Johnny Key

Commissioner of Education

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Title I, Part D - Delinquent Services

In 2002, the No Child Left Behind Act of 2001 (NCLB) was signed into law, with the mandate to "close the achievement gap with accountability, flexibility, and choice, so that no child is left behind."  Title I, Part D, of NCLB, also called The Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent or At-Risk, provides financial assistance to educational programs for youth in state-operated institutions or community day programs. The program also provides financial assistance to support school districts' programs involving collaboration with locally operated correctional facilities.  

The goals of Title I, Part D are to:

  1. (1) improve educational services for youth who are neglected, delinquent, and at-risk of involvement with the juvenile justice system so they have the opportunity to meet challenging state academic content and achievement standards;
  2. (2) provide them with services to transition successfully from institutional settings to further schooling or employment;
  3. (3) prevent youth from dropping out of school; and (4) provide a support system to ensure the continued education of youth who either have dropped out or are returning from correctional facilities.

Title I, Part D has Two Types of Funding: 

Subpart 1: This funding is available to state agency programs. The USDOE allocates funds for this subpart to State educational agencies based on the number of children and youth in state-operated institutions and the State’s average per-pupil educational expenditures. Once USDOE determines a state’s Subpart 1 allocation, the state educational agency makes subgrants to each state agency based on either (1) its proportionate share of the state’s adjusted enrollment count of children and youth who are Part D-eligible or (2) programs with the highest need.

Subpart 2: This funding is available to local education agencies (such as school districts) and facilities that reside within the boundaries of these agencies. USDOE allocates funds for this subpart to ADE based on October case-load data on the number of children and youth living in local institutions for delinquent children and at-rsk institutions. ADE has the option of awarding subgrants to eligible local educational agencies by formula or through a discretionary (i.e., “competitive”) grant process. Arkansas grants these funds to facilities who reported ten (10) or more eligibles during the reporting period. Contact State Part D coordinator for exceptions.

Expectations of Applicants:

Although requirements differ for Subpart 1 and Subpart 2 programs, all agencies receiving Part D funds are required to: 

  • Meet the educational needs of children and youth who are delinquent or at-risk of involvement in the juvenile justice system, and assist in the transition of these students from these facilities to locally operated programs 
  • Ensure that these students have the same opportunities to achieve as students in regular community schools
  • Evaluate the program and disaggregate data on participation by gender, race, ethnicity, and age, not less than once every 3 years-required yearly in Arkansas
  • Submit an application
  • Undergo bi-annual monitoring and a yearly desk audit


In order for students of a facility or state agency in Arkansas to receive services provided with Title I, Part D funds, the facility:

  • Must be licensed by the Arkansas Department of Human Services (DHS)
  • Must be in “good standing” with DHS’s monitoring office and the Arkansas Department of Education (ADE)
  • Must be defined as a delinquent facility based on original charter, certification information from DHS, or mission statement approved by facility’s board
  • Must have at least ten (10) students who are eligible for services during the reporting period; all students must be between the ages of 5 - 21 for Subpart 1 and 5 -17 for Subpart 2; contact state Part D coordinator for exceptions.
  • Must have completed the Neglected and Delinquent Survey for the previous year by appropriate deadline to be eligible for current year’s funding
  • Must have an average minimum stay of 30 days


Services from Title I, Part D funds, in Arkansas, are only available to residential delinquent facilities or at-risk facilities. Funding generated for Title I, Part D is determined through a formula based on census counts and data collected from the facility. This is called the Annual Count. The State Part D coordinator will work with both current and potentially funded agencies to identify children and youth who are delinquent. or at-risk. This report is required annually for all states. No sampling or estimating is allowed in preparation of the report. Since these data will generate Federal funds, they are subject to audit and must be supportable from documented records. 

Only students who meet the following are eligible to be counted:

  • Must be under the age of 21;
  • Must be one for whom a free public education is being provided; and
  • Must be enrolled in a regular program of instruction supported by non-federal funds for at least 20 hours per week; 15 hours per week for students in adult correctional facilities.

Title I funds generated by children in eligible facilities must supplement the number of hours of instruction they receive from state resources. The Annual Count is due from the facility the first Friday in December. Facility counts are submitted to ADE; ADE collects this data and submits a report to the USDOE. USDOE then uses these counts to determine allocations.

Preliminary amounts are released by the USDOE by May of each year and the Federal Grants Management office of ADE completes final allocations by the beginning of August. The allocation notifications usually follow in the form of a Commissioner’s Memo issued by ADE. The Commissioner’s Memo includes a list of eligible facilities and the school from which funding will flow. This school district will be the entity that takes fiduciary responsibility. Funds generated by the delinquent eligibles create a separate allocation for the school district or state agency and must be used to provide Title I services to children residing in these institutions.

Remember, grant amounts are based on data submitted the previous year. Grant awards are effective up to 27 months following the award date; however, funds may be reallocated for non-response, not meeting initial deadline, not heeding deadlines for follow-up information or failing to submit reports in a timely manner.


After Financial Grants Management (FGM) distributes a Commissioner’s Memo with final Title I allocations, Title I, Part D Application Packets will be mailed to all potential districts, State agencies, and facilities and are due 30 days after the release of the final allocations.

Application Packets contain the following information:

  • Cover Letter for Districts & State Agency OR Cover Memo for Facilities
  • Title I, Part D Application
  • Title I, Part D Application Rubric
  • Commissioner’s Memo announcing Title I allocations
  • Title I, Part D Law
  • Title I, Part D Non-Regulatory Guidance
  • Participation Form (separate for districts or State Agency & facility)
  • Seven Indicators for Comparability Report Sheet
  • Monitoring Guidesheet for New Applicants

Although applications are mailed to districts, state agencies, and the facility, the actual completion of the application is ultimately the responsibility of the district or state agency. There is an expectation that there will be significant collaboration with the facility.

Application Approval:

In Phase I, applications go through a preliminary review by administrative staff and involve the following items:

  • Contact Information
  • Proper Signatures
  • Budget & Budget Justification
  • Academic Performance Charts

Reviewers are checking for inclusion and mathematical accuracy.

In Phase II, applications are reviewed by the Title I office using a rubric. The reviewers will analyze the contents of your application, check for completeness and compliance with policies and federal laws, and provide written critiques.

After applications receive preliminary scoring, applications will then be forwarded to the Federal Grants Management office for FINAL budget and financial review. Upon approval, the Title I office will create grant award letters and the official application and grant award letter will be copied and sent to the school district or state agency and to the facility. Allow a minimum of 30 days for this process.

For more information, please contact:

Chandra Martin, Public School Program Advisor
Arkansas Department of Education
Division of Elementary and Secondary Education
Public School Accountability
Four Capitol Mall, Mail Slot #26
Little Rock, AR 72201
Phone: 501-683-5424
Fax: 501‐682‐5136

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