Title I, Part D, Subpart 2

Overview | Purpose | Grant Application and Requirements | Annual Program Evaluation | Use of Funds | Supplement, not Supplant | Policy and Regulation | Governance and Accountability | Sample Templates and Resources | Technical Assistance and Contacts

Overview

Each local educational agency (LEA) receiving assistance under Title I, Part D, Subpart 2, submits to the state educational agency (SEA) a description of how participating schools will coordinate with facilities working with delinquent children and youth to ensure that such children and youth are participating in an education program comparable to one operating in the local school such youth would attend (the Every Student Succeeds Act [ESSA] Section 1423[3]).

Each State shall retain, for the purpose of carrying out Subpart 2, funds generated throughout the State under Title I, Part A based on children and youth residing in local correctional facilities or attending community day programs for delinquent children and youth (ESSA Section 1402[b]).

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Purpose

The purpose of Subpart 2 is to support the operation of LEA programs that involve collaboration with locally operated correctional facilities (ESSA Section 1421):

• To carry out high quality education programs to prepare children and youth for secondary school completion, training, employment, or further education;
• To provide activities to facilitate the transition of such children and youth from the correctional program to further education or employment;
• To operate programs in local schools for children and youth returning from correctional facilities, and programs which may serve at-risk children and youth.

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Grant Application and Requirements

ESSA Section 1425 states that each LEA receiving assistance with an allocation of Title I, Part D funds, shall submit an application to the SEA that contains such information as the SEA may require.

Each application shall include:

1. A description of the program to be assisted;
2. A description of formal agreements, regarding the program to be assisted, between:
   1. The LEA; and
   2. Correctional facilities and alternative school programs serving children and youth involved with the juvenile justice system, including such facilities operated by the Secretary of the Interior and Indian tribes.
3. As appropriate, a description of how participating schools will coordinate with facilities working with delinquent children and youth to ensure that such children and youth are participating in an education program comparable to one operating in the local school such youth would attend;
4. A description of the program operated by participating schools to facilitate the successful transition of children and youth returning from correctional facilities and, as appropriate, the types of services that such schools will provide such children and youth and other at-risk children and youth;
5. A description of the characteristics (including learning difficulties, substance abuse problems, and other special needs) of the children and youth who will be returning from correctional facilities and, as appropriate, other at-risk children and youth expected to be served by the program, and a description of how the school will coordinate existing educational programs to meet the unique educational needs of such children and youth;
6. As appropriate, a description of how schools will coordinate with existing social, health, and other services to meet the needs of students returning from correctional facilities, at-risk children or youth, and other participating children or youth, including prenatal health care and nutrition services related to the health of the parent and the child or youth, parenting and child development classes, child care, targeted reentry and outreach programs, referrals to community resources, and scheduling flexibility;
7. As appropriate, a description of any partnerships with institutions of higher education or local businesses to facilitate postsecondary and workforce success for children and youth returning from correctional facilities, such as through participation in credit-bearing coursework while in secondary school, enrollment in postsecondary education, participation in career and technical education programming, and mentoring services for participating students;
8. As appropriate, a description of how the program will involve parents and family members in efforts to improve the educational achievement of their children, assist in dropout prevention activities, and prevent the involvement of their children in delinquent activities;
9. A description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under Title I of the Workforce Innovation and Opportunity Act and career and technical education programs serving at-risk children and youth;
10. A description of how the program will be coordinated with programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs, if applicable;
11. As appropriate, description of how schools will work with probation officers to assist in meeting the needs of children and youth returning from correction facilities;
12. A description of the efforts participating schools will make to ensure correctional facilities working with children and youth are aware of a child’s or youth’s existing individualized education program; and
13. As appropriate, a description of the steps participating schools will take to find alternative placements for children and youth interested in continuing their education but unable to participate in a traditional public-school program.

All Title I, Part D grant recipients are required to submit the Annual Application via a snap survey for Children and youth in Institutions for Neglected or Delinquent (NorD) Children, Adult Correctional Institutions, and Community Day Programs for NorD Children. Including sending current Memorandums of Understanding, contracts, and/or formal agreements with partnership facilities or agencies.

All LEAs seeking funding must submit annual student count by eligible facility to the California Department of Education (CDE) for the purpose of providing the U.S. Department of Education (ED) with required student count data. Student count data is used by ED in the computation of grants to LEAs and State Agencies (SAs) responsible for providing free public education for children in institutions or Community Day Programs for NorD Children.

LEAs will receive the Annual Student Count forms and instructions from the CDE An email will be sent with instructions and due date to submit the Annual Student Counts for NorD students. If you have additional questions or need further assistance, contact Sherry D. Davis, Ed.D. at SDavis@cde.ca.gov in the Title I Policy, Program, and Support Office.

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Annual Program Evaluation

Title I, Part D grant recipients are required to submit the Annual Program Evaluation Report of Children in Institutions for NorD Children, Adult Correctional Institutions, and Community Day Programs for NorD Children. This is a requirement of the ESSA Section 1431 for both Title I, Part D, Subparts 1 and 2 grantees to be sent to the CDE for review.

In ESSA Section 1431 (20 United States Code [U.S.C.] 6471) each SA and LEA that conducts a program under subparts 1 or 2 shall evaluate their program by disaggregating data on participation of students by gender, race, ethnicity, and age while protecting individual student privacy, no less than every three years.

The CDE is making this an annual program evaluation using the three-year historical data reported to the CDE to determine the programs impact on the ability of the participants to:

1. Maintain and improve educational achievement and to graduate from high school in the number of years established by the State under either the four-year adjusted cohort graduation rate or the extended year adjusted cohort graduation rate, if applicable;
2. Accrue school credits that meet State requirements for grade promotion and high school graduation;
3. Make the transition to a regular program or other educational program operated by a LEA or school operated or funded by the Bureau of Indian Education;
4. Complete high school (or high school equivalency requirements) and obtain employment after leaving the correctional facility or institution for neglected or delinquent children and youth; and
5. As appropriate, to participate in postsecondary education and job training programs.

Evaluations will be emailed to the CDE annually for review and evaluate the results of this section and plan to improve, enhance and expand opportunities for the students served in the neglected or delinquent eligible programs, facilities, or institutions. The template can be found on the sample templates and resources tab.

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Use of Funds

20 U.S.C. Section 6454

1. Funds provided to LEAs under this subpart may be used, as appropriate for:
   1. Programs that serve children and youth returning to local schools from correctional facilities, to assist in the transition of such children and youth to the school environment and help them remain in school in order to complete their education;
   2. Dropout prevention programs which serve at-risk children and youth;
   3. The coordination of health and social services for such individuals if there is a likelihood that the provision of such services, including day care, drug and alcohol counseling, and mental health services, will improve the likelihood such individuals will complete their education;
   4. Special programs to meet the unique academic needs of participating children and youth, including career and technical education, special education, career counseling, curriculum-based youth entrepreneurship education, and assistance in securing student loans or grants for postsecondary education;
   5. Programs providing mentoring and peer mediation;
   6. Programs for at-risk Indian children and youth, including such children and youth in correctional facilities in the area served by the LEA that are operated by the Secretary of Interior or Indian tribes; and
   7. Pay for success initiatives.
2. LEAs may use a subgrant received under this subpart to carry out the activities described under paragraph 1 through 7 of subsection a directly or through subgrants, contracts, or cooperative agreements.

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Supplement, not Supplant

Title I, Part D, Subpart 1, and Subpart 2 funds are supplemental funds and, as such, supplanting these funds is not allowed. Further, since the funds received from the LEAs under Title I, Part D, Subpart 2, originate from Part A funds (ESSA Section 1402[b]), the funds are subject to the supplement requirements as set forth in ESSA Section 1120A(b)(1) because they are received “under this part” (i.e., they are derived from Part A funds).

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Policy and Regulation

Programs Operated by LEAs

20 U.S.C. Section 6452

Local subgrants that are made available under Section 6422(b) of this Title by the SEA to LEAs with high numbers or percentages of children and youth residing in locally operated (including county operated) correctional facilities for children and youth (including facilities involved in community day programs).

LEAs that serve schools operate by a correctional facility is not required to operate a program of support for children and youth returning from such school that is not operated by a correctional agency but served by such LEA, if more than 30 percent of the children and youth attending the school operated by the correctional facility will reside outside the boundaries served by the LEA after leaving such facility.

Transitional, academic services, and supportive programs operated in an LEA under this subpart shall be designed primarily to meet the transitional and academic needs of students returning to LEAs or alternative education programs from correctional facilities. Services to students at-risk of dropping out of school shall not have a negative impact on meeting such transitional and academic needs of the students returning from correctional facilities.

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Governance and Accountability

The CDE is required by federal and state laws to monitor implementation of Title I, Part D programs by County Offices of Education (COEs) and SAs. COEs and SAs are responsible for creating and maintaining programs which meet minimum fiscal and programmatic requirements.

Compliance Monitoring

Compliance Monitoring
General information on federal and state laws that require the CDE to monitor implementation of categorical programs operated by COEs and SAs. Monitoring tools, selection criteria, training, and other resources can be found here.

COEs selected for Reviews for the upcoming school year:

• The reviews for 2023−24 will be posted to this page once the Federal Program Monitoring Office has sent a notification.

NorD Monitoring Instrument

The NorD Program Monitoring Instrument is inclusive of Title I, Part D, Subpart 2 Federal and State legal requirements organized into statutory core items and supporting items arranged under five general CDE dimensions. During monitoring reviews, the NorD program instrument is used to determine whether a COE is meeting the requirements of the program items during the CDE Federal Program Monitoring process.

• NorD Instrument 2023−24, effective 01-Jul-2023. To request a copy of the presentation, email Sherry D. Davis, Ed.D. at SDavis@cde.ca.gov after July 1, 2023.
• Title I, Part D Program Monitoring Training Presentation, effective 01-Aug-2023. To request a copy of the presentation, email Sherry D. Davis, Ed.D. at SDavis@cde.ca.gov after August 1, 2023.

Funding Results

Current and past funding results for LEAs and COEs with Title I, Parts A & D are posted on the following CDE web pages:

Title I, Parts A and D
A federal program to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach proficiency on State academic achievement standards and academic assessments.

Title I, Part D, Subpart 2 Funding Description
The CDE operates a large number of programs that provide funds to schools and other organizations for a variety of educational purposes.

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Sample Templates and Resources

The CDE has designed sample templates that meet the minimum compliance requirements with the following for LEAs and SAs to use or guide them while making their own templates for use of Federal funds with Historical Equipment Inventory, and Year-to-Year Program Evaluation Reports.

To request a copy of the Template and/or Evaluation below, email Sherry D. Davis, Ed.D. at SDavis@cde.ca.gov.

• Historical NorD Inventory Template (XLSX)
  This is a template that LEAs and SAs can use to upload for this instrument review item that has all the Federal and State regulations that must be continuously updated and verified for all categorically funded equipment.
• Year-to-Year Program Evaluation. This is a template (XLSX) that LEAs and SAs should use to conduct their three-year program evaluation, using the annual data reported to the CDE on data reported in the Consolidated Application and Reporting System (CARS/ConApp) System for Students Served, Facilities, Academic Performance and Outcomes for the students being served with Title I, Part D funds.

ESSA Title I Part D — Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk
ED Office of Elementary and Secondary Education guidance for Title I, Part D.

Federal Non-Regulatory Guidance (DOC)
The guidance describes the requirements of the Subpart 1 SA and Subpart 2 LEA programs and the evaluation requirements in Subpart 3. The guidance also provides suggestions for addressing many of these requirements.

Use of Funds for Transition Services Guidance. National Technical Assistance Center for The Education of Neglected or Delinquent Children & Youth (NDTAC). To request a copy of the PDF, email Sherry D. Davis, Ed.D. at SDavis@cde.ca.gov.

Definitions of Title I, Part D Neglected, Delinquent, and At-Risk Programs. NorD program definitions as outlined by ED have recently updated and a copy of the PDF can be requested by sending an email to Sherry D. Davis, Ed.D. at SDavis@cde.ca.gov.

What is Title I, Part D?
The Title I, Part D, program (also called The Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent or At Risk) was most recently reauthorized under the Elementary and Secondary Education Act, as amended in 2015.

NDTAC
NDTAC is the national technical assistance provider to States and those who support or provide education to youth who are neglected or delinquent.

Office of Justice Programs
Established to support local and state efforts to prevent and respond to youth delinquency and protect children.

Coordinating Council
An independent organization in the executive branch of the Federal Government to coordinate federal programs related to delinquency, unaccompanied juveniles, and missing and exploited children.

Guide to the Family Educational Rights and Privacy Act and Participation in Juvenile Justice Programs (PDF)
The Office of Juvenile Justice and Delinquency Prevention is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of Justice, and the Office for Victims of Crime (June 1997).

Youth Law Center
Advocates to transform foster care and juvenile justice systems across the nation so every child and youth can thrive.

California Board of State and Community Corrections (BSCC)
The BSCC provides services to the county adult and juvenile systems through inspections of county jails and juvenile detention facilities, technical assistance on local issues, promulgation of regulations, training standards for local correctional staff, and the administration of a wide range of public safety, re-entry, violence reduction, and rehabilitative grants to state and local governments and community-based organizations.

Rising Scholars Network
The California Community Colleges are committed to serving students who have been impacted by the criminal justice system. Colleges supporting these students proudly form the Rising Scholars Network. Students who have experienced the criminal justice system can face significant barriers to academic and career success. The California Community Colleges welcome all students, including those who are incarcerated and those who have experienced incarceration in the past. Colleges with programs for incarcerated and formerly incarcerated students proudly form the Rising Scholars Network.

California County Superintendents (CCS). CCS was formed to promote, influence, and advocate for an educational system that supports all students.

Juvenile Court, Community, and Alternative School Administrators of California (JCCASAC). JCCASAC is a committee of educational administrators and directors dedicated to preparing students who are enrolled in county alternative education programs to become self-sufficient adults who lead healthy lifestyles, and are competent, caring, and academically prepared for their future.

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Technical Assistance and Contacts

Questions about Title I, Part D Subparts 1 and 2 Technical Assistance, Compliance, Grant Programs, and email communication:
Sherry D. Davis, Ed.D., Education Programs Consultant, SDavis@cde.ca.gov.

ConApp/CARS Support:
ConApp Support Desk, 916-319-0297 or conappsupport@cde.ca.gov.

School Fiscal Services (Allocations) assistance:
CAAR@cde.ca.gov.

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