Title I, Part D Nonregulatory Guidance

On December 20, 2024, ED released the updated Title I, Part D non-regulatory guidance. See online for the guidance entitled Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk: Non-Regulatory Guidance.

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 from State educational agencies, State agencies, local educational agencies, and their partners to help ensure that students in State and local facilities for neglected and delinquent children receive the necessary resources to thrive academically.

If you have questions or require further assistance, please contact your TA provider at ndtac@longevityconsulting.com or the Title I, Part D program office at TitleI-D@ed.gov.

Purpose of the Guidance

The Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk, is authorized by Title I, Part D of the Elementary and Secondary Education Act of 1965 (ESEA) and was most recently amended in 2015 by the Every Student Succeeds Act (ESSA). 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.

Purpose of the Title I, Part D Program

1. To improve educational services for children and youth in local, Tribal, and State institutions for neglected or delinquent children and youth so that these children and youth have the opportunity to meet the same challenging State academic standards that all children and youth in the State are expected to meet;
2. To provide these children and youth with services to enable them to transition successfully from institutionalization to further schooling or employment; and
3. To prevent at-risk youth from dropping out of school as well as to provide dropouts and children and youth returning from correctional facilities or institutions for neglected or delinquent children and youth, with a support system to ensure their continued education and the involvement of their families and communities. (ESEA section 1401(a)).

Title I, Part D Subparts

Title I, Part D consists of two distinct programs, one for State agency (SA) programs and another for local agency programs.

1. State Agency Programs For Neglected And Delinquent Children (Subpart 1, covered in Section II): funds SA programs for children and youth living in institutions for neglected or delinquent children and youth, attending community day programs for neglected or delinquent children and youth, or living in adult correctional institutions.
2. Local Agency Programs For At-Risk Youth (Subpart 2, covered in Section III): a State educational agency (SEA) awards subgrants to local educational agencies (LEAs) to serve children and youth who are in locally operated correctional facilities or are attending locally operated community day programs for delinquent children and youth. An LEA may also use Subpart 2 funds to operate programs in local schools for children and youth returning from correctional facilities and programs that serve at-risk children and youth.

Title I, Part D also provides guidance on Program Evaluations (Subpart 3, covered in section IV), which requires SAs and LEAs to evaluate their programs at least once every three years to determine, by using multiple and appropriate evaluation measures, the programs’ effects on student achievement.