The Title I statute and regulations [34 C.F.R. § 200.48 (D)(2)(i),(ii),(iii)] require districts desiring to spend less than the amount needed to meet its 20 percent obligation for choice-related transportation, Supplemental Education Services (SES), and Parent Outreach (and to use the unexpended funds for other allowable activities in a given school year) to meet specific criteria.
To spend less than the amount needed to meet its 20 percent obligation, the district must meet, at a minimum, all of the following criteria.
• Partner, to the extent practicable, with outside groups, such as faith-based organizations, other community-based organizations, and business groups, to help inform eligible students and their families of the opportunities to transfer or to receive SES.
• Ensure that eligible students and their parents have a genuine opportunity to sign up to transfer or to obtain SES, including by: (a) providing timely, accurate notice to parents; (b) ensuring that sign-up forms for SES are distributed directly to all eligible students and their parents and are made widely available and accessible through broad means of dissemination, such as the Internet, other media, and communications through public agencies serving eligible students and their families; and (c) providing a minimum of two enrollment windows, at separate points in the school year, that are of sufficient length to enable parents of eligible students to make informed decisions about requesting SES and selecting a provider.
• Ensure that eligible SES providers are given access to school facilities, using a fair, open, and objective process, on the same basis and terms that are available to other groups that seek access to school facilities.
A district desiring to take advantage of this provision must maintain records that demonstrate it has met the specific criteria and must notify the State Education Agency that it has met the specific criteria and intends to spend the remainder of its 20 percent obligation on other allowable activities.
A Local Education Agency that does not meet its 20 percent obligation and does not meet the criteria described in [34 C.F.R. §200.48 (d) (2) (i)] in a given year must spend the unexpended amount in the subsequent school year on choice-related transportation, SES, or parent outreach and assistance (in addition to the funds it is required to spend to meet its 20 percent obligation in the subsequent school year).