NCLB Recommendation #33
SUBJECT
Title I Set-Aside Funding for Sanctions: School District Options
P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1116(b)(10)
NSBA RECOMMENDATIONS
#33: The state should establish a date, no later than December 15, to permit school districts to spend portions of the 20 percent of the funds set aside for choice and supplemental educational services (SES) that are not needed for such services with appropriate parental notification.
RATIONALE
This will allow school districts to reallocate funds that are no longer needed for choice and SES in time to support other Title I initiatives for eligible students within the district. Currently such funds cannot be released in a timely manner to support much needed programs at the remainder of the school year.
PROPOSED BILL LANGUAGE
Section 1116(b)(10) is amended by adding at the end the following:
“(E) Determination That Lesser Amount Is Needed.—
“(i) In General.—If a local educational agency determines under subparagraph (A) that a lesser amount is needed to comply with paragraph (9) and to satisfy all requests for supplemental educational services under subsection (e), the agency shall be required by this paragraph to spend only that lesser amount. The remaining amount (equal to the difference between that lesser amount and the amount otherwise required to be spent by subparagraph (A)) shall be merged back with the agency’s allocation under subpart 2 and shall be available accordingly.
“(ii) Timing.—A determination described in clause (i) may not be made—
“(I) until a reasonable time after notice to parents is made under paragraph (6) and a reasonable time after the deadline for making requests for such transportation or services has passed; and
“(II) after December 15, or after the date specified in the State plan, if the State plan specifies an earlier date.
“(iii) Assurances.—The remaining amount may not be merged back with the agency’s allocation, as described in clause (i), until after the agency notifies the State of the determination made under clause (i) and provides assurances to the State that the determination was made in compliance with this paragraph.”
IMPACT OF CURRENT LAW
Currently the 20 percent Title I funds are reserved beyond January in some states although not all of these funds are needed to meet the choice and SES decisions parents make in the fall. As a result, these unused funds cannot be spent in a timely manner for providing Title I services to students in the spring. These unneeded funds should be released sooner so schools and school districts can use them to prepare students for spring testing. NSBA’s recommendation will ensure that state or federal regulations do not prevent a timely release of unneeded funds for choice and SES, and therefore other Title I services can be provided as the law intended.
NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.