New Mexico - Public Education Department

  What are allowable activities using Title II, Part A funds?
  • Professional development for core content teachers
  • Hiring highly qualified teachers to reduce class size
  • Retention of highly qualified teachers (e.g., mentoring for new teachers)
  • Recruitment of highly qualified teachers (e.g., signing bonus)
  How does Title II, Part A define "core" academic subjects?
(The No Child Left Behind Act (NCLB) requires that all teachers of core academic areas be NCLB qualified. Schools and districts are required to work toward the goal of a 100% NCLB qualified teaching staff).

The Core Academic Subjects Are:
  • English
  • Reading
  • Language Arts, (Bilingual Education and TESOL)
  • Mathematics
  • Science
  • Foreign Languages
  • Civics and Government
  • Economics
  • Art
  • Music
  • History
  • Geography
  • Modern and Classical Languages, except Native American languages and cultures of New Mexico tribes and pueblos
Core academic areas do not include:
  • Preschool (except for Title I preschool programs that are part of an approved school wide plan), Health and Physical Education
  • Career Education (Agriculture, Business Education, Cooperative Education, Family and Consumer Sciences, Industrial Technology, Information Technology, Marketing, and Trade and Industrial Education)
  • Coaching or Driver Education.
Courses that are exempt from NCLB qualified teacher requirements include:
  • Psychology
  • Sociology
  • Anthropology
  • Humanities
  • Journalism
  • Debate
  • Drama
  • Theatre
  • Photography
  • Radio-TV Production
  • Religion
  What are some examples of activities that are considered professional development?
  • Conduct staff study groups at the school (e.g., pay stipends for staff, purchase books and materials, contract with speakers pertaining to the subject of the study).
  • Pay for professional development costs associated with bringing a new supplemental program into the school.
  • Pay staff stipends and benefits for curricular mapping activities and other standards-related activities.
  • Hire instructional coaches to assist staff with instruction and assessment in reading and/ or math.
  • Pay registration fees and travel expenses for trainings, within reason.
  • Pay costs of substitute teachers while regular teachers are participating in professional development.
  • Pay costs associated with bringing a speaker or consultant into the school to work with staff on data analysis.
Eligible Participants:
  Can teachers who do not teach one or more core content areas participate in PD (coaches, librarian, counselor…)?
All professional learning must be based on the needs of the PNP school. Other instructional personnel such as PE coach, librarian, counselor…may participate in professional learning through Title II Part A as long as the professional learning opportunity is focused on one or more of the eligible core content areas, or is instructionally focused and is reasonable to include the other instructional staff based on the PNP school's needs.
  Can para-professionals (instructional assistants) attend professional development training?
Instructional assistants who provide instructional support to students may participate in professional learning that is focused on one or more of the eligible core content areas, or is instructionally focused and is based on the needs of the PNP school.
  Define "cost is unreasonable". What is unreasonable and how is that judged? OMB CIRCULAR A-87 REVISED http://www.whitehouse.gov/omb/circulars_a087_2004#c
The federal government defines reasonable costs: 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. The question of reasonableness is particularly important when governmental units or components are predominately federally funded. In determining reasonableness of a given cost, consideration shall be given to:
  • Whether the cost is of a type generally recognized as ordinary and necessary for the operation of the governmental unit or the performance of the Federal award.
  • The restraints or requirements imposed by such factors as: sound business practices; arm's length bargaining; Federal, State and other laws and regulations; and, terms and conditions of the Federal award.
  • Market prices for comparable goods or services.
  • Whether the individuals concerned acted with prudence in the circumstances considering their responsibilities to the governmental unit, its employees, the public at large, and the Federal Government.
  What is the definition of high quality professional development?
  • Improves and changes teaching practices
  • Addresses the needs of students with different learning styles
  • Improves student classroom behavior
  • Involves parents in the student's education
  • Addresses using data and assessments to improve classroom practice
  • Is based on a needs assessment
  • Is ongoing and job-embedded
  • Is not short-term workshops
  • Raises student achievement
  May LEAs use Title II, Part A funds to purchase supplies or instructional materials that are used as part of professional development activities?
Title II, Part A funds may be used to purchase materials and supplies if they are necessary for the professional development activities, including the materials (such as graphing calculators) that a teacher will need in order to apply the professional development in a classroom setting. However, Title II, Part A does not permit the use of program funds to purchase materials and supplies that are not directly connected to the teachers' professional development.
  When can Title II, Part A funds is used to pay teacher salaries?
Title II, Part A funds can be used only to pay the salaries of highly qualified teachers hired for the purpose of reducing class size. Title II, Part A funds can also, as part of an overall strategy to improve teacher quality, be used for teacher incentives (e.g., as stipends for teachers recruited to fill hard-to-fill positions or to retain teachers who have been effective in helping low-achieving students succeed) or to pay the salaries of master teachers who provide or coordinate professional development services for other teachers.
  When can Title II, Part A funds is used to pay substitute teacher salaries?
(if, and only if)
  • those regular classroom teachers they are replacing were hired with Title II, Part A funds to reduce class size
  • the teachers are participating in Title II-funded "programs and activities that are designed to improve the quality of the teacher force, such as…innovative professional development programs…" [Section 2123(a)(5)(A)].
LEAs also must ensure that the hiring of these substitutes supplements, and does not supplant, the use of local and State funds they would otherwise be spending for such substitutes.
  What is supplant?
  • Using federal funds to pay for a position that was previously supported by local and state funds;
  • Using federal funds to pay for materials or activities that are the district's responsibility;
  • Using federal funds to pay for the activities or materials in one school that are paid for with state and local funds in other district schools.
  What is the Rule of Supplement not Supplant?
Under the Federal "supplement not supplant" requirement, LEAs may use Federal funds only to supplement and, to the extent practical, increase the level of funds that would, in the absence of the Federal funds, be made available from non-Federal sources for the education of participating students. In no case may a school district use Federal program funds to supplant—take the place of—funds from non-Federal sources.

Funds from NCLB Title programs are to be supplemental in nature.
  • If these funds are used to provide something that is required by local, state law or polity or other federal law then supplanting occurs and a district may have to pay the funds back to the program if discovered in an audit.
  • Another way that supplant happens is if a school system uses federal funds to pay for something that has previously been paid from local funds.
  May LEAs use Title II, Part A funds to purchase supplies or instructional materials that are used as part of professional development activities?
Yes, but only if the expenditures, like any costs paid for by Federal program funds, are reasonable and necessary to carry out these activities.
  What are some ways in which LEAs may reduce class size using highly qualified teachers hired with Title II, Part A funds?
LEAs may reduce class size by creating additional classes in a particular grade or subject and placing highly qualified teachers hired with program funds in those classes. However, there are other methods of reducing class size that are effective in assisting students in increasing their level of achievement. For instance, the benefits of smaller class size can be provided by the creation of smaller instructional groups served by highly qualified teachers for sustained blocks of time on a regular basis. Some examples of how LEAs might use this approach to reduce class size include but are not limited to:
  • Having two highly qualified teachers team-teach in a single classroom for either part of the school day or the entire day.
  • Hiring an additional highly qualified teacher for a grade level (e.g., providing three teachers for two 3rd grade classes) and dividing the students among the teachers for sustained periods of instruction each day in core academic subjects, such as reading and math.
  • Hiring an additional highly qualified teacher who works with half the students in a class for reading or math instruction, while the other half remains with the regular classroom teacher.
LEAs have the flexibility to explore these and other alternatives for reducing class sizes, provided that highly qualified teachers are used.
  May an LEA use Title II, Part A funds to pay out-of-area recruitment costs and moving expenses that may be needed in order to recruit and relocate new teachers?
Yes. There are circumstances in which the use of Title II, Part A funds to pay out-of-area travel and relocation costs would be reasonable and necessary to recruit individuals that the LEA would want to hire to meet its teacher shortage needs. To the extent that out-of-area recruitment itself is reasonable and necessary, relocation costs may be paid as a stipend or other financial incentive if, as with any cost the program would assume, the incentives are reasonable and necessary.
  When may an LEA use Title II, Part A funds for programs to recruit and retain pupil services personnel (e.g., guidance counselors)?
An LEA may use Title II, Part A funds for these activities, but only if the LEA is making progress toward meeting the annual measurable objectives described in Title I, Section 1119(a)(2) of ESEA, and in a manner consistent with mechanisms to assist schools in effectively recruiting and retaining highly qualified teachers and principals.
  May an LEA use Title II, Part A funds to assist paraprofessionals to become highly qualified and meet the requirements for Title I paraprofessionals in Section 1119 of ESEA?
Yes, but only if the training or support given to the paraprofessionals is consistent with the allowable activities under Title II. Part A. To the extent that helping paraprofessionals meet the required qualifications is consistent with the professional development goals listed below, then Title II, Part A funds may be used for that purpose. The law allows LEAs to use these funds to provide professional development activities "that improve the knowledge of teachers and principals, and, in appropriate cases, paraprofessionals" concerning:
  • One or more core academic subjects that teachers teach [Section 2123(a)(3)(A)(i)];
  • Effective instructional strategies, methods, and skills, and use of challenging content and academic achievement standards and State assessments to improve teaching practices and student academic achievement [Section 2123(a)(3)(A)(ii)];
  • Training in how to teach and address the needs of students with different learning styles, particularly students with disabilities, students with special learning needs (including students who are gifted and talented), and students with limited English proficiency [Section 2123(a)(3)(B)(ii)];
  • Training in methods of improving student behavior in the classroom and identifying early and appropriate interventions to help special-needs children learn [Section 2123(a)(3)(B)(iii)];
  • Training in how to understand and use data and assessments to improve classroom practice and student learning [Section 2123(a)(3)(B)(v)].
LEAs also may use their Title I funds "to support ongoing training and professional development to assist teachers and paraprofessionals" in order to meet the teacher quality and paraprofessional requirements of Section 1119(h). Provided that an LEA maintains records of the amount of Title I and Title II, Part A funds used for these professional development activities, and the Title I funds are used as permitted in the Title I statute and regulations, Title I and Title II, Part A funds may be used jointly for this purpose.
  May LEAs use Title II, Part A funds to provide training to enhance the involvement of parents in their child's education?
Yes, LEAs may use program funds to provide training to enhance the involvement of parents in their child's education Parental involvement is best encouraged through regular, two-way, and meaningful communications about student learning and other school activities. Effective strategies may include (1) promoting the understanding that parents are true partners in their children's education and communicating the need for parents to help their children succeed in school, and (2) providing parents with specific suggestions, on an ongoing basis, about ways to encourage learning at home and ways to be actively involved in their child's education at school.
  May schools and districts use Title II, Part A funds to pay for the cost of attending out-of-state conferences?
If attending a conference is necessary to achieve the goals and objectives of the grant, and if the expenses are reasonable, Title II, Part A funds may be used to pay for travel expenses of employees to attend a conference.
  May a grantee receiving funds from the U.S. Department of Education (Department) use its Federal grant funds to host a meeting or conference?
Yes. Federal grant funds may be used to host a meeting or conference if doing so is:
  • Consistent with its approved application or plan;
  • For purposes that are directly relevant to the program and the operation of the grant, such as for conveying technical information related to the objectives of the grant; and
  • Reasonable and necessary to achieve the goals and objectives of the approved grant.
  What are examples of "technical information" that may be conveyed at a meeting or conference?
Examples of technical information include, but are not limited to, the following, each of which must be related to implementing the program or project funded by the grant:
  • Specific programmatic, administrative, or fiscal accountability requirements;
  • Best practices in a particular field;
  • Theoretical, empirical, or methodological advances in a particular field;
  • Effective methods of training or professional development; and
  • Effective grant management and accountability.
  What factors should a grantee consider when deciding whether to host a meeting or conference?
Grantees should consider whether a face-to-face meeting or conference is the most effective or efficient way to achieve the desired result and whether there are alternatives, such as webinars or video conferences, that would be equally or similarly effective and more efficient in terms of time and costs than a face-to-face meeting. In addition, grantees should consider how the meeting or conference will be perceived by the public; for example, will the meeting or conference be perceived as a good use of taxpayer dollars?
  Are there conflict-of-interest rules that grantees should follow when selecting vendors, such as logistics contractors, to help with a meeting or conference?
Grantees, other than States, must, as appropriate, comply with the minimum requirements in 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at § 200.318, and should follow their own policies and procedures (or their local or State policies, as applicable) for ensuring that there are no conflicts of interest in the procurement process.
  When a meeting or conference is hosted by a grantee and charged to a Federal grant, may the meeting or conference be promoted as a U.S. Department of Education event?
No. Meetings and conferences hosted by grantees are directed by the grantee, not the U.S. Department of Education. Therefore, the meeting or conference may not be promoted as a U.S. Department of Education meeting or conference, and the seal of the U.S. Department of Education must not be used on conference materials or signage without Department approval. In addition, all meeting or conference materials paid for with Federal grant funds must include appropriate disclaimers, such as the following, which is provided in EDGAR § 75.620 and states: The contents of this (insert type of publication; e.g., book, report, film) were developed under a grant from the U.S. Department of Education. However, those contents do not necessarily represent the policy of the U.S. Department of Education, and you should not assume endorsement by the Federal Government.
Using Federal Grant Funds to Pay for Food
  When a grantee is hosting a meeting, may the grantee use Federal grant funds to pay for food, beverages, or snacks?
Generally, there is a very high burden of proof to show that paying for food and beverages with Federal funds is necessary to meet the goals and objectives of a Federal grant. When a grantee is hosting a meeting, the grantee should structure the agenda for the meeting so that there is time for participants to purchase their own food, beverages, and snacks. In addition, when planning a meeting, grantees may want to consider a location in which participants have easy access to food and beverages.

While these determinations will be made on a case-by-case basis, and there may be some circumstances where the cost would be permissible, it is likely that those circumstances will be rare. Grantees, therefore, will have to make a compelling case that the unique circumstances they have identified would justify these costs as reasonable and necessary.

If program offices have questions, they should consult with their program attorney.
  May Federal grant funds be used to pay for food and beverages during a reception or a "networking" session?
In virtually all cases, using grant funds to pay for food and beverages for receptions and "networking" sessions is not justified because participation in such activities is rarely necessary to achieve the purpose of the meeting or conference.
  May a grantee enter into a contract with a hotel under which Federal grant funds will be used to provide meals, snacks, and beverages as part of the cost for meeting rooms and other allowable conference-related costs?
Federal grant funds may only be used for expenses that are reasonable and necessary. In planning a conference or meeting and negotiating with vendors for meeting space and other relevant goods and services, grantees may only pay for allowable costs. If a hotel vendor embeds food and beverage costs into a hotel contract for meeting space, the grantee should work with the hotel to have the food and beverage costs identified and "backed out" of the contract, and have the price they are paying for meeting space appropriately adjusted to reflect the fact that food and beverages are not being purchased. The fact that food and beverages are embedded in a contract for meeting space does not mean that the food and beverages are being provided at no cost to the grantee.
  What if a hotel or other venue provides "complimentary" beverages (e.g., coffee, tea) and there is no charge to the grantee hosting the meeting?
The grantee has an obligation, under these circumstances, to confirm that the beverages are truly complimentary and will not be reflected as a charge to the grant in another area. For example, many hotels provide complimentary beverages to all guests who attend a meeting at their facility without reflecting the costs of those beverages in other items that their guests or, in this case, the grantee purchases. As noted above, it would not be acceptable for a vendor to embed the cost of beverages in other costs, such as meeting space.
  May indirect cost funds be used to pay for food and beverages?
The cost of food and beverages, because they are easily associated with a specific cost objective, such as a Department grant, are properly treated as direct costs, rather than indirect costs. As noted above, Federal grant funds cannot be used to pay for food and beverages unless doing so is reasonable and necessary.
  May Federal grant funds be used to pay for alcoholic beverages?
No. Use of Federal grant funds to pay for the cost of alcoholic beverages is strictly prohibited.
  May a grantee use non-Federal resources (e.g., State or local resources) to pay for food or beverages at a meeting or conference that is being held to meet the goals and objectives of its grant?
Grantees should follow their own policies and procedures and State and local law for using non-Federal resources to pay for food or beverages, including its policies and procedures for accepting gifts or in-kind contributions from third parties. However, if non-Federal funds are used to pay for food at a grantee-sponsored meeting or conference, the grantee should make clear through a written disclaimer or announcement (e.g., a note on the agenda for the meeting) that Federal grant funds were not used to pay for the cost of the food or beverages. Grantees should also be sure that any food and beverages provided with non-Federal funds are appropriate for the grantee event, and do not detract from the event's purpose.
  May grantees provide meeting participants with the option of paying for food and beverages (e.g., could a grantee have boxed lunches provided at cost for participants)?
Yes. Grantees may offer meeting participants the option of paying for food (such as lunch, breakfast, or snacks) and beverages, and arrange for these items to be available at the meeting.

Using Federal Grant Funds to Pay for Costs of Attending a Meeting or Conference Sponsored by ED or a Third Party
  May grantees use Federal grant funds to pay for the cost of attending a meeting or conference?
If attending a meeting or conference is necessary to achieve the goals and objectives of the grant, and if the expenses are reasonable (based on the grantee's own policies and procedures, and State and local laws), Federal grant funds may be used to pay for travel expenses of grantee employees, consultants, or experts to attend a meeting or conference. To determine whether a meeting or conference is "necessary," grantees should consider whether the goals and objectives of the grant can be achieved without the meeting or conference and whether there is an equally effective and more efficient way (in terms of time and money) to achieve the goals and objectives of the grant (see question #3). To determine whether the expenses are "reasonable," grantees should consider how the costs (e.g., lodging, travel, registration fees) compare with other similar events and whether the public would view the expenses as a worthwhile use of Federal funds.
  What should a grantee consider when planning to use Federal grant funds for attending a meeting or conference?
Among other considerations, grantees should consider how many people should attend a meeting or conference on its behalf. The number of attendees should be reasonable and necessary to accomplish the goals and objectives of the grant. The grantee should also determine whether it is necessary to attend the entire meeting or conference, or whether attending only a portion of the meeting or conference is reasonable and necessary.
  What travel expenses may be paid for with Federal grant funds?
Grantees may use Federal grant funds for travel expenses only to the extent such costs are reasonable and necessary and do not exceed charges normally allowed by the grantee in its regular operations consistent with its written travel policies. In the absence of an acceptable written policy regarding travel costs, grantees must follow the Federal travel and subsistence rates established by the General Services Administration. 48 CFR 31.205-46(a) (established under subchapter I of Chapter 57, Title 5, United States Code ("Travel and Subsistence Expenses; Mileage Allowances")). Federal grant funds may be used to pay expenses for transportation, per diem, and lodging if the costs are reasonable and necessary. Grantees should follow their own travel and per diem rules and costs when charging travel expenses to their Federal grant. As noted in the cost principles, grantees that do not have travel policies must follow:

…the rates and amounts established under subchapter I of Chapter 57, Title 5, United States Code ("Travel and Subsistence Expenses; Mileage Allowances"), or by the Administrator of General Services, or by the President (or his or her designee) pursuant to any provisions of such subchapter shall apply to travel under sponsored agreements (48 CFR 31.205-46(a)).

See 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
  What resources are available to help grantees determine whether costs associated with meetings and conferences are reasonable and necessary?
Grantees must follow all applicable statutory and regulatory requirements in determining whether costs are reasonable and necessary, especially the U.S. Office of Management and Budget's Cost Principles for Federal grants located at: 2 CFR Part 200 Uniform Administrative Requirements, cost principles, and Audit Requirements for Federal Awards
  May Federal grant funds be used to pay for entertainment?
No. Federal grant funds may not be used to pay for entertainment, which includes costs for amusement, diversion, and social activities.
  Is it allowable for a person whose travel costs are being paid with Federal grant funds to attend a conference in Washington, DC, and lobby members of Congress while in town?
Appropriated funds may not, except under very limited circumstances, be used for expenses related to any activity designed to influence the enactment of legislation, appropriations, regulations, administrative actions, or Executive Orders proposed or pending before the Congress or the Administration. To the extent that a portion of time at a conference is spent on lobbying activities, costs associated with the lobbying, including transportation to and from Washington, DC, lodging, and per diem, may not be charged to the Federal grant. For example, if a meeting or conference lasts for two days and a visit to lobby a member of Congress requires an additional day of travel, 1/3 of all costs involved in attending the meeting or conference, including travel to and from Washington, DC, may not be charged to the grant.
  What are the consequences of using Federal grant funds on unallowable expenses?
The Department may seek to recover any Federal grant funds identified, in an audit or through program monitoring, as having been used for unallowable costs, including unallowable conference expenses.
  Whom should grantees call if they have specific questions about the allowable use of Federal grant funds?
Grantees are encouraged to contact their U.S. Department of Education program officer to discuss the allowable use of Federal grant funds, including the allowable use of Federal grant funds for meetings and conferences.
Needs Assessments
  What are the requirements for conducting a needs assessment?
Federal regulations require that every district utilizing Title II funds must complete a needs assessment. This assessment must be the basis for all Title II fund decisions. Thus, there must be evidence provided of the links between the identified need (which was based on data) and the allocation of funds.
  What is the purpose of the needs assessment?
The needs assessment is a systematic process to acquire an accurate, thorough picture of the strengths and weaknesses of a school community that can be used in response to the academic needs of all students for improving student achievement and meeting challenging academic standards. The needs assessment is a process that collects and examines information about school wide issues and then utilizes that data to determine priority goals, develop a plan, and allocate funds and resources.
  What must be addressed in the LEA Title II, Part A plan?
Based on the amount of funding and results of the LEA needs assessment, it may not be possible to address each identified need. If the LEA does not have a highly qualified status of 100% or do not have an effective rating then funds should be focused on helping teachers become effective and highly qualified.

If the LEA has not met AYP, the funds should be focused on enhancing subject matter and teaching skills and an annual increase in the percentage of teachers receiving highly qualified professional development for meeting the needs of students not making AYP. The local plan should describe the system's uses of Title II, Part A funds and why those uses are likely to produce positive results in teaching practice and student achievement throughout the school system.
  Who should participate in the needs assessment?
Administrators, Teachers, Parents, and other community members should be included in gathering data to be used in the needs assessment.
  What types of data should be collected for the needs assessment?
Staff surveys, continuous improvement plans, strategic improvement plans, student achievement data from their NMTEACH summative evaluation plans, and school improvement plans may all be components of the needs assessment.
  Why is it important to collect and analyze data?
Data is used to determine the LEAs strengths and weaknesses; to understand the current and future needs of the school, students, parents, teachers, and the community; to determine short- and long-term goals, to develop a plan, and to allocate resources.
Private/Non Public Schools
Quarterly Consultation Meetings/Quarterly Budget Balances:
  Are quarterly consultation meetings required?
Yes, New Mexico School Districts is required to provide PNP schools with timely and meaningful opportunity for consultation. The Quarterly Consultation Meetings provide the forum to meet this requirement. During consultation, PNP schools are encouraged to share their professional development needs and provide feedback on Title II Part A services.
  Do campuses have to attend an individual quarterly consultation meeting?
New Mexico School Districts is required to provide PNP schools with timely and meaningful opportunity for consultation. Attendance is recommended because the needs of PNP schools may change throughout the year and programs may need to be adjusted to reflect those changes. PNP schools may choose not to attend each quarterly consultation meeting if they feel that their needs are being adequately addressed. However, if a PNP school chooses not to participate in an individual consultation meeting, then NEW MEXICO SCHOOL DISTRICTS requests that an email be sent stating that the PNP school's needs are currently being addressed and that no changes to the current program are needed. This will help to ensure that the PNP school's needs are not inadvertently overlooked.
  Can you provide quarterly budget balances for each school and the Department of Catholic Schools (DCS)?
Quarterly budget balances for each school and the DCS will be shared and discussed at individual quarterly consultation meetings. In addition, budget balances are available to each school and the DCS at any time. Balances will be provided via email upon request.
  Is the professional learning lesson plan required?
The Professional Learning Lesson Plan is not required but recommended to use as a resource for principals/administrators to use to identify how teachers implement the strategies they learn from attending professional learning opportunities.
  Can I use something that I already use in place of the Professional Learning Lesson Plan form?
Yes, if you already have a form or method that works better for you, it may be used instead of the Professional Learning Lesson Plan form.
  Why does this need to be available for New Mexico School Districts to review?
This will need to be available to provide evidence in case of an audit to confirm that the professional learning sessions that teachers attend are part of a sustained and ongoing professional development plan as required by the Title II Part A guidelines.
Substitutes:
  Can Title I Part A funds be used to pay for substitutes for private school teachers to attend PD?
Title I or II Part A funds may not be used to pay for PNP substitutes or PNP teacher salaries.
  Based on equitable services, if New Mexico School Districts pays for substitutes for teachers to attend PD, then why aren't funds allowed for private schools to pay for substitutes?
According to ONPE (Office Non-Public Education), due to legal implications, substitute pay is not allowable for use with Title II Part A funds for PNP schools. Legislation would need to be passed in order for this to change.
Stipends:
  Can teachers get stipends for attending PD on Saturdays or Fridays after hours?
Teachers are eligible to receive a stipend from their school's Title II Part A budget allocation for attending professional learning sessions that occur beyond their normal contracted hours if it meets the needs of the PNP school and is reasonable and necessary.
  How much will stipends be?
Title II, Part A funds may be used to pay for stipends for private school teachers, as reasonable and necessary.
  Can we have a voice in the decision process?
New Mexico School Districts will work with the PNP school to determine if stipends are reasonable and necessary to carry out the objectives of the grant and the fair and equitable rate to be used.
US Department of Education Private/Non Public Schools FAQ :
  Does the U.S. Department of Education offer scholarships or other forms of financial assistance to pay tuition for students to attend private elementary or secondary schools?
In general, the federal government does not provide scholarships or other forms of financial assistance that directly pay the tuition for a student to attend a private elementary or secondary school. However, the U.S. Department of Education has one program, the D.C. School Choice Incentive Program, that awards funds to a private entity to provide scholarships for private school tuition, fees and transportation expenses for students who meet certain eligibility criteria. Through this program, students from low-income families residing in the District of Columbia may receive such scholarships to attend private elementary or secondary schools in Washington, D.C. To learn more about the D.C. School Choice Incentive Program, visit the Department of Education's web site at: http://www.ed.gov/programs/dcchoice/index.html.

Usually, the best place to start looking for information about scholarships or other financial aid is the school or schools that your child attends or is considering attending. Ask school officials if they offer financial assistance and if they have recommendations for other potential sources of aid. You may also want to search the internet for organizations that provide information about financing private education.
  Does the U.S. Department of Education provide funds for building, starting, or operating private elementary and secondary schools?
In general, the U.S. Department of Education does not have programs that provide funds for building, starting, or operating private elementary and secondary schools.

An exception to this was the School Renovation Program, which provided federal assistance to high-poverty public and private schools located within a local education agency (LEA) that received a school renovation grant. Eligible schools could receive certain types of renovations, primarily modifications that allowed the school to meet the standards applicable to schools under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, and for asbestos abatement and removal. Funds for multi-year projects that were authorized under this program by the Department of Education Appropriations Act of 2001 expired on Sept. 30, 2007.
  Does the U.S. Department of Education provide services and benefits to private elementary and secondary school students and teachers and, if so, how do students and teachers get access to them?
Certain federal education programs under the ESEA, (See question 4.) and IDEA (See question 5.) provide services and benefits to private school students, teachers and, in some programs, parents (as distinct from schools) and require that such services be provided equitably compared to services provided to students and teachers in public schools. LEAs, normally the local public school districts, are responsible for implementing these programs on behalf of private school students and teachers. Under these programs, control of funds remains with the LEA.
  Which programs provide services to private elementary and secondary school teachers and students under ESEA?
Under ESEA, as amended by NCLB, there are 12 programs that require the equitable participation of private school students, teachers and, in some programs, parents. The programs are:

Title I - Improving the Academic Achievement of the Disadvantaged
  • Improving Basic Programs Operated by LEAs [Part A]
  • Reading First [Part B, Subpart 1]
  • Even Start Family Literacy [Part B, Subpart 3]
  • Migrant Education [Part C]
Title II - Preparing, Training and Recruiting High-quality Teachers and Principals
  • Teacher and Principal Training and Recruiting Fund [Part A]
  • Mathematics and Science Partnerships [Part B]
  • Enhancing Education Through Technology [Part D]
Title III - Language Instruction for LEP and Immigrant Students
  • English Language Acquisition, Language Enhancement, & Academic Achievement [Part A]
Title IV - 21st Century Schools
  • Safe and Drug-Free Schools and Communities [Part A]
  • 21st Century Community Learning Centers [Part B]
Title V - Promoting Informed Parental Choice and Innovative Programs
  • Innovative Programs [Part A]
  • Gifted and Talented Students [Part D, Subpart 6]
For more information about these programs and to review a related informational publication, The No Child Left Behind Act of 2001: Benefits to Private School Students and Teachers, visit: http://www.ed.gov/nclb/choice/schools/privbenefits/index.html.
  How are services provided to private elementary and secondary school students with disabilities under IDEA?
Under IDEA, LEAs must expend a proportionate share of federal IDEA funds to provide special education and related services to parentally placed private school children with disabilities in programs assisted by or carried out under Part B of IDEA. LEAs are required to consult in a timely and meaningful manner with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for these children. However, no parentally placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school. Additional information on IDEA and services to parentally placed private school children with disabilities is located at: http://idea.ed.gov/explore/ view/p/%2Croot%2Cdynamic%2CTopicalArea%2C5%2C.
  How do I access U.S. Department of Education programs that serve students and teachers in private elementary and secondary schools?
In most cases, the LEA directly contacts officials of private schools located within its boundaries to begin the consultation process with school officials on key issues that are relevant to the equitable participation of private school students, teachers and, in some cases, parents in federal education programs. If this does not occur, private school officials should contact the LEA in which their private school is located and ask to speak to the individual(s) responsible for administering federal education programs.
  Are there any U.S. Department of Education grants that a private elementary and secondary school may apply for directly?
Yes. There are some grants for which private schools and faith-based and community organizations may apply. These grant programs are generally narrow in focus and address specific needs and concerns. To the extent that a private school meets the eligibility requirements for a program (generally as set forth in the statute or regulations), the school may apply directly for these grant funds. In this case, the private school receives funds in return for providing certain services. If a private school is awarded such a grant, it then becomes a recipient of federal financial assistance and is subject to the laws and regulations that apply to recipients, including federal civil rights laws. (See question 9.)

To find out more about these programs, visit the U.S. Department of Education's Center for Faith-Based and Community Initiatives at: http://www.ed.gov/faithandcommunity. Additionally, for information about the eligibility of faith-based organizations to participate in U.S. Department of Education programs refer to the Education Department General Administrative Regulations (34 CFR 75.52 and 76.52).
  May a private elementary or secondary school become a provider of Supplemental Educational Services (SES), and be paid for providing SES?
Yes. Under Title I of the ESEA, private schools are eligible to become approved providers of SES and to receive payment for providing such services. Supplemental education services are tutoring and other academic enrichment provided outside of the regular school day to eligible public school students to help improve achievement in reading, language arts, and mathematics. Private schools are the providers only; their students are not eligible for the SES that they provide to public school students. Private schools interested in becoming SES providers should apply to their state education agency (SEA). For more information on becoming an SES provider visit the U.S. Department of Education's web site at: http://www.ed.gov/nclb/choice/help/ses/privschools.html.
  Are private elementary and secondary schools whose students or teachers receive equitable services under ESEA or IDEA considered to be "recipients of federal financial assistance"?
No. Private schools whose students and teachers receive equitable services under ESEA or IDEA are not considered recipients of federal financial assistance. These programs are considered to be operated for the benefit of students and teachers in private schools, not for the benefit of the private schools themselves. As a result, certain requirements that apply to recipients (which may include certain civil rights requirements and the military recruiter requirements discussed in question 10) do not apply to private schools by virtue of their students or teachers receiving equitable services under ESEA or IDEA. However, if a private school otherwise receives federal financial assistance, including a grant or subgrant of federal funds to implement a federal education program, the school would be considered a recipient.

If a private school is a recipient of federal financial assistance, that school is subject to the federal civil rights laws prohibiting discrimination based on race, color, national origin, sex, disability, and age. If a private school is not a recipient, but the private school's students and teachers receive equitable services under ESEA or IDEA, the LEA involved remains responsible for ensuring that there is no discrimination with respect to the federal education program.
  Are private secondary schools subject to the military recruiter requirements?
In general, the military recruiter requirements dictate that LEAs receiving assistance under the ESEA give military recruiters the same access to secondary school students as they provide to postsecondary institutions or to prospective employers. LEAs are also generally required to provide students' names, addresses, and telephone listings to military recruiters, when requested, unless a parent has opted out of providing such information.

Private secondary schools are subject to the military recruiter requirements only if they receive funds under the ESEA. Private schools that do not themselves receive any ESEA funds, but whose students or teachers receive services under ESEA programs, are not considered to be recipients of funds and are not subject to the military recruiter requirements. Private schools that enroll and serve publicly funded students are not subject to the requirements if they do not receive ESEA funds. Private schools that receive funds under ESEA but maintain a religious objection to service in the armed forces that is verifiable through the corporate or other organizational documents of that school are not required to comply with this requirement. For more information about the military recruiter requirements, visit: http://www.ed.gov/policy/gen/guid/fpco/hottopics/ht-10-09-02a.html.
  May children who are schooled at home receive services from federal education programs under ESEA and IDEA?
In general, the extent to which homeschooled children may participate in these programs depends on how a state recognizes a homeschool. If a state recognizes a homeschool as a private school, the homeschooled students would be eligible to receive benefits and services similar to those received by their private school counterparts.
  I am interested in starting a private elementary or secondary school. Must I contact the U.S. Department of Education?
No. The U.S. Department of Education does not regulate or control this aspect of private schools. In other words, you do not need the permission or approval of the U.S. Department of Education to start a private school. Most of the laws and regulations you will need to follow are from state and local governments. Because states differ in how they regulate schools, you should inquire at your state Department of Education regarding laws, regulations, and policies that will affect opening and operating a private school. Information on state departments of education is located on the U.S. Department of Education's web site at: http://www.ed.gov/about/contacts/state/index.html.
  Does the U.S. Department of Education have a list of private elementary and secondary schools?
The National Center for Education Statistics (NCES), part of the U.S. Department of Education's Institute of Education Sciences, has an online data bank that allows searches for private schools according to many criteria, including the type of school, location, and affiliations. Information posted on the Private School Search site was obtained from those private schools that responded to the Private School Universe Survey (PSS) conducted by NCES. To access the Private School Search site, visit: http://nces.ed.gov/surveys/pss/privateschoolsearch.
  Does the U.S. Department of Education accredit private elementary or secondary schools? Does it recognize accrediting bodies for such accreditation?.
No. The U.S. Department of Education does not have the authority to accredit private or public elementary or secondary schools, and the Department does not recognize accrediting bodies for the accreditation of private or public elementary and secondary schools. However, the U.S. Department of Education does recognize accrediting bodies for the accreditation of institutions of higher (postsecondary) education. If an accrediting body that is recognized by the Department for higher education also accredits elementary and secondary schools, the Department's recognition applies only to the agency's accreditation of postsecondary institutions.
 
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