21ST CENTURY COMMUNITY LEARNING CENTERS REQUIREMENTS

AND FLEXIBILITY IN LIGHT OF THE WAIVER

Michael Brustein, Esq.mbrustein@bruman.comBrustein & Manasevit, PLLCFall Forum 2012

Agenda21st Century Community Learning Centers (21st CCLC)

ResourcesOverviewESEA FlexibilityTime and EffortGeneral Fiscal RulesCommon Monitoring Findings

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21st CCLC Resources 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 Program Overview

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What is the purpose?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 a Community Learning Center? Located in elementary or secondary schools, or other similarly

accessible facilities Provides a wide range of services to support student learning and

development, including: ◦ 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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Eligibility Requirements• Who can participate?• Students• Adult family members of participating students• Younger children who will become students at the

school being served

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21st CCLC Program Allowability RulesLocal Use of Funds

Remedial education activities and academic enrichment learning programs

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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21st CCLC Program Allowability RulesLocal 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

◦ Book clubs (encourage reading and writing for pleasure) 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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21st CCLC Program Allowability RulesPrinciples of Effectiveness• Programs or activities must be based on:• 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) B

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ESEA Flexibility 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)◦ ESEA Flexibility Guidance, p.2 (September 23, 2011)◦ http://www.ed.gov/esea/flexibility

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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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ESEA flexibility would not affect current subgrantees

◦Only entities selected after SEA runs next competition following receipt of waiver

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• If flexibility granted, funds may be used to support high-quality expanded learning time• e.g. supplemental science, reading, civics

or other supplemental academic enrichment in morning or afternoon to allow teachers time to collaborate B

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Does supplement not supplant apply to expanded learning time under ESEA flexibility

YES!!! Bru

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21st CCLC Program Fiscal Rules

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Time and Effort Rules

• Identify the number of cost objectives!!• If one cost objective:• Semi-annual Certification

• If two or more cost objectives• PARs

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Hypo #1

Employee works only on 21st Century, and paid with fed $:◦3 to 6 pm five days a week◦Expanded learning time 1 to 6pm

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Hypo #2

• Employee works only on 21st Century paid with federal and nonfederal $

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Hypo #3

• Employee works on Title I from 7:00am to 3:00pm, 21st Century from 3:00 to 6:00pm.

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Hypo #4

• 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 #5

• 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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21st Century Fiscal Rules (continued)What else can be charged to the 21st CCLC Grant?Indirect Costs

◦ If you have an approved rate that can distinguish costs for each program

◦ Restricted Indirect Cost RatePre-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 B

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Charge a Fee?

YES, however:Must offer a sliding scale of fees and scholarships for those who cannot afford the programIncome collected from fees must be used to fund program activities specified in the grant application

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21st CCLC Carryover SEA has discretion

◦ 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 Bru

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Common Findings

• Common 21st CCLC monitoring 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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Questions

Disclaimer

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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