, ELs

May renew for an additional 3 years at discretion of the Secretary

If successful, can expand to any LEA in 2019‐20 4BRUSTEIN & MANASEVIT, PLLC © 2016. ALL RIGHTS RESERVED.

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GENERAL ALLOWABILITY CHANGESSEC. 8101 ﴾52﴿

﴾NEW﴿“core academic subjects” “well‐rounded education”

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English, reading or language arts, writing

science, technology, engineering, mathematics,

computer science, foreign languages, civics and government, economics,

arts, music history, geography, career and technical

education, health, physical education,

and others as designated by

State/LEA

﴾NEW﴿ Removed the definition of Highly Qualified Teachers ﴾HQT﴿BRUSTEIN & MANASEVIT, PLLC © 2016. ALL RIGHTS RESERVED.

ESSA TITLE I STATE‐LEVEL FUNDING

Title I funding formula remains the same

Maintains 1% cap on State administrative funds ﴾Sec. 1004﴿

﴾NEW﴿ Mandatory 7% School Improvement Set‐aside ﴾Sec. 1003﴿

﴾NEW﴿ Optional 3% Direct Student Services Set‐aside ﴾Sec. 1003A﴿

6BRUSTEIN & MANASEVIT, PLLC © 2016. ALL RIGHTS RESERVED.

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SCHOOL IMPROVEMENT FUNDSSEC. 1003﴾B﴿‐﴾D﴿

﴾NEW﴿ Mandatory: SEA reserves 7% for School Improvement 95% for grants to LEAs

Formula or Competitive Basis

Grants are for no more than 4 years ﴾may include planning year﴿

To implement comprehensive and targeted support and improvement activities.

Services may be provided directly by SEA with approval of the LEA


SCHOOL IMPROVEMENT FUNDS ﴾CONT.﴿SEC. 1003﴾F﴿

States are permitted to award grants to: a statewide school district, consortium of LEAs, or Educational service agencies serving schools implementing

improvement activities if such entities are legally constituted or recognized as LEAs.

SEAs must give priority to LEAs that: 1. Serve high numbers, or a high percentage of, elementary

schools and secondary schools in improvement 2. Demonstrate the greatest need for such funds, as determined

by the State; and3. Demonstrate the strongest commitment to using funds under

this section to enable the lowest‐performing schools to improve student achievement and student outcomes. 8


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SCHOOL IMPROVEMENT FUNDS ﴾CONT.﴿SEC. 1003﴾B﴿‐﴾C﴿

Remaining Funds are used by the SEA to:

Ensure allocations represent the geographic diversity of the State

Ensure that allotments are of sufficient size to enable a LEA to effectively implement selected strategies;

Monitor and evaluate the use of funds by LEAs; and

Reduce barriers and provide operational flexibility for schools in the implementation of improvement activities.


SCHOOL IMPROVEMENT HOLD HARMLESS AND REPORTING 1003﴾H﴿ AND ﴾I﴿

Starting fiscal year 2018, the SEA must not decrease the amount of funds each LEA receives below the amount received by the LEA for the preceding fiscal year.

The State shall include a list of all the LEAs and schools that received funds under this section

Includes the amount of funds each school received; and

The types of strategies implemented in each school


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DIRECT STUDENT SERVICESSEC. 1003A

﴾NEW﴿ Optional 3% set‐aside for Direct Student Services

1% of that 3% for State Administration ﴾1003A﴾a﴿﴾2﴿﴿

Remainder subgranted to LEAs, with priority to LEAs with high percentage of schools identified for comprehensive or targeted support

To provide funds to schools identified under ESSA

Consultation with LEAs


LEA USE OF FUNDS FOR DIRECT STUDENT SERVICES 1003A﴾C﴿

1% Outreach and communications to parents re: available services

2% Administration

Remainder on allowable uses of funds

In paying the costs associated with the direct student services the LEA shall—

First, pay such costs for students who are enrolled in schools identified for comprehensive support and improvement

Second, pay such costs for low‐achieving students who are enrolled in schools implementing targeted support and improvement plans; and

With any remaining funds, pay such costs for other low‐achieving students served by the local educational agency.


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LEA USE OF FUNDS FOR DIRECT STUDENT SERVICES ﴾CONT.﴿ 1003A﴾C﴿

﴾NEW﴿ LEA Use of Funds ﴾cont.﴿

Allowable expenditures may include:

Academic/CTE coursework aligned to academic / industry standards

Credit recovery;

Post‐secondary instruction and examination costs, including Advance Placement and International Baccalaureate test fees;

Transportation of LEAs implementing school choice if not reserved for comprehensive support; and

High Quality Academic Tutoring.13BRUSTEIN & MANASEVIT, PLLC © 2016. ALL RIGHTS RESERVED.

DIRECT STUDENT SERVICES ﴾CONT.﴿ SEC. 1003A

The LEA has the option of providing tutoring.

﴾NEW﴿ Each State must: Compile and maintain and updated list of State‐approved high‐quality

academic tutoring providers that:

Developed using fair negotiation, rigorous selection and approval process;

Offers a range of tutoring models ﴾online, etc.﴿; and

Includes demonstrated record of success, complies with laws, provides secular instruction.


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DIRECT STUDENT SERVICES ﴾CONT.﴿SEC. 1003A

﴾NEW﴿ Each State must ﴾cont.﴿: Ensure that each LEA provides an adequate number of high‐quality

academic tutoring options to provide meaningful choice to parents ﴾if the LEA elects to offer tutoring﴿;

Develop procedures for monitoring the quality of services provided; and

Establish and implement clear criteria for removal if the provider is unsuccessful ﴾including removal﴿.


ELIGIBLE SCHOOL ATTENDANCE AREAS SEC. 1113


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RANKING AND SERVING SEC. 1113﴾A﴿﴾3﴿

Must Rank First and Serve Exceeding 75% poverty

Strictly by poverty Without regard to grade span ﴾NEW﴿ May include high schools 50% or above poverty.

Then Rank and Serve At or below 75% poverty

May rank by grade span

Serve strictly in order of rank!17BRUSTEIN & MANASEVIT, PLLC © 2016. ALL RIGHTS RESERVED.

TARGETED ASSISTANCE SCHOOLSSEC. 1115﴾A﴿‐﴾B﴿

Must identify “Title I students” Students identified as failing or at risk of failing state standards

﴾some automatically eligible﴿

NOT – based on poverty!

﴾NEW﴿ In the past services had to be supplemental; however, the supplement not supplant rule has changed. Now, services must benefit eligible students.

Must ensure Title I funds are used to benefit identified students ﴾allocability and allowability of Title I funds﴿


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TARGETED ASSISTANCE PROGRAMSEC. 1115﴾B﴿

1. Determine which students will be served

2. Serve participating students by using resources to provide a “well‐rounded education”

3. Use methods and instructional strategies to strengthen the academic program of the school

Extended learning time, early intervening services, and schoolwide tiered model of behavioral problems ﴾Response to Intervention﴿

4. Coordinate with regular ed program

Preschool transition

5. Professional Development

6. Increase parental involvement

7. Coordinate other federal, state, and local services and programs 19


SCHOOLWIDE REQUIREMENTSSEC. 1114﴾A﴿﴾1﴿‐﴾2﴿

Consolidate and use funds, together with other federal, state, and local funds to upgrade the entire educational program of a school

Pre‐requisite: 40% poverty

﴾NEW﴿ State may waive ﴾previously waivable only by the Secretary, Secretary may still waive under Sec. 8401﴿.

Not required to identify:

Eligible students; or

Individual services as supplemental.


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SCHOOLWIDE PROGRAM PLANSEC. 1114﴾B﴿

Combines components and elements of prior requirements.

1. Developed during 1 year period ﴾ LEA can determine less time is needed﴿;

2. Existing schoolwide may continue but must amend plan

3. Developed with involvement or parents and other members of the community ﴾teachers, principals, school leaders, paraprofessionals, etc.﴿;

4. Remains in effect but shall be regularly monitored and revised as necessary based on student needs;

5. Is available to the public in an understandable format and, to the extent practicable, in a language parents can understand;


SCHOOLWIDE PROGRAM PLAN ﴾CONT.﴿SEC. 1114﴾B﴿

5. Is developed in coordination with other Federal, State and local services, resources and programs;

6. Is based on a comprehensive needs assessment; and

7. Includes strategies to address school needs, including

‐ Provide a “well‐rounded education”;

‐ Counseling, school based mental health;

‐ Post‐secondary and workforce preparation including career and technical education;

‐ Includes any consolidation of funds; etc.

‐ Schoolwide tiered model –behavior and EIS


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SCHOOLWIDE USE OF FUNDSSEC. 1114﴾C﴿ AND ﴾E﴿

﴾NEW﴿ SW funds may be used for: Preschool Programs; and Dual or Concurrent Enrollment:

Training for teachers; Professional Development; Tuition and fees, books, required instructional materials, innovative

delivery methods; and Transportation.

﴾NEW﴿ Services may be delivered by non‐profit or for profit third party servicers.


COMPREHENSIVE SUPPORT AND IMPROVEMENTSEC. 1111


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IDENTIFICATION OF SCHOOLSSEC. 1111﴾C﴿﴾4﴿﴾D﴿

﴾NEW﴿ Two levels of improvement1. Targeted Support and Improvement2. Comprehensive Support and Improvement

No more specification of the 4 models Turnaround

Restart

Closure

Transformation


TARGETED SUPPORT AND IMPROVEMENTSEC. 1111﴾D﴿﴾2﴿

﴾NEW﴿ Every year, the SEA must:

Notify each LEA of any school in which any subgroup of students is consistently underperforming; and

Ensure the LEA provide notification to the school re: subgroup﴾s﴿ identification.

Applies to all public schools, not only Title I schools


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TARGETED SUPPORT AND IMPROVEMENT PLAN SEC. 111﴾D﴿﴾2﴿﴾B﴿

﴾NEW﴿ The school must ﴾in partnership with stakeholders﴿ develop and implement a targeted support and improvement plan for each identified school.

The plan must: Include information on student performance against all indicators;

Include evidence based interventions;

Be approved by the LEA prior to implementation; and

Identify resource inequities to be addressed through implementation if a subgroup, on its own, would lead to identification.


COMPREHENSIVE SUPPORT AND IMPROVEMENT 1111﴾C﴿﴾4﴿﴾D﴿

﴾NEW﴿ States must establish a methodology for identifying schools for comprehensive support that must include:1. At least the lowest performing 5% Title I schools;

2. All public high schools in the State failing to graduate 1/3 or more of their students; and

3. Title I schools in which any subgroup, on its own, would be identified as lowest‐performing 5% and has not improved in a number of years ﴾as defined by the State﴿.


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COMPREHENSIVE SUPPORT AND IMPROVEMENT PLAN SEC. 1111﴾D﴿

﴾NEW﴿ The LEA must ﴾in partnership with stakeholders﴿ develop and implement a comprehensive support and improvement plan for each identified school.

The plan must:

Include information on student performance against all indicators;

Include evidence based interventions;

Be based on school‐level needs assessment;

Identify resource inequities to be addressed through implementation; and

Be approved by the school, LEA and SEA. 29BRUSTEIN & MANASEVIT, PLLC © 2016. ALL RIGHTS RESERVED.

CONTINUED SUPPORT AND IMPROVEMENT SEC. 1111﴾D﴿﴾3﴿

﴾NEW﴿ The State must: Establish statewide exit criteria;

For schools identified for comprehensive support:

If exit criteria is not satisfied after a number of years ﴾not to exceed 4 years﴿ the State must apply more rigorous interventions;

such as the implementation of interventions ﴾which may include addressing school‐level operations﴿;


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CONTINUED SUPPORT AND IMPROVEMENT SEC. 1111﴾D﴿﴾3﴿

﴾NEW﴿ The State must ﴾cont.﴿: Establish statewide exit criteria;

For schools identified for targeted support: Title I schools: If the exit criteria is not satisfied after a number

of years ﴾determined by the State﴿ shall result in the identification of the school for comprehensive support.

Non‐Title I schools: ?? State discretion

The State must also periodically review resource allocation and provide technical assistance to LEAs serving significant identified schools


DISTRICT IMPROVEMENT?SEC. 1111﴾D﴿﴾3﴿﴾B﴿

Maybe. ﴾NEW﴿ The State may take action to initiate improvement in

any LEA with a significant number of schools: that are consistently identified for comprehensive support that do not

meet the exit criteria; or

identified for targeted support and improvement.

What could this include? Up to the SEA!


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SCHOOL IMPROVEMENT ALLOWABILITY

Available LEA‐level funds for improvement:■ Sec. 1003: ﴾Formula or competitive﴿

To implement comprehensive and targeted support and improvement activities.

Sec. 1003A ﴾optional﴿ LEA allowable expenditures may include:

High quality academic tutoring.

Academic/CTE coursework aligned to academic / industry standards;

Credit recovery; and

Post‐secondary instruction and examination costs, including Advance Placement and International Baccalaureate test fees 33


SCHOOL IMPROVEMENT ALLOWABILITY

Can school improvement funds be used on non‐Title I schools identified for comprehensive or targeted support?

If an LEA is identified for improvement could 1003 or 1003A funds be used for non‐Title I schools?


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IMPROVEMENT ACTIVITIES

School Support Teams ﴾Sec. 1003﴿ With LEA approval, SEAs can provide services directly through:

School support teams;

Educational service agencies; or

Nonprofit or for‐profit external providers with expertise in using evidence‐based strategies to improve student achievement, instruction, and schools.


IMPROVEMENT ACTIVITIES ﴾CONT.﴿

Public School Choice Sec. 1111﴾d﴿﴾1﴿﴾D﴿﴾NEW﴿ A LEA may provide all students enrolled in an identified school the option to transfer to another public school.

Priority given to lowest‐achieving children from low income families.

Remain in that school until he/she has completed the highest grade

LEA must provide sufficient number of options to provide a meaningful choice for parents.


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PUBLIC SCHOOL CHOICE FUNDING SEC. 1111﴾D﴿ AND 1003A﴾E﴿

﴾NEW﴿ 5% of Title I, A allocation for Public School Choice Transportation

OR

﴾NEW﴿ 1003﴾A﴿ funds may be used for school choice transportation only if the LEA does not reserve 5% for 1111﴾d﴿ transportation.


HIGH QUALITY ACADEMIC TUTORINGSEC. 1003A﴾C﴿﴾3﴿

LEA allowable expenditures may include:

High quality academic tutoring.

Academic/CTE coursework aligned to academic / industry standards;

Credit recovery; and

Post‐secondary instruction and examination costs, including Advance Placement and International Baccalaureate test fees


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LEA RESERVATION OF FUNDSSEC. 1113


LEA‐LEVEL SET‐ASIDESSEC. 1113﴾C﴿

Necessary and Reasonable Amount ﴾calculated before allowable expenditures and transfers﴿ Homeless Children and Youths

﴾NEW﴿ Use to apply only to homeless students in non‐participating Title I schools; however that language was removed.

Now, this set‐aside may be used for all homeless students.

Children in local institutions for neglected children

Children in local institutions for delinquent children and neglected or delinquent children in community day programs, if appropriate

Early childhood education programs 40


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LEA‐LEVEL SET‐ASIDES ﴾CONT.﴿

1% Parent and Family Engagement Sec. 1116﴾a﴿﴾3﴿ ﴾NEW﴿ 90% of that amount must go to schools.

Previously 95% Exception for LEA where 1% less than $5,000

﴾NEW﴿ 5% of Title I, A allocation for Public School Choice Transportation

5% Financial Incentives and Rewards Sec. 1113﴾c﴿﴾4﴿ To attract and retain qualified and effective teachers who

serve in schools identified for comprehensive and targeted support and improvement

Equitable Services for Participation of Children Enrolled in Private Schools Sec. 1117 41


FISCAL RULES SEC. 1118


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TITLE I, A SUPPLEMENT NOT SUPPLANT ﴾SNS﴿ SEC. 1118﴾B﴿﴾1﴿

Federal funds must be used to supplement and in no case supplant state, and local resources


PRIOR TITLE I, A SNS RULE

“What would have happened in the absence of the federal funds??”

3 Presumptions of Supplanting1. Required to be made available under other federal, state, or

local laws

2. Provided with non‐federal funds in prior year

3. Provided services to Title I students and the same services were provided to non‐Title I students using non‐federal funds.


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TITLE I, A SNS ﴾CONT.﴿SEC. 1118﴾B﴿﴾2﴿

﴾NEW﴿ To demonstrate compliance, the LEA shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that the school receives all the State and local funds it would otherwise receive if it were not receiving Title I funds.

Similar to prior SW standard



﴾NEW﴿ No LEA shall be required to:

Identify individual costs or services as supplemental; or

Provide services through a particular instructional method or in a particular instructional setting to demonstrate compliance.


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﴾NEW﴿ The Secretary may not prescribe the specific methodology a LEA uses to allocate State and local funds to each Title I school.



﴾NEW﴿ Timeline

Not in effect until July 1, 2017 ﴾per Omnibus﴿

Shall meet the compliance requirement no later than 2 years after enactment of ESSA; and Enactment was December 10, 2015; so 2 years is

December 10, 2017.

May demonstrate compliance before the end of the 2 year period using prior SNS test.


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FEDERAL REGISTER NOTICEFEBRUARY 4, 2016

Regulatory Issues re: Supplement Not Supplant1. Prepare proposed regulations that would update existing assessment

regulations, including:

The methodology a LEA uses to allocate State and local funds to each title I school to ensure compliance with the supplement not supplant requirement; and

The timeline for compliance.

BRUSTEIN & MANASEVIT, PLLC © 2016. ALL RIGHTS RESERVED. 49

ESSA SNS ISSUE PAPER FOR NEGOTIATED RULEMAKING CMTE, MARCH 2016

What does it mean to “ensure that a Title I school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part”?

What does it mean to have a “methodology for allocating State and local funds” in a district that allocates resources such as staff positions instead of dollars?

Should there be flexibility for small schools or allow for different allocations among grade spans?


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ESSA SNS ISSUE PAPER FOR NEGOTIATED RULEMAKING CMTE, MARCH 2016 ﴾CONT.﴿

How should the new emphasis on allocation of funds apply to State and local funds retained at the district level?

What does it mean to meet this requirement two years after the date of enactment, when the date of enactment is in the middle of a school year?

Does a district need additional time to meaningfully implement a methodology that meets the statutory requirement?

What enforcement action must a State take if it finds that a district has not complied with the requirement? What corrective actions should the district have to take?


SNS PROPOSED REGULATORY LANGUAGE, APRIL 2016

The proposed methodology used by an LEA must:

Result in the LEA spending an amount of State and local funds per pupil in each Title I school that is equal to or greater than the average spent per pupil in non‐Title I schools as reported under LEA report card.

Allocate an amount of State and local funds that is sufficient to enable each Title I school to provide:

Basic educational program as defined under State or local law

Including services required by law for students with disabilities and EL students.


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SNS PROPOSED REGULATORY LANGUAGE, APRIL 2016

Districtwide costs or services must be provided to Title I schools in a manner that is at least equal to or greater than the share received by non‐Title I schools.

Compliance may be met district‐wide or on a grade‐span basis

Single‐school LEAs or single schools within a grade span need not comply

Exclusions: Schools with fewer than 100 students

Title I like funding

Timeline: Must meet to submit a plan to meet these requirements by Dec. 10, 2017.

Prior rule may be used until 2018‐2019 or 2019‐202


COMPARABILITYSEC. 1118﴾C﴿

ESSA makes No Change! An LEA may receive Title I Part A funds only if it uses state and

local funds to provide services in Title I schools that, taken as a whole, are at least comparable to the services provided in non‐Title I schools.

Student/ instructional staff ratios;

Student/ instructional staff salary ratios;

Expenditures per pupil; or

A resource allocation plan based on student characteristics such as poverty, LEP, disability, etc. ﴾i.e., by formula﴿

If all are Title I schools, all must be “substantially comparable.” 54


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SEA/LEA REPORT CARDSSEC. 1111﴾H﴿

Must be prepared and disseminated every year at State and local levels

Expanded list includes:

﴾NEW﴿ Per‐pupil expenditures for federal, State, and local funds

Will this become the new comparability??


TITLE IV, ASTATE INNOVATION AND LOCAL FLEXIBILITY


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STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTSTITLE IV, A

New block grant‐type program

Formula granted to States based on share of Title IA State may reserve up to 1% for administration, 4% for State activities

Subgranted to LEAs based on share of Title IA LEA may spend up to 2% on administration

LEAs must spend:

At least 20% of funds on at least one “well‐rounded educational opportunities” activity

At least 20% on at least on “safe and healthy students” activity

Some portion funds to support effective use of technology ﴾no more than 15% on technology infrastructure﴿


STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS ﴾CONT.﴿

“Well‐rounded educational opportunities” activities include ﴾Sec. 4107﴿: Career and college counseling/guidance

Arts and music programs that promote problem solving and conflict resolution

STEM programming and activities

Accelerated learning

History, civics, economics, geography, foreign language, and environmental education

Community involvement


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“Safe and Healthy Students” activities include ﴾Sec. 4108﴿:

Drug and violence prevention

School‐based mental health services

Health and safety practices in school/athletics

Physical/nutrition education

Bullying and harassment prevention

relationship‐building schools

Dropout prevention and re‐entry

Training for school personnel in drug, violence, trafficking, and trauma



“Effective use of technology” may include ﴾Sec. 4109﴿: Professional learning tools, technology, devices, and content

for adaptive learning programs

Building technological capacity

Developing strategies for use of digital learning technologies

Blended learning projects

Professional development

Remote access for students in rural/remote/ underserved areas


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SUPPLEMENT NOT SUPPLANTSEC. 4110

Funds made available under this subpart shall be used to

supplement, and not supplant, non‐Federal funds that would

otherwise be used for activities authorized under this

subpart.


NOTABLE CHANGES INREMAINING TITLES V‐IX


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TITLE V – TRANSFERABILITYSEC. 5103

Now allows SEAs or LEAs to transfer all of their fundsunder Title IIA, Title IVA, or Sec. 4204﴾c﴿﴾3﴿ between those provisions, and into ﴾but not out of﴿ Title I Parts A, C or D, Title IIIA, or Title VB.


MAINTENANCE OF EFFORT ﴾MOE﴿SEC. 1118﴾A﴿ AND 8521

The combined fiscal effort per student or the aggregate expenditures of the LEA

from state and local funds

from preceding year must not be less than 90% of the second preceding year.


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MOE CONSEQUENCESSEC. 8521﴾B﴿

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SEA must reduce amount of allocation in the exact proportion by which LEA fails to maintain effort below 90%.

Calculate using total expenditures and per pupil

The amount of the reduction would be the lesser penalty of the two calculations.


MOE CONSEQUENCES ﴾CONT.﴿SEC. 8521﴾B﴿

﴾NEW﴿ LEA is not subject to sanctions for failing to maintain 90% effort for one year ﴾either combined fiscal per student or aggregate State and agency expenditures﴿ provided it has not failed to meet MOE for one or more of five immediately preceding fiscal years.


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MOE WAIVER SEC. 8521﴾C﴿

Secretary of Education may waive MOE if “equitable”:

Exceptional or uncontrollable circumstances, such as a natural disaster; or

﴾NEW﴿ a change in the organizational structure of the LEA; or

A precipitous decline in the financial resources of the LEA.


WHAT’S NEXT?


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REGULATIONS

ED held a public meeting on 1/11 ﴾DC﴿ and 1/19 ﴾Los Angeles﴿

Soliciting input on where regulations are needed

Negotiated rulemaking is required on several issues:

Supplement‐not‐Supplant

Standards, assessments, and accountability

USDE stated there would be no other regulations in 2016! ﴾April 2016﴿


ED RESOURCES

New ED webpage! http://www.ed.gov/essa Dear Colleague letters, links to Federal Register notices, FAQs, etc. Can sign up for news on ESSA ED email address: [email protected]

Transition Letters, available at: http://www.ed.gov/essa 12/18/15 Dear Colleague Letter on Transition 12/22/15 Letter on Assessment Participation 1/28/16 Dear Colleague on Transition 2/26/16 FAQs Document

Negotiated Rulemaking Documents, available at: http://www2.ed.gov/policy/elsec/leg/essa/session.html 70


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QUESTIONS?

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