B&M Queries to ED

Brustein & Manasevit Queries to the U.S. Department of Education
and the Department's Responses

No Child Left Behind Act

• Clarification on Period of Allowability for Funds Transferred into Title V (June 2, 2009)
  • ED Response (June 29, 2009)
• Clarification Regarding Whether a Stand Alone Summer Program May Qualify as an SES Provider (February 6, 2009)
  • ED Response (April 10, 2009)
• Clarification on Adequate Yearly Progress Under the Safe Harbor Provision (January 8, 2009)
  • ED Response (None)
• School Choice Transportation (October 17, 2008)
  • ED Response (December 10, 2008)
• Clarification on the Definition of Recently Arrived LEP Students (July 22, 2008)
  • ED Response (July 28, 2008)
• School Eligibility Under Section 1003 of ESEA (December 12, 2007)
  • ED Response (May 1, 2008)
• Charging Tuition to non-Title I Students Participating in Schoolwide Title I preschool Programs (October 2, 2007)
  • ED Response - (March 5, 2008)
• B&M Query - Use of Professional Development Set-Aside for Districts in Improvement in Non-Title I Schools (April 3, 2007)
  • ED Response (April 26, 2007)
• B&M Query - Public School Choice under Title I and LEAs Transportation Costs (July 28, 2006) 
  • ED Response (None)
• Corrective Action Identification and the Ability of the SEA to Reduce Administrative Funds (July 31, 2006)
  • ED Response (October 18, 2006)
• Set-asides in a single-school LEA operating a schoolwide program (November 5, 2005)
  • ED Response (December 6, 2005)
• Use of Title I Funds to Operate a Preschool Program (November 10, 2004)
  • ED Response (March 21, 2005)
• LEA Reservation for District-Wide Parental Involvement Activities (November 10, 2004)
  • ED Response (November 19, 2004)
• Use of Title I Funds to Train Non-Title I Staff (November 10, 2004)
  • ED Response (November 19, 2004)
• Level of Rigor Required for the Paraprofessional Assessments Under Title I (October 8, 2004)
  • ED Response (November 22, 2004)
• Determining Assessment Levels for Students with Disabilities (April 14, 2004)
  • ED Response - No Response Received
• Consolidating IDEA Funds in a Schoolwide Program (June 30, 2004)
  • ED Response by OESE (August 16, 2004)
  • ED Response by OSERS (August 24, 2004)
• Set-Asides in Schoolwide Programs (May 26, 2004)
  • ED Response (July 30, 2004)
• Clarification on ability to provide SES in Year 1 School Improvement (April 29, 2004)
  • ED Response (July 23, 2004)
• Qualification and Supervision Requirements that Apply to a Paraprofessional Employed by Third-Party Contractor (April 14, 2004)
  • ED Response (November 16, 2004)

Individuals with Disabilities Education Act

• Clarification on LEA Maintenance of Effort and Supplement Not Supplant Under IDEA, Part B (April 7, 2009)
  • ED Response - None
• Clarification on Allocation of IDEA, Part B funds to Blind and Deaf School (September 17, 2008)
  • ED Response (February 13, 2009)
• Clarification on Allocation of IDEA, Part B funds to State Agencies (September 17, 2008)
  • ED Response - No Response Received
• Clarification on Excess Cost, LEA Maintenance of Effort, Allowable Use of Funds and Response to Intervention under IDEA, Part B (October 30, 2007)
  • ED Response (April 12, 2008)
• Clarification on Reallocation of Unexpended High Cost Funds (October 13, 2006)
  • ED Response (November 27, 2006)
• Determining Assessment Levels for Students with Disabilities (April 14, 2004)
  • ED Response - No Response Received
• Consolidating IDEA Funds in a Schoolwide Program (June 30, 2004)
  • ED Response by OESE (August 16, 2004)
  • ED Response by OSERS (August 24, 2004)