IDEA & ESEA Two Laws Supporting School Improvement

Joe Jewett and Dean Zajic

Two Laws

Elementary and Secondary Education Act (ESEA)

• The purpose of ESEA is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps. (20 U.S.C. 6301)
• Some key requirements include:
• ensuring all students can meet challenging state academic standards
• administering annual assessments
• public reporting of data on student achievement, teacher distribution, and school performance.
• requirements for ongoing family and stakeholder engagement 
• required use of evidence-based activities, strategies, and interventions

Title I Schools

Targeted Assistance 

Schoolwide

• Uses Title I funds to upgrade the entire educational program of the school.
• Funds serve all children, no teacher is required to serve as the "Title I Teacher".

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• Uses Title I funds to support children who are failing or at risk of failing state standards. 
• Funds may only be used for certain students. Specific staff assignment is required.

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Students with disabilities may benefit from both schoolwide and targeted assistance programs under Title I.

Foundations

Targeted Assistance 

Schoolwide

• Complete a comprehensive needs assessment to identify areas of need in the building.
• Determine area(s) of academic focus based on current performance levels for the building.
• Identify evidence-based strategies that may help reach academic goals. 

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• Establish multiple criteria to use to identify students with the greatest need. 
• Determine staff that will serve the  Title I program.
• Determine evidence-based practices that will be used to supplement the academic program.

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What about Identified Schools?

Comprehensive Support and Improvement (CSI)

• CSI Low Performing: Not less than the lowest-performing five (5) percent of all Title I schools
• CSI Low Graduation Rate: All public high schools in the State (Title I and non-title I) failing to graduate one-third or more of their students
• CSI Not Exiting ATS Status: Title I schools that were previously identified for additional targeted support and improvement (ATSI) and did not meet the statewide exit criteria for ATSI schools within the number of years determined by the state
• Intensive Support and Improvement (ISI): Title I schools that were previously identified for CSI and did not meet statewide exit criteria within the number of years determined by the state

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Targeted Support and Improvement

• Consistently Underperforming (TSI): Public schools (Title I and non-Title I) with one or more student groups that meet the State’s definition of “consistently underperforming.” To be identified annually
• Additional Targeted and Support (ATS): Public schools (Title I and non-Title I) with one or more student groups performing as poorly as the low-performing Title I schools identified for CSI

1003(a) School Improvement Grant

Individuals with Disabilities Education Act (IDEA)

The purpose of the IDEA is…

• to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;
• to ensure that the rights of children with disabilities and their parents are protected;
• to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities; and
• to assess and ensure the effectiveness of efforts to educate children with disabilities.

IDEA General Supervision

KSDE is responsible for ensuring:

• That the requirements of IDEA Part-B are carried out
• That each educational program for children with disabilities administered within the State, including each program administered by any other State or local agency:
• Is under the general supervision of the persons responsible for

educational programs for children with disabilities in the SEA; and

• Meets the educational standards of the state and IDEA.

Key Point to remember. . . 

Each grant has a specific purpose and limitations, but understanding the core concepts will allow the user to devise strategies to leverage resources and reduces barriers to inclusive education services.

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More Effective School Improvement �Through Coordination

Use of Funds

• A schoolwide program school may also consolidate funds received under Part B of the IDEA. The IDEA provides a formula for LEAs that wish to consolidate a portion of their IDEA Part B funds in any fiscal year to carry out a Title I schoolwide program.
• The following activities could be funded in a schoolwide program to support inclusive educational practices, based on the school comprehensive needs assessment, that could benefit all students and students with disabilities specifically when implementing IEPs.
• Increased learning time.
• Instructional coaches to provide high-quality, school-based professional development.
• Evidence-based strategies to accelerate the acquisition of content knowledge for children with disabilities.
• MTSS to allow for early identification of children with learning or behavioral needs and to provide a tiered response based on those needs.

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What do you think when you see this?

• Stop!!!

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• Go around?. . 

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• Decoration?

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• Parkour?

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• Interpretive Art?

Common Concerns

• Reluctance of a educator to take on a different role within the system support.
• Working with a new group of students versus who they have served in the past.
• A shift from teaching pullout classes to performing itinerate services
• A transition to co-teaching with other educators

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• Concern that while otherwise allowable, re-arranging services may lead to a decrease in program revenue.
• Concern that expanding a particular intervention or service to include other children will diminish focus or quality.
• Concern while an action may be otherwise allowable that an auditor will find it unallowable. 
• The belief that the proposed activity is not allowable based on regulation, statute, or guidance.

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Core Concepts of Integrated Funding

• Supplement Not Supplant
• Allocable Costs (Proportionality)
• Objective Overlap
• Data Driven Decisions
• Prior Approval
• The Reasonable Person Standard

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Core Concept: Supplement not Supplant

• Most federal grants require that the funds be used to enhance, but not solely support core activities.
• Federal funds generally cannot be used to pay for required or general government costs. (2 CFR 200.444)

Core Concept: Allocable Costs (Proportionality)

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A cost is allocable to a particular Federal award or other cost objective if the goods or services involved are chargeable or assignable to that Federal award or cost objective in accordance with relative benefits received. This standard is met if the cost:

• Is incurred specifically for the Federal award;
•  Benefits both the Federal award and other work of the non-Federal entity and can be distributed in proportions that may be approximated using reasonable methods; and
• Is necessary to the overall operation of the non-Federal entity and is assignable in part to the Federal award in accordance with the principles in this subpart.

(2 CFR 200.405)

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Core Concept: Objective Overlap

• Sometimes called “Incidental Benefit”.
• Many programs may overlap by group to benefit or types of services provided.

Core Concept: Data Driven

• Federal and most state funds have both compliance and performance requirements.
• Performance must be completed to assess whether the the activity is having the desired effect and improving outcomes for children.

 (2 CFR 200.328)

Core Concept: Prior Approval (Safe Harbor)

• If you’re not sure… ask!

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• Under any given Federal (or state) award, the reasonableness and allocability of certain items of costs may be difficult to determine. In order to avoid subsequent disallowance or dispute based on unreasonableness or nonallocability, the non-Federal entity may seek prior written approval.

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• Written prior approval from an appropriate KSDE staff member will provide a safe harbor against most state or federal audit findings.

 (2 CFR 200.407)

Core Concept: Stranger Test

• Also called the reasonable person standard.

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• A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
• Whether the individuals concerned acted with prudence in the circumstances considering their responsibilities to the non-Federal entity, its employees, where applicable its students or membership, the public at large, and the Federal Government.
• Doesn’t significantly deviates from its established practices and policies regarding the incurrence of costs.

 (2 CFR 200.404)

Use of Funds

• In implementing a schoolwide plan, the ESEA allows LEAs and schools to consolidate funds from Title I and other Federal education programs with State and local funds
• What might be needed:
• Change the accounting system to accommodate blending and braiding of funds.
• Adjustments to the time and effort system
• Shifting professional development 

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Pop Quiz!!

Group discussion and scenarios. . . 

Scenario: Small Group Reading Intervention

• As part of the local MTSS, a building has identified a Johnny as needing additional reading interventions to make progress.
• Jane is a student with disabilities who, as part of her IEP, is receiving an intervention that would also benefit Johnny.

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• How might the school staff coordinate the services to benefit both students?

Scenario: AP English Class

• A district offers an AP English class that was created and taught by a gifted teacher. Several gifted students do have the class as part of their IEP, but the class also serves students that have not been identified as students with exceptionalities.

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• Can the district claim categorical aid for the gifted teacher?

Discussion: District Professional �Development Activities

• A district wants to use IDEA funds to provide training to staff on how to better serve students with disabilities through the use of differentiated supports.

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• Who in the district may participate in this training?

Scenario: Pre-K Transportation

• A district is expanding their special education preschool program to now be open to all children. The expanded program is funded through a combination of pre-k at-risk, special education funding, and fees.

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• The district had previously provided transportation for students with disabilities, and want to make bussing available to the new students but is concerned it would jeopardize the special education funding

BONUS QUESTION: State At-Risk Services

• May students identified for special education services receive at-risk services?
• Yes, at-risk students with disabilities may receive services funded with at-risk funds. For example, an at-risk student with a disability receiving special education support in the area of reading could also receive separate at-risk instructional support in the area of mathematics with peers.
• At-risk funded services cannot be solely for the provision of special education services, but may incidentally meet a need identified in a student’s IEP.  Qualified special education staff determine if a service is appropriate to meet a student’s IEP need.
• At-risk funded services are never classified as special education expenditures.

QUESTIONS?

Contact Information

Joe Jewett

Assistant Director- KSDE SETS

Joe.Jewett@ksde.gov

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Dean Zajic

Assistant Director- KSDE SETS

Dean.Zajic@ksde.gov

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The Kansas State Department of Education does not discriminate on the basis of race, color, religion, national origin, sex, disability or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. The following person has been designated to handle inquiries regarding the nondiscrimination policies: KSDE General Counsel, Office of General Counsel, KSDE, Landon State Office Building, 900 S.W. Jackson, Suite 102, Topeka, KS 66612, (785) 296-3201.