[Federal Register Volume 60, Number 183 (Thursday, September 21, 1995)]
[Notices]
[Pages 49174-49176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23471]
[[Page 49173]]
_______________________________________________________________________
Part XIII
Department of Education
_______________________________________________________________________
Part A of Title I of the Elementary and Secondary Education Act of
1965, as Amended; Notice
Federal Register / Vol. 60, No. 183 / Thursday, September 21, 1995 /
Notices
[[Page 49174]]
DEPARTMENT OF EDUCATION
Part A of Title I of the Elementary and Secondary Education Act
of 1965, as amended
AGENCY: Department of Education.
ACTION: Notice exempting schoolwide programs under Part A of Title I of
the Elementary and Secondary Education Act of 1965 (ESEA), as amended,
from statutory or regulatory requirements of other Federal education
programs.
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SUMMARY: The U.S. Secretary of Education (the Secretary) exempts
schoolwide programs under Part A of Title I, ESEA, from complying with
statutory or regulatory provisions of most Federal education programs,
if the intent and purposes of those programs are met in the schoolwide
program. This notice complements the final Title I regulations that
were published in the Federal Register on July 3, 1995 (60 FR 34800).
Those final regulations explain schoolwide programs in greater detail,
including eligibility requirements and program components. This notice
identifies which Federal education program funds and services may be
incorporated in a schoolwide program and provides guidance on
satisfying the intent and purposes of the programs included.
FOR FURTHER INFORMATION CONTACT: Mary Jean LeTendre, Director,
Compensatory Education Programs, Office of Elementary and Secondary
Education, U.S. Department of Education, 600 Independence Avenue, SW
(Portals Building, room 4400), Washington, D.C. 20202-6132. Telephone
(202) 260-0826. Individuals who use a telecommunications device for the
deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-
800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through
Friday.
SUPPLEMENTARY INFORMATION:
Schoolwide Programs in General
One of the most promising changes in the recent reauthorization of
Title I, ESEA, is the expansion of schoolwide programs. A schoolwide
program permits a school to use funds under Part A of Title I to
upgrade the entire educational program of the school and to raise
academic achievement for all children in the school, in contrast to a
Title I targeted assistance program, in which Part A funds may be used
only for supplementary educational services for eligible children.
Under the reauthorized ESEA, this authority has now been expanded to
include other Federal education funds (see the heading ``Inclusion of
other Federal Funds'').
Schoolwide programs grew out of research about what makes schools
work for disadvantaged students. Repeated findings show that the
principals, teachers, and other staff in highly successful schools
develop and carry out comprehensive schoolwide reform strategies and
expect high academic achievement from every child. They establish safe
environments that are conducive to learning and support enriched
instruction in an expanded core of subjects. Over the years,
researchers have documented that when the entire school is the target
of change, schools serving even the most disadvantaged youth can
achieve success.
Section 1114 of Title I authorizes a school with a concentration of
poverty of at least 60 percent in the 1995-96 school year and 50
percent in subsequent years to use funds under Part A to operate a
schoolwide program and upgrade the entire educational program in the
school. Under section 1114(b) of Title I and Sec. 200.8(d) of the final
regulations, each schoolwide program must include a number of specific
components. A schoolwide program school, for example, must conduct a
comprehensive needs assessment of the entire school to determine the
performance of its children in relation to the State's challenging
content and performance standards; implement schoolwide reform
strategies that are based on effective means of improving the
achievement of children and that address the needs of all children in
the school; use highly qualified professional staff; provide
professional development for teachers and other staff; and implement
strategies to increase parental involvement. Under a schoolwide
program, a school is not required to identify particular children as
eligible to receive Part A services, demonstrate that the services
provided with Part A funds are supplemental to services that would
otherwise be provided, or document that Part A funds are used to
benefit only the intended beneficiaries.
Inclusion of Other Federal Education Funds
For the first time, a schoolwide program school may also use funds
from other Federal education programs in addition to Part A funds to
upgrade the entire educational program. Specifically, section
1114(a)(4) of Title I authorizes the Secretary, through publication of
a notice in the Federal Register, to exempt schoolwide programs from
statutory or regulatory provisions of any other noncompetitive, formula
grant program or any discretionary grant program administered by the
Secretary (other than formula or discretionary grant programs under the
Individuals with Disabilities Education Act), if the intent and
purposes of those programs are met.
This authority affords a schoolwide program school significant
flexibility to serve better all children in the school and their
families through comprehensive reforms of the entire instructional
program, rather than by providing separate services to specific target
populations. The Secretary emphasizes that a school with a schoolwide
program must address the needs of all children in the school,
particularly the needs of children who are members of the target
population of any other Federal education program that is included in
the schoolwide program.
Through this notice, the Secretary authorizes a schoolwide program
school to use funds from most Federal education programs administered
by the Secretary (including programs under the School-to-Work
Opportunities Act, which is jointly administered by the Secretary and
the U.S. Secretary of Labor) to support its schoolwide program. This
authority also extends to services, materials, and equipment purchased
with those funds and provided to the school. To provide schoolwide
program schools maximum discretion in using resources from Federal
education programs to their best advantage, the Secretary encourages
local educational agencies (LEAs), to the extent possible, to provide
Federal funds directly to those schools, rather than providing
personnel, materials, or equipment.
Programs That May Be included
Except as provided below and consistent with this notice and
section 1114 of Title I, the Secretary authorizes a schoolwide program
school to use funds or services that the school receives from any
Federal education program administered by the Secretary to upgrade its
entire educational program. This authority does not apply to funds from
the following types of programs:
Formula or discretionary grant programs under the
Individuals with Disabilities Education Act (excluded by section
1114(a)(4)(A) of Title I) and funds provided for eligible children with
disabilities under section 8003(d) of the ESEA.
Funds provided under the Schools Facilities Infrastructure
Improvement
[[Page 49175]]
Act to ensure the health and safety of students through the repair,
renovation, alteration, and construction of school facilities.
Programs under Subpart 1 of Part D of Title I, ESEA, to
State agencies for services to children in State institutions for
neglected or delinquent children, unless funds are used for transition
services involving a schoolwide program school.
Programs under the Adult Education Act or Subpart 3 of
Part A of Title IX of the ESEA (adult Indians), unless adult literacy
services are integrated within a schoolwide program plan. Adult
education funds could be included, for example, if they provide adult
literacy as part of a family literacy activity under a schoolwide
program plan.
Funds awarded to institutions of higher education, unless
those funds support elementary or secondary schools (e.g., the School,
College, and University Partnerships program).
Programs that are not administered by the Secretary, such
as the National School Lunch Program and Head Start.
In addition, the authority to use funds under other programs in
schoolwide program schools does not apply to funds that are allocated
by formula to nonschoolwide program schools in an LEA. This is not an
authority to redistribute funds among schools. Any redistribution of
funds would have to be consistent with the authorizing statute.
Satisfying ``Intent and Purposes''
In general, a school that combines funds from other Federal
education programs in a schoolwide program is not required to meet the
statutory or regulatory requirements of those programs. Combining funds
to meet the collective needs of the included programs allows schools to
address needs in an integrated way and frees schools from documenting
that a specific program dollar was spent only for a specific program
activity. However, the school must meet the intent and purposes of the
included programs to ensure that the needs of the intended
beneficiaries of those programs are addressed by the school. In so
doing, the school must be able to demonstrate that its schoolwide
program contains sufficient activities to reasonably address those
needs and thus meet the intent and purposes of each included program.
However, the school need not document that it used funds from a
particular program to meet the specific intent and purposes of that
particular program.
The following examples illustrate how a schoolwide program could
meet the intent and purposes of specific Federal education programs:
A secondary school may use funds received under the Carl
D. Perkins Vocational and Applied Technology Education Act to support
its schoolwide program if its program improves vocational education in
the school, for example, by integrating academic and vocational
education, and its program improves access to vocational education for
special populations in the school.
A schoolwide program school may use funds received under
the Dwight D. Eisenhower Professional Development program provided the
school has a sustained and intensive high-quality professional
development program for school staff in core academic subjects that is
aligned with the State's content and performance standards, reflects
recent research on teaching and learning, and incorporates methods and
practices to meet the educational needs of diverse student populations.
A schoolwide program school may use funds received under
Subpart 1 of Part A of the Safe and Drug-Free Schools and Communities
program provided the school has a comprehensive drug and violence
prevention program designed for all students and employees to create a
disciplined environment conducive to learning, prevent violence and
promote school safety, prevent the use, possession, and distribution of
tobacco, alcohol, and illegal drugs by students, and prevent the
illegal use, possession, and distribution of those substances by
employees.
A school may use funds received under Subpart 1 of the
Bilingual Education Act to support its schoolwide program provided the
program implements a bilingual education or special alternative
instruction program that reforms, restructures, and upgrades the
programs and operations that serve limited-English proficient children
and youth in the school.
A secondary school may use funds received under the
School-to-Work Opportunities Act to support its schoolwide program
provided the program integrates school-based and work-based learning,
establishes effective linkages between secondary and postsecondary
education, and is part of a comprehensive State model school-to-work
opportunities system that provides for the early selection of career
majors and the awarding of skill certificates.
The Department will provide examples from schoolwide schools when
they become available.
Requirements With Which a Schoolwide Program School Must comply.
Even though a schoolwide program school combines funds from other
Federal programs in its schoolwide program and is thus freed from most
statutory and regulatory requirements of those programs, the school and
its LEA, as appropriate, must still comply with requirements applicable
to those programs relating to--
Health and safety requirements.
Civil rights requirements. These requirements include
Title VI of the Civil Rights Act of 1964, Title IX of the Education
Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the
Age Discrimination Act of 1975, and Title II of the Americans with
Disabilities Act of 1990. In addition, if a schoolwide program school
receives Magnet Schools Assistance funds, to eliminate, reduce, or
prevent minority group isolation, the school must continue to operate
under its desegregation plan.
Gender equity requirements.
Participation and involvement of parents and students. A
schoolwide program school must implement extensive parent involvement
requirements under Part A that would likely satisfy most, if not all,
parent involvement requirements in other Federal education programs.
Private school children, teachers, and other educational
personnel. In other words, applicable requirements concerning the
equitable participation of eligible private school children, teachers,
and other educational personnel under other Federal education programs
must be met even though funds from those programs are combined in
schoolwide program schools.
Maintenance of effort. For programs covered under the
maintenance of effort requirements in section 14501 of the ESEA, those
requirements would be met through participation in Part A.
Comparability of services. For example, a secondary
schoolwide program school within an LEA that receives funds under the
Carl D. Perkins State Vocational and Applied Technology Education
Program must be provided services from State and local funds that,
taken as a whole, are at least comparable to the services being
provided in other secondary schools or sites within the same LEA that
are not being served with Perkins funds.
Use of Federal funds to supplement, not supplant non-
Federal funds. In other words, a schoolwide program school must receive
at least the same amount of State and local funds that, in
[[Page 49176]]
the aggregate, it would have received in the absence of the schoolwide
program, including funds needed to provide services that are required
by law for children with disabilities and children with limited-English
proficiency. The school, however, does not have to demonstrate that the
specific services provided with those funds are supplemental to
services that would have been provided in that school in the absence of
the schoolwide program.
Distribution of funds to State educational agencies (SEAs)
and LEAs. In addition, a school must comply with the following
requirements if it combines funds from these programs in its schoolwide
program:
Consistent with section 1306(b)(3) of Title I and
Sec. 200.8(c)(3)(ii)(B)(1) of the proposed Title I regulations, a
schoolwide program school that combines funds received under Part C of
Title I, ESEA, for the education of migratory children must, in
consultation with parents of migratory children or organizations
representing those parents, first address the identified needs of
migratory children that result from the effects of their migratory
lifestyle or are needed to permit those children to participate
effectively in school and document that services to address those needs
have been provided.
Consistent with section 9115(c) of the ESEA and
Sec. 200.8(c)(3)(ii)(B)(2) of the Title I regulations, a schoolwide
program school may combine funds received under Subpart 1 of Part A of
Title IX of the ESEA regarding Indian education if the parent committee
established by the LEA under section 9114(c)(4) of the ESEA approves
the inclusion of those funds.
Cross-cutting Federal Requirements
There are requirements contained in the General Education
Provisions Act and in the Education Department General Administrative
Regulations that apply generally to Department of Education grants,
including Title I. To the extent that these requirements affect
activities in schools, they would also apply to a schoolwide program
school by virtue of its participation in Title I. The consolidation of
Department programs in a schoolwide program, however, would not add to
these requirements or require that they be applied separately on a
program-by-program basis.
Discretionary Grant Funds
In general, a schoolwide program school may combine funds it
receives from discretionary (competitive) grants as well as from
formula grants. If a schoolwide program school combines funds from
discretionary grant programs, the school must still carry out the
activities described in the application under which the funds were
awarded. For example, if a schoolwide program is based in a school
receiving Federal funds under the Magnet Schools Assistance program,
the school must implement activities described in its plan to
eliminate, reduce, or prevent minority group isolation. However, a
schoolwide program school would not need to account separately for
specific expenditures of the combined Federal funds. Although not
required, the applicant LEA or school preferably should indicate in its
application for discretionary funds that some or all of the funds would
be used to support a schoolwide program and describe its activities
accordingly. Moreover, if authorized by the program statute, the
Department or an SEA could include in its selection criteria for a
particular program extra points for conducting activities in a
schoolwide program school. For example, an SEA could include such
points when awarding subgrants under the Even Start Family Literacy
program, which requires an SEA to give priority to applicants that
target services to families in need of family literacy services
residing in areas with high levels of poverty, illiteracy, or other
such need-related factors, including projects that serve a high
percentage of children to be served who reside in participating areas
under Part A.
Limitations
The authority in this notice does not apply to nonschoolwide
program schools that participate in Title I. Those schools must comply
with all statutory and regulatory requirements that apply to funds or
benefits they receive. This authority also does not relieve an LEA from
complying with all requirements that do not affect the operation of a
schoolwide program. For example, to the extent an LEA is required under
the Stewart B. McKinney Homeless Assistance Act to designate a homeless
liaison to ensure, among other things, that homeless children and youth
enroll and succeed in school, the LEA would not be relieved of this
requirement by virtue of operating one or more schoolwide programs.
Guidance and Technical Assistance
The Secretary intends to issue additional guidance on schoolwide
programs in the near future. In addition, staff in the office of
Compensatory Education Programs, in conjunction with staff in the other
affected Federal program offices, are available to assist LEAs and
schools operating schoolwide programs to implement the authority
contained in this notice. If LEAs or schools have specific questions,
they should contact Mary Jean LeTendre, Director, Compensatory
Education Programs, as provided at the beginning of this notice.
National Assessment of Schoolwide Programs
The Department is directed by section 1501 of Title I to examine,
in a national assessment of Title I programs, how well schools are
providing participating children an enriched and accelerated
educational program through schoolwide programs and how schoolwide
programs are meeting the needs of children from migratory families. In
this assessment, the Department will examine how the authority
contained in this notice has been implemented.
Dated: September 15, 1995.
Richard W. Riley,
Secretary of Education.
(Catalog of Federal Domestic Assistance Number 84.010, Improving
Programs Operated by Local Educational Agencies)
[FR Doc. 95-23471 Filed 9-20-95; 8:45 am]
BILLING CODE 4000-01-P
