Dallas ISD now intends to violate the agreement it made with a federal court and its own policy (AE Local) that includes the Declaration of Commitments and Covenants upon release from court supervision.
Dallas ISD Learning Center desegregation waivers have been approved by TEA every year since the District was released from court supervision on June 5, 2003 and the Declaration of Commitments and Covenants adopted by the Board.
Only now is misinformation being given about the history of this issue.
Section 1113 (a)(7) of the federal No Child Left behind Act of January 8, 2002 states:
"WAIVER FOR DESEGREGATION PLANS -- The Secretary may approve a local educational agency's written request for a waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if ..."
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To: Dina Hernandez
School/Dept: Division of Formula Funding
Phone: (512) 475-8525 ___________________
Fax: (512) 463-7915
From: Christina Campos
Department: Budget Services
Phone: (972) 925-3661
Fax: (972) 925-3365
Date: February, 1 2009
Pages: 3
(Including cover page)
Comments: The attached submittal letter reflects method used to determine comparability. Also attached is the signed the Comparability Assurance Document.
The completed Title I, Part A Comparability Computation Form is being e-mailed today.
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February 2, 2009
Dina Hernandez,
Division of Formula Funding
Texas Education Agency
1701 North Congress
Austin, Texas 78701
Dear Ms. Hernandez:
Title I, Part A Comparability Computation Forms are being transmitted via e-mail.
Data reflecting the number of enrollments and non-federal instructional full-time equivalent positions (FTE’s) were extracted from the preliminary PEIMS October 2008 snapshot data and is included in this report. Some of the non-federal instructional staff were included as central staff even though they are allocated to the campuses on an as needed basis and were not included in the PEIMS data. These employees have been prorated to the campuses, based on student enrollments, for the purpose of determining comparability. Campuses with pre-kindergarten enrollments were analyzed to determine whether instruction was provided on a full-day or half-day basis so that similar campuses could be compared.
The Magnet, Learning Centers, Vanguards, Montessori’s, Academies, Alternative, Vanguard/Academies, and Internal Charter schools have been excluded from the comparability calculations. The court desegregation orders of 1971, 1989, and 1993 mandated that additional resources be provided to these campuses in order to equalize the educational needs of students’ districtwide. In November 2002 the district’s Board of Trustees adopted a list of commitments that would be followed if the district were released from court-ordered supervision. In June 2003 the district was released from the federal desegregation court order with the Court partly basing its decision on the adoption by the board of the Commitments and Covenants. Data has been provided on these campuses for information purposes only (see 2007-2008 Campuses Excluded From Comparability.xls). A copy of the Declaration of Commitments and Covenants Upon Release from Court Supervision is enclosed.
If you have any questions concerning this issue, please contact me at (972) 925-3802.
Sincerely,
Steven Korby
Executive Director of Financial Services
Budget Services
Attachments
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December 1, 2005
Mr. Thomas E. Manley, CPA
Division of Formula Funding
Texas Education Agency
1701 North Congress
Austin, Texas 78701
Dear Mr. Manley:
Title I, Part A Comparability Computation Forms are being transmitted via e-mail. Dallas ISD is submitting a total of 24 forms for the grade spans listed in the attached.
Data reflecting the number of enrollments and non-federal instructional full-time equivalent positions (FTE’s) were extracted from the preliminary PEIMS October 2005 snapshot data and is included in this report. Some of the non-federal instructional staff were included as central staff even though they are allocated to the campuses on an as needed basis and were not included in the PEIMS data. These employees have been prorated to the campuses, based on student enrollments, for the purpose of determining comparability. Campuses with pre-kindergarten enrollments were analyzed to determine whether instruction was provided on a full-day or half-day basis so that similar campuses could be compared.
The Magnet, Learning Centers, Vanguards, Montessori’s, Academies, Alternative, Vanguard/Academies, and Internal Charter schools have been excluded from the comparability calculations. The court desegregation orders of 1971, 1989, and 1993 mandated that additional resources be provided to these campuses in order to equalize the educational needs of students’ districtwide. In November 2002 the district’s Board of Trustees adopted a list of commitments that would be followed if the district were released from court-ordered supervision. In June 2003 the district was released from the federal desegregation court order with the Court partly basing its decision on the adoption by the board of the Commitments and Covenants. Data has been provided on these campuses for information purposes only (see 2005-2006 Campuses Excluded From Comparability.xls). A copy of the Declaration of Commitments and Covenants Upon Release from Court Supervision is enclosed.
If you have any questions concerning this issue, please contact me at (972) 925-3655.
Sincerely,
Division Manager
Budget Development and Control Services
Attachment
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There is an additional exclusion in the federal No Child Left behind Act of January 8, 2002 - Section 1120A(d) - Fiscal Requirements:
(d) Exclusion of funds - For the purposes of complying with subsections (b) and (c), a State educational agency or local educational agency may exclude supplemental State or local funds expended in any school attendance area or school for programs that meet the intent and purposes of this part.
Learning centers meet both the Section 1120A(d) exclusion and the Section 1113 (a)(7) waiver for desegregation plans.
