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Blaschke on Federal Funding
New State Plan Regulations Likely to be
Another Blow Against Technology
On May 22, the U.S. Department of Education published final regulations
states must follow in submitting their consolidated plans for implementation
of all ESEA titles, except Reading First. When the draft regulations
became available earlier this year, many state technology directors
were concerned that it would be the Title I office, not the technology
office, that would take the lead role in developing the plan. The
final regulations create an even greater concern. Under the goal
that all students reach standards of proficiency or better by 2012,
one of the four initial indicators -- the percentage of students
that meet or exceed state standards for student literacy in technology
-- has been removed.
With this indicator deleted, states do not have to report annually
on progress in this area -- even though provisions of the new ESEA
discuss reporting on technology progress explicitly. Also removed
were indicators of the percentages of teachers qualified to use
technology in the classroom and of students with access to network
computers. According to Small Axe Communications' Title I Reports,
In each case USED agreed with criticism that these indicators
are not related directly enough to achievement and that it will
be difficult to collect reliable and useful data.
In light of state budget deficits, an even greater slice of formula
technology funds under Title II D (50 percent are transferable)
will likely be moved into areas such as Title I and Title V. As
noted in previous columns, transfers into Title I schoolwide programs
require no separate accounting; hence, teachers paid last year by
local funds could now be designated as Title I teachers and be paid
out of Title I funds. Under Title V, which has been a block grant
since it was created in 1982, such funds can be used to purchase
just about any product or service that relates to innovation and
school reform.
In addition, the final regulations include a new requirement:
States must specify how they'll remove fiscal and accounting barriers
in order to allow schoolwide programs full flexibility in commingling
federal and other funds -- without having to report separately how
such funds are spent. To many states and districts, this is an open
invitation to transfer up to 50 percent of all ESEA titles except
Title I into Title I schoolwide programs, allowing them to violate
the 30-year-old traditional requirement that federal funds be used
to supplement, not supplant state and local funds. The
good news is that more federal funds will be allocated to existing
and new Title I schoolwide programs; these can be used to purchase
appropriate technology-based products and services.
Several TURNKEY surveys over the last five years have found that
state education agencies are one of the major barriers to districts
that want to commingle Title I with other federal funds, including
those from the Individuals with Disabilities Education Act. (This
has been allowed under the law since 1997.) SEAs have required local
education agencies to maintain program-by-program records of expenditures
made by or on behalf of schoolwide programs, including funds for
services to specific groups of students. Reflecting the findings
from two GAO reports in the late 1990s, the final regulations state,
These procedures have acted as the very barriers that have
prevented schools from exercising the flexibility that they were
intended to have and, we believe, have thereby inhibited the ability
of school administrators and teachers in these schools to use Title
I, Part A schoolwide authority to increase achievement of all students
in the school.
There were approximately 18,000 schoolwide programs in Title I
during the last school year. Next school year, that number could
be well more than 30,000--as the threshold level to qualify will
drop from 50 percent to 40 percent poverty enrollment --with a total
Title I increase of more than $2 billion. Even more than in the
past, Title I schoolwide programs should be priority one targets
for firms whose products are designed to teach basic skills, provide
remediation, and provide online assessment and specific intervention
instructional strategies.
The final regulations also will help generate a higher demand
for limited-English-proficient (LEP) students' language skills programs
and services and for effective ways to assess these students' progress.
The law is very clear that LEP students must be provided English
language acquisition skill development and that such progress must
be reported annually. The final regulations also require states
to report annually the percentage of LEP students who are at or
above proficient levels in reading and math on state assessments.
Consolidated plans states submit in 2003 must indicate they'll provide
assessments written in languages other than English, and that they
have implemented assessments of English language proficiency in
the 2002-2003 school year, as well as a timeline for establishing
annual achievement objectives in state reading and math content
standards. English language acquisition skills -- including speaking,
listening, reading, writing, and comprehension -- must be addressed
in any instrument developed or selected by the state.
Because the final regulations were not published until May 22,
with state applications due 20 days later, many states did not have
enough time to make the necessary changes; some will have to revise
portions of their plan submitted previously, under the draft regulations.
Question, ideas, or in need of more information?
Please contact Dave Gladney at 856-241-7772 or dgladney@AEPweb.org. |
The final regulations on consolidated plans were published in the Federal
Register May 22, 2002. |