FLORIDA DEPARTMENT OF EDUCATION
?
STATE BOARD OF EDUCATION
John L. Winn
Commissioner of Education
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
DONNA G. CALLAWAY
ROBERTO MARTÍNEZ
PHOEBE RAULERSON
KATHLEEN SHANAHAN
LINDA K. TAYLOR
CONTACT PERSONS
NAME:
Mary Jo Butler
Jerry
Whitmore
PHONE:
(850) 245-0479
(850) 245-0414
SUNCOM:
205-0479
205-0414
EMAIL:
maryjo.butler@fldoe.org
jerry.whitmore@fldoe.org
K12: 2006-07
MEMORANDUM
TO:
District School Superintendents
FROM:
Cheri Pierson Yecke, Ph.D.
DATE:
January 25, 2006
SUBJECT
:
Clarification Regarding No Child Left Behind (NCLB) Choice Options
The purpose of this memorandum is to provide additional information and clarification to school
districts regarding No Child Left Behind choice options for eligible students in Title I schools
identified as “In Need of Improvement” and the reallocation of the 20 percent Title I, Part A, set-aside
funds designated to support these options. This information will ensure fidelity of implementation in
providing parents meaningful choice options consistent with the No Child Left Behind Act of 2001,
United States Department of Education Title I Regulations, and Non-Regulatory Guidance.
As stated in the memorandum dated October 14, 2005, school districts must set aside an amount
equal to 20 percent of their Title I, Part A, allocation to provide the two school choice options set
forth in Section 1116 of the No Child Left Behind Act. Title I schools identified as not making
Adequate Yearly Progress (AYP) for two consecutive years (Year One of in need of improvement)
are required to provide choice with transportation, and schools identified as not making AYP for
three or more consecutive years (Year Two+ of in need of improvement) are required to offer choice
with transportation and state-approved supplemental educational services (SES). Districts with
schools in Year One and Year Two+ of in need of improvement must spend five percent of the 20
percent for choice with transportation and five percent of the 20 percent for state-approved SES.
CHERI PIERSON YECKE, PH.D.
CHANCELLOR, K-12 PUBLIC SCHOOLS
325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org
District School Superintendents
January 25, 2006
Page Two
The remaining funds are required to be spent for choice with transportation and/or state-approved
SES, based on demand. However, if a lesser amount is needed and the school district can
document it has fully met the demand for one or both options, the remaining funds from the 20
percent set-aside may be reallocated for other allowable activities that will increase student
achievement of the lowest performing students in Title I schools.
The following provisions for the use of these set-aside funds must be implemented in the 2005-06
school year. The release of remaining funds for reallocation will be dependent upon compliance with
the provision of federal law pertaining to providing students the opportunity to receive choice with
transportation or state-approved SES as appropriate.
Year One Schools in Need of Improvement (SINIs - Schools identified as not making AYP for
two consecutive years)
Title I schools in Year One of needs-improvement status (those schools that did not make AYP for
two consecutive years) must offer choice with transportation to all students. If demand for choice
with transportation exceeds the amount of available funds, priority must be given to the lowest-
achieving students that qualify for Free and Reduced Price Lunch (FRPL). The district must ensure
that students are offered quality choice options. “Quality choice options” are defined as follows:
•
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If the district has more than one school eligible to receive students because the schools are
not in need of improvement status, students must be offered more than one choice option. The
district may not use capacity as a factor when identifying eligible schools.
•
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If there are no eligible schools in the district, to the extent practicable, cooperative agreements
should be established with the neighboring district.
•
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If there are no eligible schools and a cooperative agreement is not practicable, the district may
elect to offer SES.
However, 20 percent set-aside may be used only if the delivery of SES
meets the requirements set forth in Section 1116 and the provider is state-approved.
Year Two+ Schools in Need of Improvement (SINIs - Schools identified as not making AYP for
three or more consecutive years)
Title I schools in Year Two of needs-improvement status, corrective action, or restructuring must
offer eligible students the option of selecting choice with transportation or state-approved SES. If the
demand for choice with transportation exceeds the amount available, priority must be given to the
lowest-achieving students on FRPL. SES may only be offered to students who qualify for FRPL. If
demand exceeds available funds, priority must be given to those lowest-achieving students based
on the most recent FCAT scores.
Allocating the Title I 20 percent Set-Aside for Choice Options
As provided in the Title I Regulations, an amount equal to 20 percent of the total district allocation,
including transfers and before any other reservations are made,
is reserved for the two choice
options, unless a lesser amount is needed
.
Further, the regulations provide that a school district
must spend at least five percent of the total allocation on choice with transportation, five percent on
state-approved SES, and the remaining ten percent on one or both options, dependent upon
demand. The set-aside funds may not be used for administrative costs associated with either choice
with transportation or SES and may not be used for transportation for SES.
District School Superintendents
January 25, 2006
Page Three
If the demand or actual cost of implementing the options with fidelity is less than the amount
reserved, and the district can document that it has implemented the requirements for providing the
two choice options, the remaining funds may be released for reallocation. Prior to the Department’s
release of these funds for reallocation the district must document that it has fully met the demand for
choice with transportation and state-approved SES, as set forth in the October 14, 2005,
memorandum. This documentation must be maintained at the district office and presented to the
Department upon request.
In addition, the Superintendent must sign and submit the attached assurance form documenting that
the district has
•
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appropriately notified parents of the available options in understandable formats and multiple
forums;
•
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offered parents a reasonable amount of time to investigate their options before submitting their
request; and
•
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used various measures to ensure that parents and students are provided the opportunity to
utilize the option of their choice, including re-opening enrollment for SES if a documented
need exists but participation rates are low.
School districts that set aside and expended Title I funds for implementing NCLB choice are required
to request authorization for the release of the unused portion of the 20 percent set-aside in
accordance to the conditions listed above by submitting
Form A: Assurance/Documentation of
NCLB Choice for Release of Required Set-Aside
. School districts that used non-Title I funds for
implementing NCLB choice are required to complete
Form B: Assurance/Documentation of NCLB
Choice for Released of Required Set-Aside
. In an effort to expedite the review and approval of the
release of funds, we request that you submit the appropriate form as soon as you document
compliance with requirements set forth in this memorandum.
Once these requirements have been satisfied, an acknowledgement letter will be sent to the district
approving the reallocation of the 20 percent set-aside. The district may choose to use the funds for
any Title I allowable activity including but not limited to extended-day instructional services, district-
SES, high-quality professional development, or parental involvement activities. However, if the
district originally reserved the 20 percent set-aside from Title I schools, the funds
must
be allocated
back to those schools. It is important to keep in mind that once the funds have been released, they
become subject to the equitable participation requirements for private school students. Please note
that districts may only use the 20 percent set-aside for district-SES or other activities after the funds
have been approved by the Department for reallocation.
If you have any questions or need additional assistance, please contact Mary Jo Butler at (850) 245-
0479 or via email at maryjo.butler@fldoe.org, or Lisa C. Saavedra, Chief, Bureau of Student
Assistance, at (850) 245-0414 or via email at jerry.whitmore@fldoe.org.
CPY:mjb:lcs:o
Attachments (2) – Form A and Form B
________________________________________________
___________________
Form A
FLORIDA DEPARTMENT OF EDUCATION
2005-2006 Assurance of Compliance with NCLB Choice Provisions
For Release of 20 Percent Set-Aside
(Districts that Expended Title I Part A Funds for NCLB Choice)
DISTRICT NAME: ________________________________
This assurance is submitted to support that all requirements of Florida’s NCLB Choice Options have been implemented.
All documentation is maintained at the district level to verify full compliance that the school district:
1)
Developed and implemented a plan for communicating choice options to parents.
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2)
Developed and implemented a plan for providing choice options to parents.
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3)
Accurately reported students who participated in the district’s choice options on the required format via Florida’s
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Automated Student Data Base.
4)
Provided choice options to all parents (and eligible students) prior to the first day of school.
5)
Determined that the demand for choice with transportation and state-approved SES, as set forth in the October
14, 2005, memorandum, has been met.
6)
Provided appropriate notification to parents of the available two NCLB choice options in understandable formats
and through multiple forums.
7)
Offered parents a reasonable amount of time to investigate their options before submitting their requests.
8)
Implemented various measures to ensure that parents and students were provided the opportunity to utilize the
option of their choice, including re-opening enrollment for state-approved SES if a documented need existed but
participation rates were low.
I, _________________________________________, Superintendent, ______________ County School District
(
Please Type or Print Name of Superintendent)
do hereby certify that all facts, figures, and representations reported via the web-based reporting formats for the District’s
NCLB Choice Plan (http://sip.osi.fsu.edu/0506_sip_template/login.aspx ),the Supplemental Educational Plan
(http://sip.osi.fsu.edu/SES/Login_SES.aspx ) and the District Improvement and Assistance and Intervention Plan
(http://sip.osi.fsu.edu/0506_sip_template/login.aspx) are true, correct, and consistent with the requirements set-forth in the
No Child Left Behind Act of 2001. Furthermore, all applicable statutes, regulations, procedures, and administrative and
programmatic requirements have been implemented to ensure proper accountability for the expenditure of the twenty
percent set-aside for NCLB choice options. All records necessary to substantiate these requirements will be available for
review by appropriate state and federal staff.
Signature of Superintendent
Date
Please type or print the name, title, email and mailing addresses, and phone number for the district contact person
responsible for compiling and maintaining the required documentation noted above:
Name: ________________________ Title: ______________________ Phone: ____________________
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Email Address: _________________________________
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Mailing Address: ___________________________________________________________________________
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Completed forms should be submitted to: Jerry Whitmore, Administrator, Title I Programs and Academic
Intervention Services, by mail at 325 West Gaines Street, Suite 352 Turlington Building, Tallahassee, Florida
32399.
January 2006
John L. Winn, Commissioner
________________________________________________
___________________
Form B
FLORIDA DEPARTMENT OF EDUCATION
2005-2006 Assurance of Compliance with NCLB Choice Provisions
(Districts that Expended Non-Title I Funds for NCLB Choice)
DISTRICT NAME: ________________________________
This assurance is submitted to support that all requirements of Florida’s NCLB Choice Options have been implemented.
All documentation is maintained at the district level to verify full compliance that the school district:
9)
Developed and implemented a plan for communicating choice options to parents.
?
10)
Developed and implemented a plan for providing choice options to parents.
?
11)
Accurately reported students who participated in the district’s choice options on the required format via Florida’s
?
Automated Student Data Base.
12)
Provided choice options to all parents (and eligible students) prior to the first day of school.
13)
Determined that the demand for choice with transportation and state-approved SES, as set forth in the October
14, 2005, memorandum, has been met.
14)
Provided appropriate notification to parents of the available two NCLB choice options in understandable formats
and through multiple forums.
15)
Offered parents a reasonable amount of time to investigate their options before submitting their requests.
16)
Implemented various measures to ensure that parents and students were provided the opportunity to utilize the
option of their choice, including re-opening enrollment for state-approved SES if a documented need existed but
participation rates were low.
I, _________________________________________, Superintendent, ______________ County School District
(
Please Type or Print Name of Superintendent)
do hereby certify that all facts, figures, and representations reported via the web-based reporting formats for the District’s
NCLB Choice Plan (http://sip.osi.fsu.edu/0506_sip_template/login.aspx ),the Supplemental Educational Plan
(http://sip.osi.fsu.edu/SES/Login_SES.aspx ) and the District Improvement and Assistance and Intervention Plan
(http://sip.osi.fsu.edu/0506_sip_template/login.aspx) are true, correct, and consistent with the requirements set-forth in the
No Child Left Behind Act of 2001. Furthermore, all applicable statutes, regulations, procedures, and administrative and
programmatic requirements have been implemented to ensure proper accountability for the expenditure of the twenty
percent set-aside for NCLB choice options. All records necessary to substantiate these requirements will be available for
review by appropriate state and federal staff.
Signature of Superintendent
Date
Please type or print the name, title, email and mailing addresses, and phone number for the district contact person
responsible for compiling and maintaining the required documentation noted above:
Name: ________________________ Title: ______________________ Phone: ____________________
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Email Address: _________________________________
?
Mailing Address: ___________________________________________________________________________
?
Completed forms should be submitted to: Jerry Whitmore, Administrator, Title I Programs and Academic
Intervention Services, by mail at 325 West Gaines Street, Suite 352 Turlington Building, Tallahassee, Florida
32399.
January 2006
John L. Winn, Commissioner
