Facility Eligibility
The U.S. Department of Education has recently advised states to ensure that all facilities meet eligibility requirements, per 34 C.F.R. § 200.90, which defines eligible institutions for delinquent youth as “a public or private residential facility that is operated primarily for the care of children and youth who have been adjudicated to be delinquent or in need of supervision.”
Over the last couple years, the U.S. Department of Education is finding facilities that do not meet the eligibility requirements because they do not primarily care for adjudicated youth. In practical terms, we must ensure that all facilities in Kentucky primarily serve adjudicated youth. This means that if a facility served 100 students, at least 51 of those students must have been adjudicated, or court ordered, to reside in the program in order for the facility to comply with federal regulations regarding facility eligibility.
KDE staff will begin by referencing facilities’ websites to ensure their purpose is to primarily serve adjudicated youth. Then KDE staff will reference the Kentucky Educational Collaborative for State Agency Children membership report to verify that all facilities meet eligibility requirements, specifically confirming that the majority of the youth they serve have been adjudicated to be delinquent or in need of supervision.
KDE will not make any funding changes for the fall 2025 Child Count, but we will notify any facilities on the cusp of losing eligibility and provide technical assistance to them before we update their eligibility for the fall 2026 Child Count. Please reach out with any questions or concerns to Wes Blake or Monica Higgins.
New Title I, Part D Nonregulatory Guidance
On Dec. 20, 2024, the U.S. Department of Education released the updated Title I, Part D non-regulatory guidance Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk.
This updated guidance addresses key program requirements for the educational provisions for students who are neglected, delinquent or at-risk under Title I, Part D, of the Elementary and Secondary Education Act of 1965. It takes the form of frequently asked questions to help ensure that students in state and local facilities for neglected and delinquent children receive the necessary resources to thrive academically.
This guidance is intended to be used in conjunction with the applicable statute and regulations, including the Education Department General Administrative Regulations (EDGAR) in 34 C.F.R. Part 76 and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), 2 C.F.R. Part 200.
What questions or observations do you have about the updated nonregulatory guidance? Feel free to share your thoughts on the Google Class site. If you’re not already following, you can join the subpart 1 class or the subpart 2 class.
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