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1 CURTIS DAVIS (SBN 323353)
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
2 449 Broadway ELECTRONICALLY
El Centro, CA 92243 F I L E D
23 Telephone: (760) 353-0220
Superior Court of California,
County of San Francisco
Facsimile: (760) 353-8026
4 01/08/2021
cdavis@crla.org Clerk of the Court
BY: EDNALEEN ALEGRE
35 Deputy Clerk
Attorney for Plaintiff/Petitioner
6 (Additional Counsel Listed on the Following Page)
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
59 CITY AND COUNTY OF SAN FRANCISCO
10 MILAGROS AZUCENA WENDZ CASE NUMBER: CPF-20-517067
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6 Plaintiff/Petitioner, REQUEST FOR JUDICIAL NOTICE IN
12 SUPPORT OF PLAINTIFF/
vs. PETITIONER’S REPLY TO
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7 OPPOSITION TO MOTION FOR
CALIFORNIA DEPARTMENT OF ENTRY OF WRIT OF MANDATE;
14 EDUCATION; TONY THURMOND, in his DECLARATION IN SUPPORT
official capacity as STATE THEREOF
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8 SUPERINDENTDENT OF PUBLIC
INSTRUCTION; DOES 1 THROUGH 30,
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inclusive, Hearing Date: January 22, 2021
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9 Time: 9:30 a.m.
Defendants/Respondents.
Department: 302
18 Judge: Hon. Ethan P. Schulman
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Petition Filed: March 26, 2020
20 Trial Date: None set
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Pltff/Pet’s Request for Judicial Notice ISO Reply Case No.: CPF-20-517067
Additional Counsel
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2 CYNTHIA L. RICE (SBN 87630)
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
23 1430 Franklin Street, Suite 103
Oakland, CA. 94612
4 Telephone: (510) 267-0762
Facsimile: (510) 267-0763
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crice@crla.org
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DEBORAH ESCOBEDO (SBN 89093)
47 LAWYERS’COMMITTEE FOR CIVIL RIGHTS - SF
31 Steuart Street, Suite 400
8 San Francisco, CA 94105-1243
Telephone: (415) 543-9444
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Facsimile: (415) 543-0296
10 descobedo@lccrsf.org
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6 REBECCA A. BUCKLEY-STEIN (SBN 310366)
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
12 601 High Street, Suite C
Delano, CA 93215
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Telephone: (661) 725-4350
14 Facsimile: (661) 725-1025
Rbuckleystein@crla.org
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Attorneys for Plaintiff/Petitioner
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Pltff/Pet’s Request for Judicial Notice ISO Reply Case No.: CPF-20-517067
Pursuant to Evidence Code, § 452 Plaintiff/Petitioner, MILAGROS AZUCENA
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WENDZ, respectfully requests that this Court take judicial notice of the following documents:
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1. The Migrant Education 2019-20 Program Instrument - California Department of
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Education, June 2019, (“2019 MEP Program Instrument”). A true and correct
4 copy of the 2019 MEP Program Instrument is attached as Exhibit 1.
35 2. The Migrant Education 2020–21 Program Instrument - California Department of
6 Education, June 2020, (“2020 MEP Program Instrument”). A true and correct
copy of the MEP Program Instrument is attached as Exhibit 2.
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3. A list of the Migrant Education Program Regional Offices & Direct Funded
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Districts (“MEP Regions List”). A true and correct copy of the MEP Regions List
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is attached as Exhibit 3.
10 Exhibits 1 through 3 are properly noticed under Evidence Code, § 452, subd. (c) which
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6 permits the court to take judicial notice of official acts of state executive departments. The
12 California Department of Education (“CDE”) is a state agency “administered through a State
Board of Education (Board), appointed by the Governor and confirmed by the Senate, and an
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elected State Superintendent of Public Instruction (“SSPI”). (Cal. Const., art. IX, § 2; Ed. Code,
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§§ 33000, 33301, 33303. See also, State Bd. of Education v. Honig (1993) 13 Cal. App. 4th
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720, 729.) In addition, Exhibits 1-3 are judicially noticeable, pursuant to Evidence Code, § 452,
16 subd. (h), as their existence and content are not subject to reasonable dispute in that they are
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9 capable of immediate and accurate determination by the SSPI and CDE, who either produced
18 these documents in response to discovery requests served in this matter or are maintained on the
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19 CDE website found at https://www.cde.ca.gov/.
Exhibit 1, the 2019 MEP Program Instrument, was provided by Defendant/Respondent
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SSPI in response to “Petitioner’s Demand for Production to Respondent Tony Thurmond,” dated
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June 24, 2020. A true and correct copy of “Petitioner’s Demand for Production of Documents
22 to Respondent Tony Thurmond” is attached as Exhibit D to the Plaintiff/Petitioner’s Request for
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23 Judicial Notice in Support of Motion for Entry of Writ of Mandate; Declaration In Support
24 Thereof, filed with this Court on November 9, 2020. (“Opening Brief RJN”). A true and correct
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25 copy of “Respondent Tony Thurmond’s Amended Response and Objection to Petitioner’s
Demand for Production of Documents” is attached to Petitioner’s Opening Brief RJN as Exhibit
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Pltff/Pet’s Request for Judicial Notice ISO Reply Case No.: CPF-20-517067
E. The 2019 MEP Program Instrument (Exhibit 1) was produced in response to Demand for
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Production No. 2.
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Exhibit 2, the 2020 MEP Program Instrument, can be found on the CDE’s website at
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https://www.cde.ca.gov/ta/cr/progrinst202021.asp and was downloaded from that site
4 According to the CDE, “[e]ach program's instrument contains federal and state legal
35 requirements organized into statutory core items and supporting items arranged under seven
6 general CDE dimensions. F[ederal] P[rogram] M[onitoring] team members use program
instruments to determine whether an LEA is meeting the requirements of each item. Program
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instruments are developed and reviewed by the CDE on an annual basis and may change from
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year to year to respond to changes in federal or state law, regulations, or controlling judicial
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decisions.” The Court’s review of these documents is relevant to determine to what extent
10 Defendants/Respondents’ representations regarding CDE’s monitoring of Migrant Education
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6 programs as set forth in their Initial Statement of Reasons and other regulatory documents are
12 based in fact. These documents are relevant and admissible for the purpose of determining
whether substantial evidence existed to support the regulations.
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Exhibit 3, the MEP Regions List, can be found on the CDE’s “Regional Offices &
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Direct Funded Districts” webpage found at https://www.cde.ca.gov/sp/me/mt/regions.asp and
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was downloaded from that site According to the CDE, this webpage provides a directory of
16 regional offices and direct funded districts where migrant services are provided both by
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9 regional and district staff.
18 All the documents are inherently reliable, and no prejudice will be suffered by the
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19 Defendants/Respondents as a result of the Court’s consideration for the limited purposes
offered.
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21 Dated: January 8, 2021
By: _/s/CYNTHIA L. RICE__________
22 CYNTHIA L. RICE
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
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23 Attorney for Plaintiff/Petitioner
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By: /s/DEBORAH ESCOBEDO
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25 DEBORAH ESCOBEDO
LAWYERS’ COMMITTEE FOR CIVIL RIGHTS-SF
26 Attorney for the Plaintiff/Petitioner
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Pltff/Pet’s Request for Judicial Notice ISO Reply Case No.: CPF-20-517067
1 DECLARATION OF CYNTHIA L. RICE IN SUPPORT OF REQUEST FOR
2 JUDICIAL NOTICE
23 I, Cynthia L. Rice, declare and depose as follows:
1. I am an attorney duly licensed to practice law in the State of California. I am
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employed by California Rural Legal Assistance, Inc. In that capacity, I serve as counsel for
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the Plaintiff/Petitioner in this matter.
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2. Attached as Exhibit 1 is a true and correct copy of the “2019 MEP Program
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Instrument,” which was transmitted to me via emailed link, in electronic form by the
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California Department of Education (“CDE”) on September 30, 2020 as part of their
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response to Petitioner’s Demand for Production of Documents, Demand for Production No.
10 2 (see Exhibits D and E, Opening Brief RJN).
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6 3. Attached as Exhibit 2 is a true and correct copy of the “2020 MEP Program
12 Instrument” which I downloaded from the CDE’s “2020-21 Cycle A and C Program
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7 Instruments” webpage found at https://www.cde.ca.gov/ta/cr/progrinst202021.asp.
14 4. Attached as Exhibit 3 is a true and correct copy of the MEP Regions List
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8 which I printed from the CDE’s “Regional Offices & Direct Funded Districts” webpage found
16 at https://www.cde.ca.gov/sp/me/mt/regions.asp.
I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct and based on my personal knowledge. Executed this 8th day of
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January, 2021 in Albany, California in the County of Alameda.
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Pltff/Pet’s Request for Judicial Notice ISO Reply Case No.: CPF-20-517067
EXHIBIT 1
Migrant Education
2019–20 Program Instrument
California Department of Education
June 2019
I. Involvement
ME 01: Parent Advisory Councils (PACs)
1.0 District and regional PACs fulfill their responsibilities to:
(a) Establish migrant education program (MEP) goals, objectives, and
priorities.
(California Education Code [EC] Section 54444.4[a][1])
(b) Review annual needs, year-end assessments, program activities for each
school, and individualized education plans. (EC Section 54444.4[a][2])
(c) Be actively involved in the planning and negotiation of program
applications and service agreements.
(20 United States Code [20 U.S.C.] Section 6394[c][3][A]–[B]; EC Section
54444.4[a][4])
1.1 Members of the PACs were elected by parents of migrant children at a
general meeting to which all parents of pupils enrolled in the MEP were
invited. (EC Section 54444.2[a][1][A])
1.2 The composition of the PAC is determined by the parents of children
enrolled in the MEP. (EC Section 54444.2[a][1][A])
1.3 At least two-thirds of the PAC consist of parents of migrant children.
(EC Section 54444.2[a][1][B])
1.4 The local educational agency (LEA) trains PACs to carry out their
responsibilities. Training is developed in consultation with PACs.
(EC sections 54444.2[a][5], 54444.4[c][4])
1.5 The Regional Application (RA) and District Services Agreement (DSA),
including any documentation involved in the planning and of operation
services, are presented in a format and language understandable to
parents. (20 U.S.C. Section 6394 [c][3][B])
California Department of Education June 2019 Page 1 of 22
CDE00054
2019–20 Migrant Education Program Instrument
1.6 By March 31 of each even number year, each migrant region shall convene
a Regional Parent Advisory Committee (RPAC) meeting for the purpose of
nominating eligible parents to the State Parent Advisory Committee (SPAC).
(Title 5, California Code of Regulations [5 CCR] Section 12033[a])
Evidence Requests
PAC Bylaws
Abbreviation: PACByls
Description: List of PAC rules/bylaws to direct activities of members.
Item Instructions: ME 01: Provide the most current version of bylaws for PACs.
Related Items: ME 01
PAC Meeting Agendas, Minutes, and Sign-In Sheets
Abbreviation: PACMtgAgnda
Description: Provide recent documents detailing how the PAC addressed all
legal requirements per ME items 1.0 to 1.5.
Item Instructions: ME 01: Calendar, notifications, agendas, sign-in sheets, minutes,
election materials, including a roster of candidates with certificate of
eligibility (COE) numbers, and training materials.
Related Items: ME 01
Regional Parent Advisory Committee
Abbreviation: RgnlPrntlAdvCmte
Description: Most current RPAC meeting materials with the nomination of
eligible parents to the SPAC. These materials may include but are
not limited to, invitations, agendas, sign-in sheets, minutes, election
materials, and the roster of candidates with COE numbers and
training materials.
Item Instructions:
Related Items: ME 01
California Department of Education June 2019 Page 2 of 22
CDE00055
2019–20 Migrant Education Program Instrument
II. Governance and Administration
ME 02: Regional or Direct Funded Application (RA or DFA)
2.0 Operating agencies shall include in their application a description of how the
entities will coordinate the planning, budgeting, and operation of the MEPs
with the planning, budgeting, and operation of other federal and state
education programs addressing the needs of the same or similar pupils of
the operating agency. The description shall include timelines and cover
services provided through school improvement, non-migrant Title I, state
compensatory and limited- and non-English proficient, Title VII, and other
funds. (EC Section 54443.1 [h])
2.1 MEPs shall include all the requirements of EC Section 54443.1(a–h).
2.2 Regions shall be organized so as to provide quality services to all affected
parties and maintain fiscal procedures in conformity with requirements
adopted by the department. (EC Section 54444.1[a][5])
2.3 When a district or agency is funded directly by the state, the parties to the
service agreement shall include the department and the district or operating
agency in which the eligible migrant pupils are enrolled.
(EC Section 54444.1[d])
2.4 Direct funded districts shall be invited by the regions to participate in
regional activities and meetings. Staff and parent advisory council members
in the districts shall also be invited to regional in-service activities and
conferences. (EC Section 54444.1[b])
Evidence Requests
Regional Application or Direct Funded Application (RA or DFA)
Abbreviation: RegnlAplctn
Description: Current year, approved MEP, RA, or DFA describing services and
projected costs provided by a region or district to ensure that
migratory children and parents receive necessary services.
Item Instructions:
Related Items: ME 02
California Department of Education June 2019 Page 3 of 22
CDE00056
2019–20 Migrant Education Program Instrument
ME 03: District Services Agreement (DSA)
3.0 Operating agencies shall include in their application a description of how the
entities will coordinate the planning, budgeting, and operation of the MEPs
with the planning, budgeting, and operation of other federal and state
education programs addressing the needs of the same or similar pupils of
the operating agency. The description shall include timelines and cover
services provided through school improvement, non-migrant Title I, state
compensatory and limited- and non-English proficient, Title VII, and other
funds. (EC Section 54443.1[h])
3.1 MEPs shall include all the requirements of EC 54443.1(a–h).
Evidence Requests
District Services Agreement (DSA)
Abbreviation: DSA
Description: Current year DSA for the district(s) identified by the reviewer.
(Previous years' agreements may be requested.)
Item Instructions:
Related Items: ME 03
ME 04: Migrant Region Services
4.0 The migrant region responsibilities include, but are not limited to, providing:
(a) Technical assistance to LEAs according to the service agreement;
(b) Interagency coordination that improves services to migratory children and
their families;
(c) Direct services required by the service agreement;
(d) Training for parents and members of district, regional, and school PACs;
and
(e) Staff development services for MEP staff at the school and district levels.
(EC Section 54444.4[c])
California Department of Education June 2019 Page 4 of 22
CDE00057
2019–20 Migrant Education Program Instrument
Evidence Requests
Description of Migrant Region Services in DSA(s)
Abbreviation: DscMgrRgSvsDSA
Description: Indicate in a comment at the evidence request level the DSA page
numbers where each sub-item (a–e) of 4.0 in the ME program
instrument can be found.
Item Instructions:
Related Items: ME 04
Description of Migrant Region Services in the RA or DFA
Abbreviation: DscMgRgSvs
Description: Indicate in a comment at the evidence request level the RA or DFA
page numbers where each of the sub-items (a–e) in 4.0 of the ME
program instrument can be found.
Item Instructions:
Related Items: ME 04
Direct Service Attendance Records
Abbreviation: DSAattrcds
Description: Attendance records for a minimum of three different direct services
provided by the region to migratory children.
Item Instructions:
Related Items: ME 04
Interagency Coordination
Abbreviation: IntrgncyCrdntn
Description: Documentation of inter-agency collaborative work, such as
agendas, minutes, and sign-in sheets, to improve services to
migratory children.
Item Instructions: ME 04: Provide evidence from a minimum of three collaborations
with other agencies to deliver services to migratory children and
their families.
Related Items: ME 04
California Department of Education June 2019 Page 5 of 22
CDE00058
2019–20 Migrant Education Program Instrument
Technical Assistance Meetings Documentation
Abbreviation: TAmtgdocs
Description: Correspondence, agendas, minutes, sign-in sheets, etc.
demonstrating the MEP regional office staff provides technical
assistance to LEA staff, including objectives and outcomes related
to technical assistance and interagency coordination.
Item Instructions: ME 04: Provide evidence from at least three technical assistance
meetings.
Related Items: ME 04
ME 05: District Services
5.0 Each district receiving MEP funds responsibilities include, but are not limited
to, providing:
(a) Services in compliance with applicable state and federal laws or
regulations.
(b) Information to parents.
(c) Support to instructional staff.
(EC Section 54444.4[b])
Evidence Requests
Description of District Services in the DSA
Abbreviation: DscDstSvcs
Description: Indicate in a comment at the evidence request level the DSA page
numbers where each sub-item (a–c) of the ME program instrument
can be found.
Item Instructions:
Related Items: ME 05
California Department of Education June 2019 Page 6 of 22
CDE00059
2019–20 Migrant Education Program Instrument
District Letters and Notices to Parents
Abbreviation: DstLtrNtcPrnt
Description: Three samples of current written communication to parents
regarding activities for migratory children sent by the school district.
Communication must be in English and the families’ home
language.
Item Instructions:
Related Items: ME 05
ME 06: Inventory
6.0 The LEA spending Title I, Part C funding on equipment must maintain a
historical inventory record for each piece of equipment with an acquisition
cost of $500 or more per unit. The record describes the acquisition by:
(a) Type/description
(b) Model/name
(c) Serial number
(d) Funding source and Federal Award Identification Number
(e) Acquisition date
(f) Cost
(g) Location
(h) Current condition
(i) Transfer, replacement, or disposition of obsolete or unusable equipment.
(EC Section 35168; 5 CCR Section 3946; 2 Code of Federal Regulations
[CFR] Section 200.313[d][1])
6.1 Capital expenditures for special purpose equipment are allowable as direct
costs, provided that items with a unit cost of $5,000 or more have the prior
written approval of the federal awarding agency or pass-through entity.
(2 CFR § 200.439[b][2])
6.2 Disposition of equipment purchased with Title I, Part C funds with a fair
market value of $5,000 or more may be retained, sold, or disposed of with
written approval of the federal awarding agency or pass-through entity.
(2 CFR § 200.313[e][1–4])
6.3 The LEA must conduct a physical check of the inventory of equipment within
the past two years and reconcile the result with inventory records.
(2 CFR Section 200.313[d][2])
California Department of Education June 2019 Page 7 of 22
CDE00060
2019–20 Migrant Education Program Instrument
Evidence Requests
Equipment Inventory Records
Abbreviation: EqpmntInvntyRcrds
Description: Historical inventory list of all equipment purchased for $500 or more
per Education Department General Administrative Regulations
(EDGAR)/EC requirements and a record of last physical check of
items. If no purchases were made, indicate that in a comment.
Item Instructions: ME 06: Provide records for the region only.
Related Items: AE 02, AE 09, ELC 06, EXLP 08, EXLP 11, CTE 02, EL 06, HE 08,
ME 06, CE 14, NorD 04
III. Funding
ME 07: Use of Funds
7.0 The migrant region and LEA use MEP funds only for authorized activities
and equipment. (20 U.S.C. sections 6394 [c][1], 6396[b])
Evidence Requests
General Ledger
Abbreviation: GnLdgr
Description: Detailed General Ledger for the specific resource code(s) being
reviewed. (The General Ledger should include the date,
description, vendor name, and total amount for each expenditure
line item).
Item Instructions: ME 07: Provide a detailed general ledger for resource codes 3060,
3061, and 3110, for the region and district(s) identified by the
reviewer.
Related Items: AE 02, FM 01, FM 02, FM 03, FM 05, FM 06, EXLP 09, EXLP 11,
EXLP 19, SEI 05, SEI 06, SEI 07, CTE 02, ME 07, ME 08, CE 10,
NorD 05
California Department of Education June 2019 Page 8 of 22
CDE00061
2019–20 Migrant Education Program Instrument
Use of Funds
Abbreviation: UsofFunds
Description: Indicate in a comment at the evidence request level the DSA page
numbers where information on the use of funds can be found.
Item Instructions:
Related Items: ME 07
ME 08: Supplement Not Supplant
8.0 The LEA shall use federal funds received under Title I, Part C only to
supplement the funds that would, in the absence of such federal funds, be
made available from state and local sources for the education of students
participating in programs assisted under this part, and not to supplant such
funds. (20 U.S.C. sections 6321[b])
Evidence Requests
General Ledger
Abbreviation: GnLdgr
Description: Detailed General Ledger for the specific resource code(s) being
reviewed. (The General Ledger should include the date,
description, vendor name, and total amount for each expenditure
line item).
Item Instructions: ME 08: Provide a detailed general ledger for resource codes 3060,
3061, and 3110, for the region and district(s) identified by the
reviewer.
Related Items: AE 02, FM 01, FM 02, FM 03, FM 05, FM 06, EXLP 09, EXLP 11,
EXLP 19, SEI 05, SEI 06, SEI 07, CTE 02, ME 07, ME 08, CE 10,
NorD 05
LEA Summer School Records
Abbreviation: LEASmrSchlRcds
Description: Student attendance records for all MEP summer programs at all
sites offered by the LEA.
Item Instructions:
Related Items: ME 08
California Department of Education June 2019 Page 9 of 22
CDE00062
2019–20 Migrant Education Program Instrument
Supplement Not Supplant in DSA(s)
Abbreviation: SplmntNtSplnt
Description: Indicate in a comment at the evidence request level the DSA page
numbers that demonstrate all services are supplemental to other
LEA programs and services.
Item Instructions:
Related Items: ME 08
Supplement not Supplant in the RA or DFA
Abbreviation: SplmntNtSpplntRdFa
Description: Indicate in a comment at the evidence request level the RA or DFA
page numbers that demonstrate that all services are supplemental
to other LEA programs and services.
Item Instructions:
Related Items: ME 08
ME 9: Salaries and Wages
9.0 The LEA must properly charge and document allowable salaries and wages
that are reasonable and necessary in accordance with applicable Title I, Part
C program requirements.
(2 CFR sections 200.414, 200.430[a] and [i], 200.302; California School
Accounting Manual [CSAM] Section 905.)
Evidence Requests
Duty Statements
Abbreviation: DtyStmnt
Description: An individual employee's duty statement describing responsibilities
and activities, as agreed to by employer and employee.
Item Instructions: ME 09: Provide a duty statement for all employees paid in whole, or
in part, with Title I, Part C funds.
Related Items: AE 04, FM 01, FM 03, EXLP 11, SEI 05, SEI 07, CTE 02, ME 09,
CE 10, CE 11, CE 13, NorD 06
California Department of Education June 2019 Page 10 of 22
CDE00063
2019–20 Migrant Education Program Instrument
Payroll Records
Abbreviation: PyrlRcrds
Description: Record of salaries and benefits paid to employees that work at the
LEA for the fiscal year under review, that identifies the employees’
name, hours worked, gross pay, net pay, deductions, and payroll
period.
Item Instructions: ME 09: Provide records for employees funded all or in part through
Title I, Part C.
Related Items: FM 01, FM 03, ME 09
Position Control Report
Abbreviation: PstnCntrlRprt
Description: Budget report of employees planned to be paid in whole, or in part,
with federal funds by resource code in the fiscal year under review.
Item Instructions: ME 09: Provide a report for the most recent year, including
employee names, resource code(s), salary and benefits for
resource codes 3060, 3061, and 3110.
Related Items: FM 01, FM 03, SEI 05, SEI 07, ME 09, CE 10, CE 13, NorD 05,
NorD 06
Time and Effort Records
Abbreviation: TmEfrtRcrds
Description: Documentation to support salaries and benefits charged to each
program funding source under review in accordance with federal
requirements. Records may include personnel activity reports,
semiannual certifications, or other equivalent records. Budget
estimates do not qualify as support.
Item Instructions: ME 09: Provide most recent year time and effort documentation for
positions funded all or in part through Title I, Part C.
Related Items: AE 02, FM 01, FM 03, EXLP 09, CTE 02, EL 08, HE 10, ME 09, CE
10, CE 13, NorD 05
California Department of Education June 2019 Page 11 of 22
CDE00064
2019–20 Migrant Education Program Instrument
IV. Standards, Assessment, and Accountability
ME 10: Evaluation, Assessment, and Effectiveness
10.0 The migrant region and LEA measure the progress of migratory children
against the desired outcomes of the migrant education program and state
academic standards. (20 U.S.C. Section 6396[a][1][C][D])
10.1 The LEA completes an individual assessment of the educational and health
needs of each migratory child within 30 days of enrollment.
(EC Section 54443.1[a])
10.2 The LEA identifies and addresses the unique needs of migratory children in
coordination with other federal programs. (20 U.S.C. Section 6396[a][1])
10.3 The LEA identifies and addresses the needs of migratory children through
measurable program goals and outcomes. (20 U.S.C. Section 6396[a][1][D])
10.4 The LEA and migrant region use academic assessment results and other
pertinent data of migratory children to improve the academic achievement of
students.
(20 U.S.C. sections 6311[b][2][B][i–iii], 6394[c][5]; EC Section 54443.1[a–d])
10.5 The LEA and, as applicable, migrant region and direct funded district,
evaluate and determine the effectiveness of their programs and projects in
providing migratory children with the opportunity to meet the same
challenging state academic standards.
(20 U.S.C. sections 6311[b], 6396 [a][1][C])
Evidence Requests
Evaluation, Assessment, and Effectiveness in DSA(s)
Abbreviation: EvlEfctvAssmntDSA
Description:
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1 CURTIS DAVIS (SBN 323353) CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 2 449 Broadway ELECTRONICALLY El Centro, CA 92243 F I L E D 23 Telephone: (760) 353-0220 Superior Court of California, County of San Francisco Facsimile: (760) 353-8026 4 01/08/2021 cdavis@crla.org Clerk of the Court BY: EDNALEEN ALEGRE 35 Deputy Clerk Attorney for Plaintiff/Petitioner 6 (Additional Counsel Listed on the Following Page) 47 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 59 CITY AND COUNTY OF SAN FRANCISCO 10 MILAGROS AZUCENA WENDZ CASE NUMBER: CPF-20-517067 11 6 Plaintiff/Petitioner, REQUEST FOR JUDICIAL NOTICE IN 12 SUPPORT OF PLAINTIFF/ vs. PETITIONER’S REPLY TO 13 7 OPPOSITION TO MOTION FOR CALIFORNIA DEPARTMENT OF ENTRY OF WRIT OF MANDATE; 14 EDUCATION; TONY THURMOND, in his DECLARATION IN SUPPORT official capacity as STATE THEREOF 15 8 SUPERINDENTDENT OF PUBLIC INSTRUCTION; DOES 1 THROUGH 30, 16 inclusive, Hearing Date: January 22, 2021 17 9 Time: 9:30 a.m. Defendants/Respondents. Department: 302 18 Judge: Hon. Ethan P. Schulman 10 19 Petition Filed: March 26, 2020 20 Trial Date: None set 11 21 22 12 23 24 13 25 26 14 27 28 1 Pltff/Pet’s Request for Judicial Notice ISO Reply Case No.: CPF-20-517067 Additional Counsel 1 2 CYNTHIA L. RICE (SBN 87630) CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 23 1430 Franklin Street, Suite 103 Oakland, CA. 94612 4 Telephone: (510) 267-0762 Facsimile: (510) 267-0763 35 crice@crla.org 6 DEBORAH ESCOBEDO (SBN 89093) 47 LAWYERS’COMMITTEE FOR CIVIL RIGHTS - SF 31 Steuart Street, Suite 400 8 San Francisco, CA 94105-1243 Telephone: (415) 543-9444 59 Facsimile: (415) 543-0296 10 descobedo@lccrsf.org 11 6 REBECCA A. BUCKLEY-STEIN (SBN 310366) CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 12 601 High Street, Suite C Delano, CA 93215 13 7 Telephone: (661) 725-4350 14 Facsimile: (661) 725-1025 Rbuckleystein@crla.org 15 8 Attorneys for Plaintiff/Petitioner 16 17 9 18 10 19 20 11 21 22 12 23 24 13 25 26 14 27 28 2 Pltff/Pet’s Request for Judicial Notice ISO Reply Case No.: CPF-20-517067 Pursuant to Evidence Code, § 452 Plaintiff/Petitioner, MILAGROS AZUCENA 1 WENDZ, respectfully requests that this Court take judicial notice of the following documents: 2 1. The Migrant Education 2019-20 Program Instrument - California Department of 23 Education, June 2019, (“2019 MEP Program Instrument”). A true and correct 4 copy of the 2019 MEP Program Instrument is attached as Exhibit 1. 35 2. The Migrant Education 2020–21 Program Instrument - California Department of 6 Education, June 2020, (“2020 MEP Program Instrument”). A true and correct copy of the MEP Program Instrument is attached as Exhibit 2. 47 3. A list of the Migrant Education Program Regional Offices & Direct Funded 8 Districts (“MEP Regions List”). A true and correct copy of the MEP Regions List 59 is attached as Exhibit 3. 10 Exhibits 1 through 3 are properly noticed under Evidence Code, § 452, subd. (c) which 11 6 permits the court to take judicial notice of official acts of state executive departments. The 12 California Department of Education (“CDE”) is a state agency “administered through a State Board of Education (Board), appointed by the Governor and confirmed by the Senate, and an 13 7 elected State Superintendent of Public Instruction (“SSPI”). (Cal. Const., art. IX, § 2; Ed. Code, 14 §§ 33000, 33301, 33303. See also, State Bd. of Education v. Honig (1993) 13 Cal. App. 4th 15 8 720, 729.) In addition, Exhibits 1-3 are judicially noticeable, pursuant to Evidence Code, § 452, 16 subd. (h), as their existence and content are not subject to reasonable dispute in that they are 17 9 capable of immediate and accurate determination by the SSPI and CDE, who either produced 18 these documents in response to discovery requests served in this matter or are maintained on the 10 19 CDE website found at https://www.cde.ca.gov/. Exhibit 1, the 2019 MEP Program Instrument, was provided by Defendant/Respondent 20 SSPI in response to “Petitioner’s Demand for Production to Respondent Tony Thurmond,” dated 11 21 June 24, 2020. A true and correct copy of “Petitioner’s Demand for Production of Documents 22 to Respondent Tony Thurmond” is attached as Exhibit D to the Plaintiff/Petitioner’s Request for 12 23 Judicial Notice in Support of Motion for Entry of Writ of Mandate; Declaration In Support 24 Thereof, filed with this Court on November 9, 2020. (“Opening Brief RJN”). A true and correct 13 25 copy of “Respondent Tony Thurmond’s Amended Response and Objection to Petitioner’s Demand for Production of Documents” is attached to Petitioner’s Opening Brief RJN as Exhibit 26 14 27 28 3 Pltff/Pet’s Request for Judicial Notice ISO Reply Case No.: CPF-20-517067 E. The 2019 MEP Program Instrument (Exhibit 1) was produced in response to Demand for 1 Production No. 2. 2 Exhibit 2, the 2020 MEP Program Instrument, can be found on the CDE’s website at 23 https://www.cde.ca.gov/ta/cr/progrinst202021.asp and was downloaded from that site 4 According to the CDE, “[e]ach program's instrument contains federal and state legal 35 requirements organized into statutory core items and supporting items arranged under seven 6 general CDE dimensions. F[ederal] P[rogram] M[onitoring] team members use program instruments to determine whether an LEA is meeting the requirements of each item. Program 47 instruments are developed and reviewed by the CDE on an annual basis and may change from 8 year to year to respond to changes in federal or state law, regulations, or controlling judicial 59 decisions.” The Court’s review of these documents is relevant to determine to what extent 10 Defendants/Respondents’ representations regarding CDE’s monitoring of Migrant Education 11 6 programs as set forth in their Initial Statement of Reasons and other regulatory documents are 12 based in fact. These documents are relevant and admissible for the purpose of determining whether substantial evidence existed to support the regulations. 13 7 Exhibit 3, the MEP Regions List, can be found on the CDE’s “Regional Offices & 14 Direct Funded Districts” webpage found at https://www.cde.ca.gov/sp/me/mt/regions.asp and 15 8 was downloaded from that site According to the CDE, this webpage provides a directory of 16 regional offices and direct funded districts where migrant services are provided both by 17 9 regional and district staff. 18 All the documents are inherently reliable, and no prejudice will be suffered by the 10 19 Defendants/Respondents as a result of the Court’s consideration for the limited purposes offered. 20 11 21 Dated: January 8, 2021 By: _/s/CYNTHIA L. RICE__________ 22 CYNTHIA L. RICE CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 12 23 Attorney for Plaintiff/Petitioner 24 By: /s/DEBORAH ESCOBEDO 13 25 DEBORAH ESCOBEDO LAWYERS’ COMMITTEE FOR CIVIL RIGHTS-SF 26 Attorney for the Plaintiff/Petitioner 14 27 28 4 Pltff/Pet’s Request for Judicial Notice ISO Reply Case No.: CPF-20-517067 1 DECLARATION OF CYNTHIA L. RICE IN SUPPORT OF REQUEST FOR 2 JUDICIAL NOTICE 23 I, Cynthia L. Rice, declare and depose as follows: 1. I am an attorney duly licensed to practice law in the State of California. I am 4 employed by California Rural Legal Assistance, Inc. In that capacity, I serve as counsel for 35 the Plaintiff/Petitioner in this matter. 6 2. Attached as Exhibit 1 is a true and correct copy of the “2019 MEP Program 47 Instrument,” which was transmitted to me via emailed link, in electronic form by the 8 California Department of Education (“CDE”) on September 30, 2020 as part of their 59 response to Petitioner’s Demand for Production of Documents, Demand for Production No. 10 2 (see Exhibits D and E, Opening Brief RJN). 11 6 3. Attached as Exhibit 2 is a true and correct copy of the “2020 MEP Program 12 Instrument” which I downloaded from the CDE’s “2020-21 Cycle A and C Program 13 7 Instruments” webpage found at https://www.cde.ca.gov/ta/cr/progrinst202021.asp. 14 4. Attached as Exhibit 3 is a true and correct copy of the MEP Regions List 15 8 which I printed from the CDE’s “Regional Offices & Direct Funded Districts” webpage found 16 at https://www.cde.ca.gov/sp/me/mt/regions.asp. I declare under penalty of perjury under the laws of the State of California that the 17 9 foregoing is true and correct and based on my personal knowledge. Executed this 8th day of 18 January, 2021 in Albany, California in the County of Alameda. 10 19 20 11 21 22 12 23 24 13 25 26 14 27 28 5 Pltff/Pet’s Request for Judicial Notice ISO Reply Case No.: CPF-20-517067 EXHIBIT 1 Migrant Education 2019–20 Program Instrument California Department of Education June 2019 I. Involvement ME 01: Parent Advisory Councils (PACs) 1.0 District and regional PACs fulfill their responsibilities to: (a) Establish migrant education program (MEP) goals, objectives, and priorities. (California Education Code [EC] Section 54444.4[a][1]) (b) Review annual needs, year-end assessments, program activities for each school, and individualized education plans. (EC Section 54444.4[a][2]) (c) Be actively involved in the planning and negotiation of program applications and service agreements. (20 United States Code [20 U.S.C.] Section 6394[c][3][A]–[B]; EC Section 54444.4[a][4]) 1.1 Members of the PACs were elected by parents of migrant children at a general meeting to which all parents of pupils enrolled in the MEP were invited. (EC Section 54444.2[a][1][A]) 1.2 The composition of the PAC is determined by the parents of children enrolled in the MEP. (EC Section 54444.2[a][1][A]) 1.3 At least two-thirds of the PAC consist of parents of migrant children. (EC Section 54444.2[a][1][B]) 1.4 The local educational agency (LEA) trains PACs to carry out their responsibilities. Training is developed in consultation with PACs. (EC sections 54444.2[a][5], 54444.4[c][4]) 1.5 The Regional Application (RA) and District Services Agreement (DSA), including any documentation involved in the planning and of operation services, are presented in a format and language understandable to parents. (20 U.S.C. Section 6394 [c][3][B]) California Department of Education June 2019 Page 1 of 22 CDE00054 2019–20 Migrant Education Program Instrument 1.6 By March 31 of each even number year, each migrant region shall convene a Regional Parent Advisory Committee (RPAC) meeting for the purpose of nominating eligible parents to the State Parent Advisory Committee (SPAC). (Title 5, California Code of Regulations [5 CCR] Section 12033[a]) Evidence Requests PAC Bylaws Abbreviation: PACByls Description: List of PAC rules/bylaws to direct activities of members. Item Instructions: ME 01: Provide the most current version of bylaws for PACs. Related Items: ME 01 PAC Meeting Agendas, Minutes, and Sign-In Sheets Abbreviation: PACMtgAgnda Description: Provide recent documents detailing how the PAC addressed all legal requirements per ME items 1.0 to 1.5. Item Instructions: ME 01: Calendar, notifications, agendas, sign-in sheets, minutes, election materials, including a roster of candidates with certificate of eligibility (COE) numbers, and training materials. Related Items: ME 01 Regional Parent Advisory Committee Abbreviation: RgnlPrntlAdvCmte Description: Most current RPAC meeting materials with the nomination of eligible parents to the SPAC. These materials may include but are not limited to, invitations, agendas, sign-in sheets, minutes, election materials, and the roster of candidates with COE numbers and training materials. Item Instructions: Related Items: ME 01 California Department of Education June 2019 Page 2 of 22 CDE00055 2019–20 Migrant Education Program Instrument II. Governance and Administration ME 02: Regional or Direct Funded Application (RA or DFA) 2.0 Operating agencies shall include in their application a description of how the entities will coordinate the planning, budgeting, and operation of the MEPs with the planning, budgeting, and operation of other federal and state education programs addressing the needs of the same or similar pupils of the operating agency. The description shall include timelines and cover services provided through school improvement, non-migrant Title I, state compensatory and limited- and non-English proficient, Title VII, and other funds. (EC Section 54443.1 [h]) 2.1 MEPs shall include all the requirements of EC Section 54443.1(a–h). 2.2 Regions shall be organized so as to provide quality services to all affected parties and maintain fiscal procedures in conformity with requirements adopted by the department. (EC Section 54444.1[a][5]) 2.3 When a district or agency is funded directly by the state, the parties to the service agreement shall include the department and the district or operating agency in which the eligible migrant pupils are enrolled. (EC Section 54444.1[d]) 2.4 Direct funded districts shall be invited by the regions to participate in regional activities and meetings. Staff and parent advisory council members in the districts shall also be invited to regional in-service activities and conferences. (EC Section 54444.1[b]) Evidence Requests Regional Application or Direct Funded Application (RA or DFA) Abbreviation: RegnlAplctn Description: Current year, approved MEP, RA, or DFA describing services and projected costs provided by a region or district to ensure that migratory children and parents receive necessary services. Item Instructions: Related Items: ME 02 California Department of Education June 2019 Page 3 of 22 CDE00056 2019–20 Migrant Education Program Instrument ME 03: District Services Agreement (DSA) 3.0 Operating agencies shall include in their application a description of how the entities will coordinate the planning, budgeting, and operation of the MEPs with the planning, budgeting, and operation of other federal and state education programs addressing the needs of the same or similar pupils of the operating agency. The description shall include timelines and cover services provided through school improvement, non-migrant Title I, state compensatory and limited- and non-English proficient, Title VII, and other funds. (EC Section 54443.1[h]) 3.1 MEPs shall include all the requirements of EC 54443.1(a–h). Evidence Requests District Services Agreement (DSA) Abbreviation: DSA Description: Current year DSA for the district(s) identified by the reviewer. (Previous years' agreements may be requested.) Item Instructions: Related Items: ME 03 ME 04: Migrant Region Services 4.0 The migrant region responsibilities include, but are not limited to, providing: (a) Technical assistance to LEAs according to the service agreement; (b) Interagency coordination that improves services to migratory children and their families; (c) Direct services required by the service agreement; (d) Training for parents and members of district, regional, and school PACs; and (e) Staff development services for MEP staff at the school and district levels. (EC Section 54444.4[c]) California Department of Education June 2019 Page 4 of 22 CDE00057 2019–20 Migrant Education Program Instrument Evidence Requests Description of Migrant Region Services in DSA(s) Abbreviation: DscMgrRgSvsDSA Description: Indicate in a comment at the evidence request level the DSA page numbers where each sub-item (a–e) of 4.0 in the ME program instrument can be found. Item Instructions: Related Items: ME 04 Description of Migrant Region Services in the RA or DFA Abbreviation: DscMgRgSvs Description: Indicate in a comment at the evidence request level the RA or DFA page numbers where each of the sub-items (a–e) in 4.0 of the ME program instrument can be found. Item Instructions: Related Items: ME 04 Direct Service Attendance Records Abbreviation: DSAattrcds Description: Attendance records for a minimum of three different direct services provided by the region to migratory children. Item Instructions: Related Items: ME 04 Interagency Coordination Abbreviation: IntrgncyCrdntn Description: Documentation of inter-agency collaborative work, such as agendas, minutes, and sign-in sheets, to improve services to migratory children. Item Instructions: ME 04: Provide evidence from a minimum of three collaborations with other agencies to deliver services to migratory children and their families. Related Items: ME 04 California Department of Education June 2019 Page 5 of 22 CDE00058 2019–20 Migrant Education Program Instrument Technical Assistance Meetings Documentation Abbreviation: TAmtgdocs Description: Correspondence, agendas, minutes, sign-in sheets, etc. demonstrating the MEP regional office staff provides technical assistance to LEA staff, including objectives and outcomes related to technical assistance and interagency coordination. Item Instructions: ME 04: Provide evidence from at least three technical assistance meetings. Related Items: ME 04 ME 05: District Services 5.0 Each district receiving MEP funds responsibilities include, but are not limited to, providing: (a) Services in compliance with applicable state and federal laws or regulations. (b) Information to parents. (c) Support to instructional staff. (EC Section 54444.4[b]) Evidence Requests Description of District Services in the DSA Abbreviation: DscDstSvcs Description: Indicate in a comment at the evidence request level the DSA page numbers where each sub-item (a–c) of the ME program instrument can be found. Item Instructions: Related Items: ME 05 California Department of Education June 2019 Page 6 of 22 CDE00059 2019–20 Migrant Education Program Instrument District Letters and Notices to Parents Abbreviation: DstLtrNtcPrnt Description: Three samples of current written communication to parents regarding activities for migratory children sent by the school district. Communication must be in English and the families’ home language. Item Instructions: Related Items: ME 05 ME 06: Inventory 6.0 The LEA spending Title I, Part C funding on equipment must maintain a historical inventory record for each piece of equipment with an acquisition cost of $500 or more per unit. The record describes the acquisition by: (a) Type/description (b) Model/name (c) Serial number (d) Funding source and Federal Award Identification Number (e) Acquisition date (f) Cost (g) Location (h) Current condition (i) Transfer, replacement, or disposition of obsolete or unusable equipment. (EC Section 35168; 5 CCR Section 3946; 2 Code of Federal Regulations [CFR] Section 200.313[d][1]) 6.1 Capital expenditures for special purpose equipment are allowable as direct costs, provided that items with a unit cost of $5,000 or more have the prior written approval of the federal awarding agency or pass-through entity. (2 CFR § 200.439[b][2]) 6.2 Disposition of equipment purchased with Title I, Part C funds with a fair market value of $5,000 or more may be retained, sold, or disposed of with written approval of the federal awarding agency or pass-through entity. (2 CFR § 200.313[e][1–4]) 6.3 The LEA must conduct a physical check of the inventory of equipment within the past two years and reconcile the result with inventory records. (2 CFR Section 200.313[d][2]) California Department of Education June 2019 Page 7 of 22 CDE00060 2019–20 Migrant Education Program Instrument Evidence Requests Equipment Inventory Records Abbreviation: EqpmntInvntyRcrds Description: Historical inventory list of all equipment purchased for $500 or more per Education Department General Administrative Regulations (EDGAR)/EC requirements and a record of last physical check of items. If no purchases were made, indicate that in a comment. Item Instructions: ME 06: Provide records for the region only. Related Items: AE 02, AE 09, ELC 06, EXLP 08, EXLP 11, CTE 02, EL 06, HE 08, ME 06, CE 14, NorD 04 III. Funding ME 07: Use of Funds 7.0 The migrant region and LEA use MEP funds only for authorized activities and equipment. (20 U.S.C. sections 6394 [c][1], 6396[b]) Evidence Requests General Ledger Abbreviation: GnLdgr Description: Detailed General Ledger for the specific resource code(s) being reviewed. (The General Ledger should include the date, description, vendor name, and total amount for each expenditure line item). Item Instructions: ME 07: Provide a detailed general ledger for resource codes 3060, 3061, and 3110, for the region and district(s) identified by the reviewer. Related Items: AE 02, FM 01, FM 02, FM 03, FM 05, FM 06, EXLP 09, EXLP 11, EXLP 19, SEI 05, SEI 06, SEI 07, CTE 02, ME 07, ME 08, CE 10, NorD 05 California Department of Education June 2019 Page 8 of 22 CDE00061 2019–20 Migrant Education Program Instrument Use of Funds Abbreviation: UsofFunds Description: Indicate in a comment at the evidence request level the DSA page numbers where information on the use of funds can be found. Item Instructions: Related Items: ME 07 ME 08: Supplement Not Supplant 8.0 The LEA shall use federal funds received under Title I, Part C only to supplement the funds that would, in the absence of such federal funds, be made available from state and local sources for the education of students participating in programs assisted under this part, and not to supplant such funds. (20 U.S.C. sections 6321[b]) Evidence Requests General Ledger Abbreviation: GnLdgr Description: Detailed General Ledger for the specific resource code(s) being reviewed. (The General Ledger should include the date, description, vendor name, and total amount for each expenditure line item). Item Instructions: ME 08: Provide a detailed general ledger for resource codes 3060, 3061, and 3110, for the region and district(s) identified by the reviewer. Related Items: AE 02, FM 01, FM 02, FM 03, FM 05, FM 06, EXLP 09, EXLP 11, EXLP 19, SEI 05, SEI 06, SEI 07, CTE 02, ME 07, ME 08, CE 10, NorD 05 LEA Summer School Records Abbreviation: LEASmrSchlRcds Description: Student attendance records for all MEP summer programs at all sites offered by the LEA. Item Instructions: Related Items: ME 08 California Department of Education June 2019 Page 9 of 22 CDE00062 2019–20 Migrant Education Program Instrument Supplement Not Supplant in DSA(s) Abbreviation: SplmntNtSplnt Description: Indicate in a comment at the evidence request level the DSA page numbers that demonstrate all services are supplemental to other LEA programs and services. Item Instructions: Related Items: ME 08 Supplement not Supplant in the RA or DFA Abbreviation: SplmntNtSpplntRdFa Description: Indicate in a comment at the evidence request level the RA or DFA page numbers that demonstrate that all services are supplemental to other LEA programs and services. Item Instructions: Related Items: ME 08 ME 9: Salaries and Wages 9.0 The LEA must properly charge and document allowable salaries and wages that are reasonable and necessary in accordance with applicable Title I, Part C program requirements. (2 CFR sections 200.414, 200.430[a] and [i], 200.302; California School Accounting Manual [CSAM] Section 905.) Evidence Requests Duty Statements Abbreviation: DtyStmnt Description: An individual employee's duty statement describing responsibilities and activities, as agreed to by employer and employee. Item Instructions: ME 09: Provide a duty statement for all employees paid in whole, or in part, with Title I, Part C funds. Related Items: AE 04, FM 01, FM 03, EXLP 11, SEI 05, SEI 07, CTE 02, ME 09, CE 10, CE 11, CE 13, NorD 06 California Department of Education June 2019 Page 10 of 22 CDE00063 2019–20 Migrant Education Program Instrument Payroll Records Abbreviation: PyrlRcrds Description: Record of salaries and benefits paid to employees that work at the LEA for the fiscal year under review, that identifies the employees’ name, hours worked, gross pay, net pay, deductions, and payroll period. Item Instructions: ME 09: Provide records for employees funded all or in part through Title I, Part C. Related Items: FM 01, FM 03, ME 09 Position Control Report Abbreviation: PstnCntrlRprt Description: Budget report of employees planned to be paid in whole, or in part, with federal funds by resource code in the fiscal year under review. Item Instructions: ME 09: Provide a report for the most recent year, including employee names, resource code(s), salary and benefits for resource codes 3060, 3061, and 3110. Related Items: FM 01, FM 03, SEI 05, SEI 07, ME 09, CE 10, CE 13, NorD 05, NorD 06 Time and Effort Records Abbreviation: TmEfrtRcrds Description: Documentation to support salaries and benefits charged to each program funding source under review in accordance with federal requirements. Records may include personnel activity reports, semiannual certifications, or other equivalent records. Budget estimates do not qualify as support. Item Instructions: ME 09: Provide most recent year time and effort documentation for positions funded all or in part through Title I, Part C. Related Items: AE 02, FM 01, FM 03, EXLP 09, CTE 02, EL 08, HE 10, ME 09, CE 10, CE 13, NorD 05 California Department of Education June 2019 Page 11 of 22 CDE00064 2019–20 Migrant Education Program Instrument IV. Standards, Assessment, and Accountability ME 10: Evaluation, Assessment, and Effectiveness 10.0 The migrant region and LEA measure the progress of migratory children against the desired outcomes of the migrant education program and state academic standards. (20 U.S.C. Section 6396[a][1][C][D]) 10.1 The LEA completes an individual assessment of the educational and health needs of each migratory child within 30 days of enrollment. (EC Section 54443.1[a]) 10.2 The LEA identifies and addresses the unique needs of migratory children in coordination with other federal programs. (20 U.S.C. Section 6396[a][1]) 10.3 The LEA identifies and addresses the needs of migratory children through measurable program goals and outcomes. (20 U.S.C. Section 6396[a][1][D]) 10.4 The LEA and migrant region use academic assessment results and other pertinent data of migratory children to improve the academic achievement of students. (20 U.S.C. sections 6311[b][2][B][i–iii], 6394[c][5]; EC Section 54443.1[a–d]) 10.5 The LEA and, as applicable, migrant region and direct funded district, evaluate and determine the effectiveness of their programs and projects in providing migratory children with the opportunity to meet the same challenging state academic standards. (20 U.S.C. sections 6311[b], 6396 [a][1][C]) Evidence Requests Evaluation, Assessment, and Effectiveness in DSA(s) Abbreviation: EvlEfctvAssmntDSA Description: