SEA-LEA Collaboration for ESSA Implementation Sheara Krvaric, Esq. Federal Education Group, PLLC www.fedededgroup.com © 2016 • All Rights Reserved

Why Collaboration? To develop: A shared understanding of ESSA options and requirements A sense of shared responsibility for program success A mechanism for ongoing feedback To identify: Barriers to effective programming Technical assistance needs Best practices © 2016 • All Rights Reserved

Opportunities for Collaboration Redesigning the LEA-to-SEA application for ESSA funds “Activity-focused” spending guidance with examples of how ESSA (and possibly other) grants can support effective practices Protocols for spending data required for supplement not supplant and per-pupil expenditure reporting © 2016 • All Rights Reserved

LEA-to-SEA Application © 2016 • All Rights Reserved

Redesigning the LEA-to-SEA Application for ESSA Funds ESSA makes changes to Titles I, II and IV that will likely require SEAs to update the application template LEAs use to apply for funds For example: Clarified programming options for Title I schools Modifications to ranking and serving for secondary schools Changed use of funds options for Title II New Title IV, Part A program © 2016 • All Rights Reserved

Application Redesign (cont.) This is a chance to step back and think about the application afresh with the input of LEAs who use the application Important considerations Consolidated application authority Promoting programs aligned to goals and needs Linking program decisions to budgets Compliance needs © 2016 • All Rights Reserved

Consolidated Application Authority 8305(d) of ESSA: The State educational agency shall require only descriptions, information, assurances, and other material that are absolutely necessary for the consideration of the local educational agency plan or application ED Guidance from IASA (archived): SEAs are free to determine the content of consolidated local applications . . . The flexibility that SEAs have to design the content of consolidated local applications means that they are not required to include specific application requirements set forth in individual program statutes. © 2016 • All Rights Reserved

Common Application Challenges Level of detail to consider in budget review Format constraints that limit program options Extended approval process Internal control needs (front-end compliance check versus back-end monitoring) © 2016 • All Rights Reserved

Consolidated Application Opportunities Rethink format Holistic planning first: identify needs and goals, identify strategies, identify activities Then budget: assign funding source to each activity Then address grant-specific issues as needed in separate sections Align application to the way LEAs plan services © 2016 • All Rights Reserved

Consolidated Application Opportunities (cont.) Address hidden barriers For example, drop down menus that limit spending options No specific space to exercise allowable flexibilities Develop formal review protocols Consider review standards that match state philosophy (how will staff apply necessary/reasonable standard, what level of budget justification will be required) Capitalize on subject matter expertise across the SEA © 2016 • All Rights Reserved

Activity Focused Guidance © 2016 • All Rights Reserved

Activity Focused Guidance for Program Coordination LEAs get most of their information about federal grants from their SEAs Most SEA guidance focuses on the technical details of one program at a time, with little information about spending options Activity-focused guidance can support LEAs in identifying: Effective practices The personnel, goods and services they will need to implement the practices The funding available to support the costs © 2016 • All Rights Reserved

Example: Job-Embedded Professional Development ED Grant Possible Uses of Funds Title I, Part A Additional planning time for teachers Instructional coaches Data experts/data teams Mentoring/peer supports Title II, Part A Evaluation and support systems Wide range of job-embedded professional development activities Induction/professional development programs for new teachers Mentor teacher/teacher leader programs IDEA, Part B Professional development for teachers of students with disabilities (can include special educators and general educators that serve students with disabilities). © 2016 • All Rights Reserved

Federal Focus on Collaboration The U.S. Department of Education encourages inter-program collaboration as a way to maximize federal resources This is part of a larger federal trend to support performance and coordinated approaches to spending © 2016 • All Rights Reserved

Coordinated Spending is Permitted by Federal Law The U.S. Education Department General Administrative Regulations (EDGAR) authorize coordinated spending so long as the recipient: Follows federal spending rules Tracks how federal funds are spent (34 CFR § 76.760) Coordinated spending is not the consolidation of funds, but a way to use multiple funding sources to support a project © 2016 • All Rights Reserved

ED Guidance on Coordinated Spending Examples of Leveraging ESEA, IDEA, and Perkins Funds for STEM Education for School Year 2016–2017 http://www2.ed.gov/programs/promiseneighborhoods/stemdearcolleagueltr.pdf Examples of Leveraging ESEA, IDEA, and Perkins Funds for Humanities Education for School Year 2016–2017 http://www2.ed.gov/policy/elsec/guid/secletter/160713.html © 2016 • All Rights Reserved

ED Guidance (cont.) Examples of Leveraging ESEA and IDEA Funds for Digital Teaching and Learning: http://tech.ed.gov/wp-content/uploads/2014/11/Tech-Federal-Funds-Final-V2.pdf Federal Programs and Support for School Counselors: http://www2.ed.gov/policy/elsec/guid/secletter/140630.html Maximizing Flexibility in the Administration of Federal Grants: http://www2.ed.gov/programs/titleiparta/flexswp091313.pdf © 2016 • All Rights Reserved

State Examples Tennessee Guidance on Response to Intervention http://tennesseegms.blob.core.windows.net/publicgmsdocuments/66e43acb-8894-4544-bbba-7b3df90ea431.pdf Louisiana Planning Guide http://www.louisianabelieves.com/docs/default-source/teacher-toolbox-resources/district-planning-guide.pdf?sfvrsn=32 Mississippi Guidance on IDEA for Early Literacy http://www.mde.k12.ms.us/docs/special-education-library/idea-supporting-early-literacy-fiscal-guidance-4-15-16_20160505125408_154638.pdf?sfvrsn=2 © 2016 • All Rights Reserved

Supplement not Supplant and Per-Pupil Expenditure Reports © 2016 • All Rights Reserved

Importance of Collaboration Both requirements look at state/local spending in individual schools Compliance will depend on how LEAs account for spending SEA compliance protocols should take into account LEA practices, LEA capacity, FMS capacity, accounting rules, etc. © 2016 • All Rights Reserved

Supplement not Supplant Background ESSA retained SNS requirement, but changed how compliance is tested ED has proposed regulations that would require LEAs to show they distribute “almost all” available funds to schools in one of four ways: Weighted per-pupil based on educational disadvantage Resource formula that ensures Title I schools get at least as much spent districtwide State developed methodology Equal (or greater) per-pupil spending in Title I schools © 2016 • All Rights Reserved

Many Unanswered Questions For example: What does it mean to distribute “almost all” available funds? What about restricted revenue? What about spending for central services like transportation, maintenance and repair, pensions and other retirement costs, capital spending, curriculum development, etc.? What about spending that might affect school-to-school comparisons? Special education Costs to comply with desegregation/other court orders Magnet programs Choice programs Spending carried out over a number of years (tech purchases, capital plans, maintenance projects, etc.) Spending done on “as needed basis (repairs, etc.) © 2016 • All Rights Reserved

Unanswered Questions (cont.) What are the penalties for non-compliance? Which year’s spending is evaluated? What do key terms mean, like “significant proportion” to qualify for an exemption? And many more . . . © 2016 • All Rights Reserved

Per-Pupil Expenditure Reporting Section 1111(h)(1)(C)(x) requires reporting on: The per-pupil expenditures of federal, state and local funds, including actual personnel expenditures and actual non-personnel expenditures of federal, state, and local funds, disaggregated by source of funds, for each local educational agency and each school in the state for the preceding fiscal year © 2016 • All Rights Reserved

Defining Per-Pupil Regulations *Proposed 34 CFR 200.35 States must develop “a single statewide procedure to calculate LEA current expenditures per pupil and a single statewide procedure to calculate school-level current expenditures per pupil” Includes expenditures for administration, instruction, instructional support, student support services, pupil transportation services, operation and maintenance of plant, fixed charges, and preschool, and net expenditures to cover deficits for food services and student body activities, and Excludes expenditures for community services, capital outlay, and debt service State and local report cards must include the amount of spending that was not allocated to schools © 2016 • All Rights Reserved

Per-Pupil Expenditures (cont.) Many of the same SNS questions apply, including: How much of central costs should be allocated to schools How should central-costs be allocated to schools How will the state’s procedures for PPE reporting influence SNS (particular the “special rule”, which is tied to the PPE report but with its own exceptions) How, if at all, will state and local report cards/communication strategies address PPE differences that are driven by: Variable programming Specialized schools Maintenance needs, etc. © 2016 • All Rights Reserved

Disclaimer This presentation is intended solely to provide general information and does not constitute legal advice. Attendance at the presentation or later review of these printed materials does not create an attorney-client relationship with Federal Education Group, PLLC. You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances. © 2016 • All Rights Reserved