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Title I Part A - Sec. 1113


Supporting Documents

Eligible School Attendance Areas

Section 1113 refers to how LEAs must decide on the measure of poverty that will be used to identify eligible school attendance areas, determine the ranking of each area, and the allocations for each school that will be served. The rank order section only applies to LEAs with over 1,000 enrolled students or more than one school per grade span. All other LEAs below these thresholds may serve any eligible schools with Title I funds. This section also sets the rules for reservations of funds for programs such homeless, neglected, and delinquent students.

The measures of poverty that may be used for these determinations are: the number of children aged 5 through 17 in poverty counted in the most recent census data, the number of children eligible for a free or reduced price lunch, the number of children in families receiving assistance under SNAP (Supplemental Nutrition Assistance Program), TANF (Temporary Assistance for Needy Families), Medicaid, or a composite of such indicators, with respect to all school attendance areas in the local educational agency.



DETERMINATION

A local educational agency shall use funds received under this part only in eligible school attendance areas. For the purposes of this part, the term "school attendance area" means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and the term "eligible school attendance area" means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole.



RANKING ORDER

  • In General
    Except as provided in subparagraph (B), if funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall:
    • annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families
    • serve such eligible school attendance areas in rank order
  • Exception
    A local educational agency may lower the threshold in subparagraph (A)(i) to 50 percent for high schools served by such agency
  • Remaining Funds
    If funds remain after serving all eligible school attendance areas under paragraph (3), a local educational agency shall:
    • annually rank such agency's remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families<'li>
    • serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole.



LOCAL EDUCATIONAL AGENCY DISCRETION

Notwithstanding subsection (a)(2), a local educational agency may:

  • designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families
  • use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency
  • designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year
  • elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if:
    • the school meets the comparability requirements of section 1118(c)
    • the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of section 1114 or 1115
    • the funds expended from such other sources equal or exceed the amount that would be provided under this part

Notwithstanding paragraph (1)(D), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A).



ALLOCATIONS

A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under subsections (a) and (b), in rank order, on the basis of the total number of children from low-income families in each area or school.



RESERVATION OF FUNDS

A local educational agency shall reserve such funds as are necessary under this part, determined in accordance with subparagraphs (B) and (C), to provide services comparable to those provided to children in schools funded under this part to serve:

  • homeless children and youths, including providing educationally related support services to children in shelters and other locations where children may live
  • children in local institutions for neglected children
  • if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs.



REVIEW EXPECTATIONS

During the review, the School Selection section of the Consolidated Application will be used to ensure only eligible schools are served, that the LEA has selected the appropriate rank order choice and that the appropriate set-asides are present. The reviewer will determine if a school is eligible to be "grandfathered" in for one more year of eligibility, if applicable and if the appropriate set-asides have been taken.