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Title I, Part D - Neglected and Delinquent


The purpose of Title I, Part D is to:

  • Improve educational services for children and youth who are neglected (N) or delinquent (D) so that they have the opportunity to meet challenging State academic content and achievement standards;
  • Provide children and youth who are N or D services so that they can successfully transition from institutionalization to further education or employment; and
  • Prevent youth from dropping out of school and provide youth who have dropped out and youth returning from correctional facilities with a support system to ensure their continued education.

There are three subparts to Title I, Part D.

  1. Subpart 1 provides funding to support the education of youth in state-operated institutions (State Agencies). 
  2. Subpart 2 aids local educational agencies (LEAs) that work with local facilities that serve adjudicated youth.
  3. The final subpart, Subpart 3, is around Program Evaluation.

State agencies and school districts with Title I, Part D programs must meet the educational needs of neglected (N), delinquent (D), and at-risk youth and assist in their transition from correctional facilities to local programs.


Institution for Neglected Youth: a public or private residential facility, other than a foster home, that is operated for the care of children who have been committed to the institution or voluntarily placed in the institution under applicable state law, due to abandonment, neglect, or death of their parents or guardians

Institution for Delinquent Youth: a public or private residential facility for the care of children who have been adjudicated to be delinquent or in need of supervision

At-risk children or youth: include children and youth who have been adjudicated within the juvenile justice system but have returned to a school operated by the school district, migrant children or youth, immigrant children or youth, gang members, pregnant and parenting youth, children who are at-risk of failure or have failed before, children who have limited English proficiency, and children who have dropped out of school.

Regular Program of Instruction: educational program not beyond grade 12 in an institution or community day program for N&D that consists of classroom instruction in basic school subjects like reading, math, career and tech ed, that is supported by non-federal funds. Manufacture of goods or institutional maintenance is considered classroom instruction.

Program Requirements Eligibility: Subpart 2

In Colorado, CDE distributes funding to one state agency and multiple LEAs.

The allocations for Title ID, Subpart 2 are posted annually on the Grants Fiscal website. 

Counting Eligibility

To generate an allocation, both subparts must complete an Annual Count template each year and submit it to CDE in December via Syncplicity.

Below lists who the LEA should include when counting students for the Annual Count:

  • The LEA is eligible when they have children in locally operated correctional facilities that are not operated by the state. This can include public or private institutions and community day programs.
  • Facilities are eligible if they meet the definition of neglected or delinquent, or an adult correctional institution.
  • Students that are eligible are 5-17 years old and reside in a live-in institution for one day during the 30-day count window. These kids are not counted in the subpart 1 Annual Count.

Serving Eligibility 

Although the Annual Count collection generates the funding for Title I, Part D, it does not mean that those children and youth counted in the Annual Count receive the services. The population is highly mobile, and it is important to serve the children based on need.  Below are the eligibility requirements for those children who can be served with Title I, Part D.

  • Children must be living in a local delinquent institution or in an adult correction institution
  • Children can receive services if they are eligible for services under Title I, Part A, Title I, Part C or identified as at risk
  • 21 years of age or younger

Use of Funds: Subpart 2

Supplement Not Supplant

Title I, Part D funds must only be used to provide additional services, staff, programs, or materials that are not provided with State or local resources absent federal funds; federal funds cannot pay for resources that would otherwise be purchased with State and/or local funds. US Department of Education Supplement, Not Supplant Guidance #22

Special Rule

It is required that LEAs operate a dropout prevention program. However, if greater than 30% of the children in the facility go back to a school outside of the LEA, the LEA does not have to operate a dropout prevention program.

Use of Funds

  • Programs that serve children and youth returning to local schools from correctional facilities, to assist in the transition of such children and youth to the school environment and help them remain in school in order to complete their education;
  • Dropout prevention programs which serve at-risk children and youth, including pregnant and parenting teens, children and youth who have come in contact with the juvenile justice system, children and youth at least 1 year behind their expected grade level, migrant youth, immigrant youth, students with limited English proficiency, and gang members;
  • The coordination of health and social services for such individuals if there is a likelihood that the provision of such services, including day care, drug and alcohol counseling, and mental health services, will improve the likelihood such individuals will complete their education;
  • Special programs to meet the unique academic needs of participating children and youth, including vocational and technical education, special education, career counseling, curriculum-based youth entrepreneurship education, and assistance in securing student loans or grants for postsecondary education; and
  • Programs providing mentoring and peer mediation.

Program Evaluation

Both subparts are required to evaluate their Title I, Part D program by disaggregating the data on participation by gender, race, ethnicity, and age while protecting personal identifiable information.  This will assist in determining the programs impact on the children and youth. The goal of Subpart 3 is to evaluate the following:

  • to maintain and improve educational achievement and to graduate from high school in the number of years established by the State under either the four-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate, if applicable;
  • to accrue school credits that meet State requirements for grade promotion and high school graduation;
  • to make the transition to a regular program or other education program operated by an LEA or school operated or funded by the Bureau of Indian Education;
  • to complete high school (or high school equivalency requirements) and obtain employment after leaving the correctional facility or institution for neglected or delinquent children and youth; and
  • as appropriate, to participate in postsecondary education and job training programs.

It is important to conduct the evaluation so that the LEA or SA can use the result of the evaluation to plan and improve for the program in the future.

You can find more information around Federal Reporting on the Data, Accountability, Reporting, and Evaluation (DARE) website

Monitoring and Evaluation

Monitoring of federal programs is conducted to ensure that: (1) every child has a fair, equal, and significant opportunity to obtain a high-quality education; (2) programs comply with federal requirements that are most closely related to positive outcomes for students; and (3) taxpayer dollars are administered and used in accordance with how Congress and the United States Department of Education intended. 

For Additional Information Contact:


Nathan Hickman
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Tina Negley
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