Federal Programs Update

1. Federal ProgramsUpdate MASS/Alliance Winter Conference 2013 Wednesday, January 30

2. Agenda • Welcome and Introductions • Updates from National Title I Conference • English Learners • Upcoming Events • Data Reporting: CSPR • Common Monitoring Findings • SharePoint • Questions

3. Updates from National Title I Conference • Sequestration/Fiscal Cliff: Quick Facts from BruMan • Reauthorization: Come hear Rich Long next Thursday in Oxford • Best Practices: Academic, Behavior, and Culture – Opportunities to Share

4. ELs and Civil Rights • An Office of Civil Rights (OCR) document sets the foundation for the provision of services to English Learner (EL) students. • The OCR document titled “The Provision of an Equal Education Opportunity to Limited-English Proficient Students” includes five points related to procedures that should be used by LEAs to ensure that their programs are serving EL students effectively. (http://www.ed.gov/about/offices/list/ocr/eeolep/index.html).

5. ELs and Civil Rights • Five Points from OCR • identify students who need assistance • develop a program which, in the view of experts in the field, has a reasonable chance for success • ensure that necessary staff, curricular materials, and facilities are in place and used properly • develop appropriate evaluation standards, including program exit criteria, for measuring the progress of students • assess the success of the program and modify it where needed

6. How to document your Core EL program • In your state’s consolidated grant application there should be a place to include GEPA information related to your district’s EL plan. • Use this place to report your district/school Core EL plan. • This could be lengthy if each school has a different type of program used for serving ELs. • You may not use Title I or Title III funds for programs reported in your GEPA Core EL plan.

7. Intersection ofTitle I and Title III • Title I and Title III are linked in the following significant ways: • Title III requires that States establish English language proficiency standards that align with the content standards required under Title I. • Title I and Title III both require annual assessments of English language proficiency (Title I for all EL students). • Student achievement data must be disaggregated for the EL subgroup for adequate yearly progress (AYP) determinations. • AYP for the EL subgroup = AMAO #3 one of the annual measurable achievement objectives (AMAOs) under Title III. • Strategies used to improve achievement under both Title I and Title III need to be comprehensive and coordinated in order to ensure that they address the needs of EL students.

8. Intersection of Title I and Title III • Title I and Title III programs share the following administrative processes: • Title I and Title III State formula grant awards are both processed and distributed by the US Department of Education’s Office of Elementary and Secondary Education (OESE). • States submit a Consolidated Application for both Title I and Title III State formula grant programs. • States report their Title I and Title III data to OESE as part of their Consolidated State Performance Reports (CSPRs) each year. From USDE Q&A, June 9, 2008

9. Intersection of Title I and Title III • Other similarities: • Anything funded with either Title I or Title III money must be supplemental to the school’s Core EL program. • Title I and Title III both require that supplemental programs need be “research based” or come from “scientifically based research.” So EL programs funded by Title I would need to meet this criteria. • Former ELs, students who were ELs but who have attained English proficiency and have been placed in monitor status for the two years after attaining English proficiency, may be included in AYP calculations for the EL subgroup.

10. Supplement not Supplant Improper use of Title I and Title III Funds

11. Supplemental = in addition to Appropriate use of Title I Funds for ELs

12. Appropriate use of Title I Funds for ELs • Title I funds can be used to pay for any ‘research based’ EL programs, but: • These programs must not be part of the district’s “core” EL program; • These programs can only be implemented using Title I funds in Title I funded schools; and • These programs can be the same as Title III programs, but they have to follow all the Title I regulations, be supplemental, and if implemented district wide, the amount of Title I funding cannot exceed the proportion of funding based on the # of ELs in Title I schools vs. non-Title I schools.

13. Appropriate use of Title I Funds for ELs • Examples of acceptable programs in Title III and Title I • Providing programs that increase the English proficiency levels and result in increased English language proficiency (ELP) and student academic achievement in the core academic subjects • Providing high-quality professional development to classroom teachers that is designed to improve the instruction and assessment of EL students, enhance the ability of teachers to understand the use of curricula, assessment measures, and instructional strategies • Upgrading program objectives and effective instructional strategies • Improving the instruction materials, education software, and assessment procedures.

14. Appropriate use of Title I Funds for ELs • Examples of acceptable programs in Title III and Title I • Providing tutorials and academic or vocational education for EL students and intensified instruction • Developing and implementing elementary or secondary school instructional educational programs that are coordinated with other relevant programs and services • Improving the ELP and academic achievement of EL students • Providing community participation programs, family literacy services, and parent outreach and training activities to EL students and their families • Improving the instruction of EL students by providing for the acquisition or development of educational technology or instructional materials, and/or access to and participation in electronic networks for materials, training, and communication, and/or incorporation of resources into curricular and programs.

15. Funding Staff for ELs • This is an area where there have been a lot of findings during monitoring visits. • If you want to use Title I funds to hire staff to provide services to your ELs, there are some things that you need to know: • The services provided by this staff must be supplemental to your Core EL program. (They cannot provide core EL services.) • The job description for this staff must be different than the job description of other staff serving ELs. In other words, you cannot use Title I funds to hire EL staff that are the equivalent of class size reduction.

16. Upcoming Events • February 7-8: Mississippi’s 3rd Annual Brustein & Manasevit Conference, Oxford (www.mde.k12.ms.us/RESA) • February 18-March 6: MS SOARS Follow-up Training, Regional (Go Sign Me Up: gsmu.mde.k12.ms.us) • March 18-19: FY14 CFPA Training, Pearl (RESA) • April 7-9: MASA Spring Conference, Jackson (msasa.org) • April TBD: 21st CCLC Institutes, Regional (RESA) • June 16-18: MAFEPD Summer Conference, Jackson • July 7-12: MASS Summer Conference (www.superintendents.ms)

17. Data Reporting: CSPR • February Submission, Due February 1, 2013 • Homeless • Neglected and Delinquent • Migrant • Title III • MSIS Handbook for Federal Program Directors (forthcoming guide through the MSIS Screens specific to Federal Programs)

18. Common Monitoring Findings • Time and Effort: A Preview • It is not possible to work on a single cost objective if an employee is paid out of multiple funding sources (i.e. Title I, A and state funds). True or False? • A district administrator working approximately half time on NCLB Title I, Part A, and half on non-federal activities, but paid 100% from Title I, Part A is required to keep A. Monthly PARs, B. Semi-annual certifications, or C. Bail money on hand.

19. Common Monitoring Findings • Time and Effort: OMB Circular A-87 • Compensation for Personnel Services: • If federal funds used for salaries, then time distribution records are required. • If employee paid with federal funds, then employee must demonstrate working on that specific federal program/cost objective. • What is a “cost objective”? • A-87 Definition: A function, organizational subdivision, contract, grant or other cost activity for which cost data are needed and for which costs are incurred.

20. Common Monitoring Findings • Time and Effort: OMB Circular A-87 • Who must participate? • Any employee who is working on a federal program • Not contractors • All employees paid with federal funds • Some employees paid with non-federal funds

21. Common Monitoring Findings • Time and Effort: OMB Circular A-87 • If employee works 100% on single cost objective, use Semi-Annual Certification • Completed at least every six months • Signed by a supervisor with knowledge or the employee • After-the-fact record (dated) • Accounts for the total activity for which employee compensated • Must coincide with one or more pay periods • Example: This is to certify that Debbie Murphy has worked 100% of her time for the period July 1, 2012, through December 31, 2012, on Title I Admin. Signature of employee: /s/ Date: January 5, 2013

22. Common Monitoring Findings • Time and Effort: OMB Circular A-87 • If employee works on multiple cost objectives, use Personnel Activity Reports. • After-the-fact record (dated) • Accounts for the total activity for which employee compensated • At least monthly (unless substitute system) • Signed by the employee • Must coincide with one or more pay periods • Example: For the month of August 2012, I, Debbie Murphy, spent my time 50% on Title I Program Services and 50% on non-federal programs. Signature of Employee: /s/ Date: September 1, 2012

23. Common Monitoring Findings • Approved Budget Alignment • EDGAR 80.20: Standards for Financial Management Systems • State Accounting Manual: http://www.mde.k12.ms.us/school-financial-services/accounting-manual-for-mps-districts • Excluded Parties List System: EPLS (sam.gov) • Statutory Requirement found in EDGAR 85.140 • EDGAR 85 Appendix (page 186): specifies for contracts greater than or equal to $25,000

24. Common Monitoring Findings • Supplement, not Supplant (SNS) • Supplanting presumptions occur when a district uses Title I funds to provide services— • required under Federal, State, or local law; • provided with non-Federal funds in the prior year(s); or • for children participating in a Title I program that are provided with non-Federal funds to children not participating in Title I. • Meet state requirements first • Clarification: Federal law does not supersede state law. • OMB A-87, Appendix A.C.1.c: “Not prohibited under state or local laws or regulations”—Title I CANNOT buy things prohibited by state or local laws/regulations.

25. Common Monitoring Findings • Supplement, not Supplant (SNS) • How do I know what is prohibited by state or local laws or regulations? • Mississippi Code (State Law) • (Lexis Nexis): http://www.lexisnexis.com/hottopics/mscode/ • State Purchasing Law Summary: http://www.osa.ms.gov/downloads/purchase-law-update12.pdf) • State Accounting Manual: http://www.mde.k12.ms.us/school-financial-services/accounting-manual-for-mps-districts • MS State Accreditation Standards: http://www.mde.k12.ms.us/accreditation/accreditation-accountability-standards • MS Public School Asset Management Manual (State Auditor’s Office): http://www.osa.state.ms.us/documents/property/PublicSchMan08.pdf • MS Attorney General Opinions • State and Local Board Policy Manuals • Other Sources (This is not an all-inclusive list.)

26. Common Monitoring Findings • SNS Example: State law allows for teacher incentives, under NCLB (37-7-301.mm) as well as student incentives (37-7-301.s; AG Opinion 2000-0816). • However, state law may be further limited by other written regulations (e.g., standards, policy manuals). • According to the OSA’s Asset Manual, all computer property items “equal to or greater than $250” must be on fixed asset inventory. If on inventory, must be tagged and cannot be given away as an incentive.

27. Common Monitoring Findings • Example: Accreditation Standard 34.2 requires one teacher for every 27 students in fourth grade. Therefore, if the school has 28 fourth grade students, then the school must have two teachers funded before using federal funds for teacher salaries in that grade. • Calculator available on OFP SharePoint.

28. Common Monitoring Findings • Example: SBE Policy 4300 on Intervention Policy requires three tier model, progress monitoring, and Teacher Support Team. (http://www.mde.k12.ms.us/mississippi-board-of-education/board-of-education-policy-manual/policy-4300-intervention) • Meeting the requirements of 4300 are part of the minimum program. To pay for the required activities with federal funding is supplanting. The school may provide additional, supplemental support to the process with federal funds. • Clearly document the minimum program activities.

29. SharePoint • NEW! Federal Programs Public Documents • OFP will post all documents that districts and schools need in a logical format so users will not need to dig on the website. • Input from users needed to make it the best it can be.

30. Questions??? Debbie Murphy, Bureau Manager dmurphy@mde.k12.ms.us Marcus Cheeks, Bureau Director mcheeks@mde.k12.ms.us Staci Curry, Office Director scurry@mde.k12.ms.us 601/359-3499 THANKS!!!