This section provides a general overview of Title I, Part D, legislation and related policies and laws.
What is Title I, Part D?
The Title I, Part D, program (also called The Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent or At Risk) was most recently reauthorized under the Elementary and Secondary Education Act (ESEA), as amended in 2001. The Title I, Part D, Subpart 1 State agency N or D program was first authorized with P.L. 89-750, the Elementary and Secondary Amendments of 1966. The Title I, Part D, Subpart 2 local educational agency program came into being in its present form with the Improving America Schools Act of 1994.
Title I, Part D, is administered by the Office of Safe and Healthy Students (OSHS), under the federal Department of Education, Office of Elementary and Secondary Education (OESE). Earl Myers is the Federal Program Manager for the Title I, Part D, Neglected, Delinquent or At-Risk Program.
The goals of Title I, Part D, are to
- Improve educational services for these children so they have the opportunity to meet challenging State academic content and achievement standards;
- Provide them with services to successfully transition from institutionalization to further schooling or employment; and
- Prevent youth who are at-risk from dropping out of school, and to provide dropouts and children and youth returning from correctional facilities with a support system to ensure their continued education.
Under SEA programs (Title I, Part D, Subpart 1), States receive formula funds based on the number of children in State-operated institutions and per-pupil educational expenditures. Each State's allocation is generated by child counts in State juvenile institutions that provide at least 20 hours of instruction from nonfederal funds and adult correctional institutions that provide 15 hours of instruction a week. The SEA then makes subgrants to State agencies based on their proportional share of the State's adjusted enrollment count of neglected or delinquent children and youth.
Under local agency programs (Title I, Part D, Subpart 2), the SEA awards subgrants to districts with high numbers or percentages of children and youth in locally operated juvenile correctional facilities, including facilities involved in community day programs.
With Title I, Part D, funds come certain requirements and responsibilities on behalf of the State agencies and districts that receive the funds. State agencies and districts that conduct a program under Title I for children and youth who are N or D are required to
- Meet the educational needs of neglected, delinquent, and at-risk children and youth, and assist in the transition of these students from correctional facilities to locally operated programs,
- Ensure that these students have the same opportunities to achieve as if they were in local schools in the State, and
- Evaluate the program and disaggregate data on participation by gender, race, ethnicity, and age, not less than once every 3 years
Headquarters and Contact Information for Title I, Part D Programs
U.S. Department of Education
OESE Student Achievement and School Accountability Programs
400 Maryland Ave., S.W.
Washington, DC 20202-6132
E-mail Address: Earl.Myers@ed.gov
Telephone: (202) 245-7879
Statute & Regulations
There are several important resources that direct the administration and regulation of Title I, Part D, funding with which States and subgrantees should be familiar.
Title I, Part D Statute
The Title I, Part D, Statute can be found under Section 1401 of the Elementary and Secondary Education Act, amended in 2001 (ESEA) and provides the program authorization, purposes, grantee eligibility and application requirements, appropriate uses of funds, reporting requirements, and other program details.
- Access the searchable web-based version of the Title I, Part D, Statute
- Access the PDF of the ESEA, as amended in 2001
The Office of Management and Budget’s (OMB) Cost Circular A-87
This document establishes principles and standards for determining costs for Federal awards carried out through grants, cost reimbursement contracts, and other agreements with State and local governments and federally-recognized Indian tribal governments (governmental units). This resource is useful for understanding the use of Title I, Part D, funds, and the regulations contained within Title 34, Sections 200.90 and 200.91, of the Code of Federal Regulations.
- Access OMB Circular A-87
The Code of Federal Regulations (CFR) and Education Department General Administrative Regulations (EDGAR)
Each executive department and agency of the federal government, including the U.S. Department of Education (ED), publishes general and permanent rules in the Federal Register. Those general and permanent rules are codified in the Code of Federal Regulations (CFR). The code is divided into 50 titles that represent broad areas subject to federal regulation, with Title 34 representing Education. The Education Department General Administrative Regulations, or EDGAR, is codified at Parts 74-86 and 97-99 of Title 34 of the CFR. EDGAR includes regulations related to the administration of grants and agreements, intergovernmental review of ED grants and activities, protection of human subjects, and more.
- Access the Education Department General Administrative Regulations (EDGAR)
- Browse or search the entire Education Department CFR (Title 34 CFR)
Developed by ED, the Nonregulatory Guidance describes the requirements of the Title I, Part D, Subpart 1 State Agency and Subpart 2 local education agency programs and the evaluation requirements in Subpart 3. The guidance provides suggestions for addressing many of these requirements and does not impose any new requirements beyond those in the Elementary and Secondary Education Act and other applicable Federal statutes and regulations.
States may use the guidance in developing their own guidelines and standards; however, they are free to develop alternative approaches that meet applicable Federal statutory and regulatory requirements.
Related Policies & Laws
Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) is the Federal Government's special education law. IDEA provides supplementary Federal funds to assist States and local communities in providing educational opportunities for approximately 6 million students with varying degrees of disability who participate in special education. As a requirement for receiving IDEA Federal funding, States must offer free, appropriate public education in the least restrictive environment.
Statistically, students in a correctional facility are more than three times as likely to have a learning disability than their counterparts in general education. Some 33.4% of incarcerated juveniles have been identified to have a disability that qualifies them for special education and related services under IDEA, compared to roughly 10% of the general education population.(1)
- Read the official IDEA Legislation or visit ED’s Office of Special Education Programs (OSEP).
- Learn more about IDEA and the Juvenile Justice System
- Visit our Students with Special Needs page for more on special education.
(1) National Center on Education, Disability, and Juvenile Justice. (2005, February). EDJJ Notes, 4(1).
Family Educational Rights and Privacy Act (FERPA)
The prime piece of Federal legislation regarding the sharing of educational information is the Federal Family Educational Rights and Privacy Act of 1974 (FERPA) that was enacted in order to prevent the unnecessary disclosure of students’ educational records.
- Access the FERPA regulations
- Visit ED’s Family Policy Compliance Office Web site and the Privacy Technical Assistance Center.
- View the Federal Interagency Reentry Council’s FERPA Mythbuster
- Read the Office of Juvenile Justice and Delinquency Prevention’s 1997 Guide to the Family Educational Rights and Privacy Act and Participation in Juvenile Justice Programs