Information

May 1, 2009

TO THE ADMINISTRATOR ADDRESSED:

Subject: Change in Procedure for Complying withTitle I, Part A, Comparability of

Services Requirement

The purpose of this letter is to notify all local education agencies (LEAs) that receive

TitleI, Part A, funding of an important change in the procedure for complying with the

Title I, Part A, Comparability of Services requirement. The change in procedure, which has to do with the way campuses are grouped within grade spans for comparison, could impact your local budgets for the 2009-2010 school year. As you develop your local budgets for 2009-2010,be sure totake this important informationinto account.

Title I, Part A, Comparability of Services Requirement

Section 1120A of the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act (NCLB), provides that anLEA may receive Title I, Part A, funds onlyunder the following condition:In each Title I, Part A, campus,the LEAmust use state and local fundsto provideservicesthat are at least comparable to services that, taken as a whole, an LEA provides to campusesnot receiving Title I, Part A, funds. Ifan LEA serves all of its campuses with Title I, Part A, funds, the LEA must use state and local funds to provide services that, taken as a whole, are substantially comparable in each Title I, Part A, campus. This requirement ensures that each of an LEA’s Title I, PartA, campuses receives an equitable share of the state and localresources that would flow to it even in the absence of Title I, Part A, funding.

Prior TEA Guidance on Grade-Span Groupings

In the past, the Texas Education Agency (TEA) allowed that magnet schools,as well as specialized schools that appeared to be unlike other campuses in a school district grade span, could be treated in one of the following ways:

  • The school could be excluded from the comparability requirement because it was not comparable with other campuses in a similar grade span, or
  • The school could be compared with other like campuses in a grade span grouping.

As a result of a recent USDE finding, however, TEA is changing the guidance offered to LEAs on grade-span groupings.

Current, Updated TEA Guidance on Grade Span Groupings

In January 2008, as a result of a monitoring visit to Texas, the U.S. Department of Education(USDE) provided additional guidance on the issue of grade-span grouping. The USDE found as follows:

Although section 1120A(c)(1)(B) of the ESEA provides flexibility by allowing an LEA to meet the comparability requirement on a grade-span basis, the grade-span breakout must be one that results in each Title I school receiving the amount of State and local resources to which it is entitled. Breaking out schools within the same grade span into separate groupings (sometimes with only one school in a grouping) for comparison purposes does not produce a valid comparison that meets the intent and purpose of section I 120(A)(c). [emphasis added]

As anexample, considerthe following example of an LEA that has fourgrade 6-8campuses, two of whichthe LEA identifies as magnet schools:

  • In the past, TEA guidance allowed for the LEA to break out the two magnet schools as a separate grade-span grouping from the other two grade 6-8 campuses.
  • TEA’s current, updated guidance, issued as a result of the USDE’s January 2008 finding, states that all four campuses must be included in the same grouping for comparison. The magnet schools may not be broken out as a separate grouping.

Annual Comparability Submission

Every year, LEAs that participate in Title I, Part A,are required to submit comparability information to prove their compliance with the Title I, Part A, Comparability of Services requirement. LEAsmust conduct comparability testing and submit their comparability data on the Title I, Part A, Comparability Computation Form (CCF), an electronic form provided by TEA.

LEAs with Title I, Part A, campuses are encouraged to begin preparations now for completing the CCF for school year 2009-2010 in accordance with TEA’s current, updated guidance on grade-span groupings. The CCF for school year 2009-2010 will be made available in early September 2009.The deadline for submitting the CCF to TEA is December 4, 2009. LEAs will use their latest budgeted data to complete the CCF.

If you have any questions, please direct them to Dina Hernandez in the Division of Formula Funding at (512) 463-8525, or email .

Sincerely,

Ellsworth Schave

Senior Director, Division of Formula Funding

cc:Cory Green