Transcript 21st Century Community Learning Centers and Non

21ST CENTURY COMMUNITY LEARNING
CENTERS REQUIREMENTS AND
FLEXIBILITY IN LIGHT OF THE WAIVER
Michael Brustein, Esq.
[email protected]
Brustein & Manasevit, PLLC
Fall Forum 2012
21st Century Community Learning Centers (21st CCLC)
Resources
Overview
ESEA Flexibility
Time and Effort
General Fiscal Rules
Common Monitoring Findings
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Agenda
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 ED’s Website: http://www.ed.gov/programs/21stcclc/index.html
 21st CCLC Statute:
http://www.ed.gov/policy/elsec/leg/esea02/pg55.html
 21st CCLC Guidance:
http://www.ed.gov/programs/21stcclc/guidance2003.doc
 Regulations on the Participation of Faith-Based and Community
Organizations in Department Programs:
http://www.ed.gov/policy/fund/reg/fbci-reg.html
 EDGAR: http://www.ed.gov/policy/fund/reg/edgarReg/edgar.html
 OMB Circulars: http://www.whitehouse.gov/omb/circulars/
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21st CCLC Resources
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21 CCLC Program
Overview
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 To establish or expand community learning centers
that provide students with:
◦ Academic enrichment opportunities along with
activities designed to complement the students’
regular academic program
◦ Must also offer families of
eligible students literacy
and related educational
development
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What is the purpose?
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What is a Community Learning Center?
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Tutoring
 Community service opportunities
Mentoring
 Character Education Programs
Homework help
 Drug & violence prevention
Academic enrichment
 Music, technology, arts, sports &
Counseling
cultural activities
 Operates during non-school hours
◦ Before or after school, summer, holidays, weekends, etc.
◦ Flexibility waiver exception!
 Assists students in meeting state and local academic achievement
standards in core academic subjects
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 Located in elementary or secondary schools, or other similarly
accessible facilities
 Provides a wide range of services to support student learning and
development, including:
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Eligibility Requirements
• Students
• Adult family members of participating students
• Younger children who will become students at the
school being served
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• Who can participate?
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21st CCLC Program Allowability Rules
Local Use of Funds
 Recreational activities
 Tutoring services and mentoring programs
◦ chess clubs (foster critical thinking skills, persistence)
◦ poetry contests and slams (encourage reading, writing and speaking)
 Mathematics and science education activities
◦ woodworking programs (encourage planning, measurement, estimation)
◦ cooking programs (foster application of math and science skills)
 Arts and music education activities
◦ theatre programs (encourage reading, speaking, teamwork)
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Remedial education activities and academic
enrichment learning programs 
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21st CCLC Program Allowability Rules
Local Use of Funds
 Programs for Limited English Proficient students that emphasize language
skills and academic achievement
 Expanded library service hours
 Programs that promote parental involvement and family literacy
 Telecommunications and technology education programs
◦ Computer clubs or newspaper publishing (promote writing, editing and knowledge
of, and comfort with, technology)
 Programs that assist truant, suspended, or expelled students to improve their
academic achievement
 Drug and violence prevention programs, counseling programs, and character
education programs
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◦ Book clubs (encourage reading and writing for pleasure)
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21st CCLC Program Allowability Rules
Principles of Effectiveness
• Needs assessment of objective data
• An established set of performance measures aimed at
ensuring high quality academic enrichment opportunities;
and
• Scientifically based research that provides evidence that
the program or activity will help students meet the state
and local academic achievement standards (as appropriate)
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• Programs or activities must be based on:
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ESEA Flexibility
◦ ESEA Flexibility Guidance, p.2 (September 23, 2011)
◦ http://www.ed.gov/esea/flexibility
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 ED allowing SEAs to request flexibility through waivers of 10
provisions of the ESEA
 ED allowing an optional 11th waiver to permit community learning
centers to use 21st CCLC funds to support expanded learning time
during the school day in addition to activities during non-school
hours or periods when school is not in session (i.e., before and after
school or during summer recess)
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• SEA must specifically request flexibility to permit eligible
entities to use 21st Century funds to support expanded
learning time before and after school
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• If waiver granted, SEA must comply with all the other 21st
Century Rules
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◦ Only entities selected after SEA runs
next competition following receipt
of waiver
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ESEA flexibility would not affect
current subgrantees
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• e.g. supplemental science, reading, civics
or other supplemental academic
enrichment in morning or afternoon to
allow teachers time to collaborate
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• If flexibility granted, funds may be
used to support high-quality
expanded learning time
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YES!!!
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Does supplement not supplant apply
to expanded learning time under
ESEA flexibility
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21 CCLC Program
Fiscal Rules
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Time and Effort Rules
• If one cost objective:
• Semi-annual Certification
• If two or more cost objectives
• PARs
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• Identify the number of cost
objectives!!
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Hypo #1
◦ 3 to 6 pm five days a week
◦ Expanded learning time 1 to 6pm
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Employee works only on 21st Century,
and paid with fed $:
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Hypo #2
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• Employee works only on 21st Century
paid with federal and nonfederal $
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• Employee works on Title I from
7:00am to 3:00pm, 21st Century from
3:00 to 6:00pm.
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Hypo #3
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• Employee works on Title I from
7:00am to 1:00pm, Expanded
Learning from 1:00 to 4:00pm, 21st
Century from 4:00 to 6:00pm
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Hypo #4
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• Employee works on Title I from
7:00am to 3:00pm, travels to CBO site
for 21st Century from 3:00 to 6:00pm
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Hypo #5
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21st Century Fiscal Rules (continued)
What else can be charged to the 21st CCLC Grant?
 Indirect Costs
 Pre-award costs (if have written approval)
◦ If charge after award notice but before the effective date,
costs may be charged to the extent they would have been
allowable if incurred after the award date
 If, prior to receiving notice of the grant, the local
organization incurs financial obligations -- it is doing so at
its own risk
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◦ If you have an approved rate that can distinguish costs for
each program
◦ Restricted Indirect Cost Rate
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YES, however:
 Must offer a sliding scale of fees and scholarships for those
who cannot afford the program
 Income collected from fees must be used to fund program
activities specified in the grant application
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Charge a Fee?
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21st CCLC Carryover
◦ If grantee making substantial progress:
 SEA may not redistribute 21st CCLC funds that remain
unobligated if doing so would reduce the total amount of
funds available to the grantee from a given fiscal year’s
appropriation below $50,000
◦ If grantee is NOT making substantial progress:
 SEA decides not to award a second or third year 21st CCLC
grant continuation
 SEA may redistribute any unobligated funds, even if doing
so would reduce the funds available below $50,000
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 SEA has discretion
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Common Findings
• Peer review process
• Awards between 3 to 5 years
• Applicants describe how the community learning center will
continue after 21st CCLC funding ends
• Outreach efforts to inform eligible entities about grant
competition
• SEA monitoring subgrantees
• Reporting complete, accurate, and reliable data
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• Common 21st CCLC monitoring findings:
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Questions
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 Brustein &
Manasevit, PLLC. You should not take any action based upon any
information in this presentation without first consulting legal
counsel familiar with your particular circumstances.
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Disclaimer
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