Title I, Part D, Subpart 1 (ESSA Section 1401): Program Purpose
The purpose of Title I, Part D, Subpart 1 is:
To improve educational services for children and youth in local, tribal, and state institutions for neglected or delinquent children and youth so that such children and youth have the opportunity to meet the same challenging state academic standards that all children in the state are expected to meet;
To provide such children and youth with the services needed to make a successful transition from institutionalization to further schooling or employment; and
To prevent at-risk youth from dropping out of school, and to provide dropouts, and children and youth returning from correctional facilities or institutions for neglected or delinquent children and youth, with a support system to ensure their continued education and the involvement of their families and communities.
Title I, Part D, Subpart I — State Agency Programs
Agencies operate educational programs for children and youth in institutions or community programs for neglected or delinquent children and youth in adult correctional facilities.
State Agency Eligibility
A state agency is eligible for assistance under this subpart if the agency is responsible for providing free public education for children in facilities for neglected or delinquent children, community day programs, or adult correctional facilities.
To be eligible to participate in state agency programs, students must be youth under age 21, entitled to a free public education not above the twelfth grade, and enrolled in a regular program of instruction at an eligible institution or community day program for twenty hours per week or fifteen hours per week in an adult correctional facility.
Regular Program of Instruction
A regular program of instruction is an educational program (not beyond grade 12) in an institution or a community day program for neglected or delinquent children that consists of classroom instruction in basic school subjects such as reading, mathematics, and vocationally oriented subjects, and is supported by non-federal funds. Neither the manufacture of goods within the institution or community day program nor activities related to institutional maintenance are considered classroom instruction.
Title I, Part D, Subpart 2 (ESSA Section 1421): Program Purpose
The purpose of the Title I, Part D, Subpart 2 is to support local education agency (LEA) programs that collaborate with local correctional facilities for delinquent youth. These programs shall be designed to:
To carry out high quality education programs to prepare children and youth for secondary school completion, training, employment, or further education;
To provide activities to facilitate the transition of such children and youth from the correctional program to further education or employment; and
To operate programs in local schools, including schools operated or funded by the Bureau of Indian Education, for children and youth returning from correctional facilities, and programs which may serve at-risk children and youth.
Local Education Agency Eligibility
Local education agencies with high numbers or percentages of children and youth residing in locally operated correctional facilities not operated by the state are eligible to receive funds under this subpart. The state education agency shall notify LEAs within the state of their eligibility to receive a subgrant under this subpart
Purpose of the Annual Count
ED uses the "Annual Report of Children in Institutions for Neglected or Delinquent Children, Adult Correctional Institutions, and Community Day Programs," which is sometimes referred to as the "Annual Count," the "Annual Child Count Survey," or the "October Count," to collect the following information:
The number of children 20 years of age or younger enrolled in a "regular program of instruction"
The number of children and youth 5 to 17 years of age residing in local institutions for delinquent children and youth or in local adult correctional facilities (Local educational agency count).
ED uses this information to determine the amount of funding allocated annually to States under the Title 1, Part D, Subpart 2, program in eligible state-funded institutions for children and youth who are N or D, adult correctional institutions, and community day programs for children who are N or D (State agency count).
ED determines State allocations for the Subpart 1 program on the basis of this information. Therefore, completing the Annual Count correctly is imperative, because counts directly affect how Federal funding for children and youth who are neglected, delinquent, or at risk are allocated.
The count data must also be complete, accurate and well-documented because it is subject to audit by ED. For example, ED staff check for significant changes in Annual Counts reported by LEAs and SAs between the past year and the current year. ED also reviews county-based foster care counts from the U.S. Department of Health and Human Services against counts of children and youth who are neglected reported by LEAs, for possible counting errors.
As a result of the ongoing challenges related to the novel Coronavirus Disease 2019 (COVID-19), the U.S. Department of Education has granted Arizona and its subgrantees a waiver, pursuant to section 8401 of the Elementary and