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File: Los Angeles Unified 6th-grader Jack Spiewak performs as Macbeth at Eagle Rock Elementary School. District schools can now use a major source of federal funds to incorporate the arts into academics.; Credit: Maya Sugarman/KPCC

Los Angeles Unified School District officials have cleared the way for principals to tap into a major source of funding for arts programs targeting low-income students starting this fall.

Although state and federal officials previously said national Title I dollars, allocated to help disadvantaged students improve in academics, could be used for the arts instruction, some district officials had been reluctant to move ahead. The latest decision reverses the district's long-standing practice and opens the door for Title I-funded arts instruction that helps students improve their academic performance. 

"This has been a long time coming and this really is a day of rejoicing, quite frankly, in LAUSD," said Rory Pullens, the district's executive director of arts education. 

RELATED: For Pasadena school, arts plus math is really adding up

A two-page memo issued Thursday from Pullens, Deputy Superintendent Ruth Perez and Karen Ryback, executive director of Federal and State Education Programs, confirms the arts as a core subject and allows schools with high percentages of low-income students to use Title I funds for the arts.

Those schools "may utilize arts as an integration strategy to improve academic achievement," the directive reads. However, Title I funds are not allowed "to fund programs whose primary objective is arts education," according to the memo. As an example, the funds could be tapped to help students learn a character's point of view in a lesson that requires acting out a skit. 

Title I funding, developed in 1965 as part of President Lyndon Johnson's war on poverty, has been used historically to increase students success in reading and math. The funds have paid for efforts like reading coaches or math tutors, supplemental software programs and professional development for teachers to improve low-performing students' test scores.

At $14 billion a year, the Title I funds make up the federal government's largest expenditure for grades K-12. The majority of LAUSD schools receive Title I dollars.

Arts advocates have long sought to get the second-largest district in the country to shift its stance on Title I arts funding, arguing that the arts have been shown in research to boost student academic performance. 

LAUSD joins just a handful of districts around the state that have committed to a district-wide Title I plan including the arts. San Diego Unified, Sacramento City Unified and Chula Vista Elementary School District are among them, according to Joe Landon, executive director of the California Alliance for Arts Education. 

Landon says beyond these districts, the decision to use Title I for the arts is largely playing out on a school-by-school basis. Some principals are using Title I funds for the arts, but they're doing so largely under the radar, some fearing that state monitors will say the funds were used incorrectly. 

"At each level, there are people that are afraid," Landon said. The reason: schools are accountable for how Title I dollars are spent and misuse could cause schools to lose a valuable funding source. Despite the state and federal directives on Title I allowing arts instruction in academics, school officials have been hesitant to make changes because Title I spending is monitored so closely. 

Landon explained that a decision to use Title I funds for the arts is momentous for schools.

"When districts begin to move," he said, "that really changes it."

Attention turns to principals, funding gatekeepers

When Los Angeles Unified brought on Pullens, attracting him from a well-known arts school in Washington, D.C., he took on the task of securing Title I funding in his early months on the job. He said budgeting would be a huge challenge in increasing access to the arts for more of the district's students. 

The deed now done, Pullens said: "This was clearly a very high priority of what we wanted to accomplish and we are just so thrilled that this has finally come to pass."

It'll now be up to school principals to decide how much of their Title I funding to allocate for arts instruction. Pullens said plans to train principals on the benefits of arts integration are underway.

While the Title I arts spending is not mandatory, he expects the new directive to free up significant funding for the district's arts efforts. He didn't have exact estimates, but pointed out that schools' Title I funds range anywhere from hundreds of dollars to hundreds of thousands of dollars per school. 

As KPCC reported in July, only about 70 of the district's more than 500 elementary schools were on track to provide all four art forms (dance, visual arts, music and theater) for the 2014-2015 school year — a legal requirement under the California education code. 

Cheryl Sattler, senior partner with the Florida-based consulting firm Ethica, has worked closely with about 100 school districts nationwide and estimates only two have used Title I funding for the arts.

“The urgency is to try to get kids to read," she said, "and if you have kids, for example, in the 10th grade who are reading at a 3rd or 4th-grade level, it’s really hard to think past that, because that’s the emergency.” The arts are often left out of the conversation, according to Sattler, which means they're left out of funding.

“I think the issue is that largely principals, and school improvement committees, and other folks who are worried about academic performance don’t always look to the arts and they don’t always know the research about how powerful arts can be,” she said. 

The LAUSD directive described examples of arts integration activities that schools might consider:

• Invite community members to demonstrate or share their talents with students as a prompt for a writing assignment.
• Have students create models that display mathematical data pertaining to each planet of the solar system: distance from the sun, length of day and night, length of year, and day and night surface temperatures.
• Ask students to create a small piece of dance/movement that models their understanding of geometric concepts.
• Encourage students to explore the science of sound by utilizing rubber bands, oatmeal containers, coffee cans, balloons, etc. to construct one or more of the four families of musical instruments: strings, woodwinds, brass and percussion.
• Have students write and perform a short skit to illustrate a literary character’s point of view.
• Provide a lesson on utilizing a software program to create an animated film that highlights key historical events that occurred during the Civil War (In this instance, the cost of the software program would be an appropriate Title I expenditure). 

Supporting Title I Schoolwide Program 2-19-2015

This content is from Southern California Public Radio. View the original story at SCPR.org.

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The Supreme Court's second day of arguments by phone was devoted to a new version of a case it decided seven years ago involving federal money to fight AIDS around the world.; Credit: Andrew Harnik/AP

The Supreme Court kicked off a second day of telephone arguments Tuesday with a case that mingles sex, the HIV/AIDS epidemic and free speech.

At issue is whether the government can require private nonprofits to denounce prostitution in order to qualify for U.S foreign aid grants aimed at fighting the worldwide AIDS epidemic. This is the second time the court has faced this issue, but this time it comes with a twist.

In 2003, Congress, at the urging of President George W. Bush, enacted a major foreign aid program to fight the HIV/AIDS pandemic and prevent new infections worldwide. In appropriating the money, Congress included a provision requiring any private organization that received funding through the program to adopt an explicit policy denouncing prostitution and sex trafficking.

In 2013, the Supreme Court struck down that provision, declaring it unconstitutional because it compelled U.S. nonprofits to adopt an explicit policy as a condition for receiving grant money. By a 6-2 vote, the high court said such a requirement interfered with the free speech rights of private U.S. organizations engaged in the fight against AIDS.

The case was back Tuesday, but this time, the question was whether foreign organizations closely affiliated with those same U.S. nonprofits can be required to adopt the policy denouncing prostitution.

Defending the provision was Assistant to the Solicitor General Christopher Michel. He argued that foreign affiliates of U.S. organizations like Save The Children, CARE and WorldVision are separate legal entities from their parent U.S. organizations, and that as foreign entities, they have no rights under the U.S. Constitution.

Chief Justice John Roberts, who wrote the 2013 decision, seemed unpersuaded.

"Is it reasonable to insist on formal corporate ties in this context?" he asked. "It's undisputed that to be effective in many of the foreign countries involved here, you have to operate through a foreign entity."

Michel responded that if the U.S. nonprofits "make the choice to operate through a foreign entity because they decide that is more convenient or more effective, they have to accept the bitter with the sweet."

Roberts still seemed doubtful, noting that the U.S. nonprofits and their foreign affiliates "have the same name, the same logo, the same brand. And I wonder if it makes more sense to think of the foreign entity as simply another channel for the domestic entity's speech."

Representing the nonprofits was lawyer David Bowker. He maintained that for all practical purposes, there is no difference between the U.S. nonprofits and their foreign affiliates, so making the affiliate adopt an anti-prostitution message effectively puts words in the mouth of the U.S. nonprofit.

Questioned by Justice Clarence Thomas, Bowker said that the harm suffered by the U.S. nongovernmental organizations is that their foreign affiliates must either lose their funding by refusing to comply with the anti-prostitution policy or undermine their mission by denouncing the very people they need to work with — namely prostitutes. And if the foreign affiliates make the pledge needed to get funding, he said, the U.S. parent organizations have to disavow their own affiliates' anti-prostitution pledge, thus harming the entire anti-AIDS fight.

"It's a Catch-22 for these U.S. organizations," said Bowker.

Justice Stephen Breyer followed up: "So why don't you simply write a grant to get all the money yourself and then you give it to CARE India? Why doesn't that work?"

Because, replied Bowker, under the statute, CARE USA, in subcontracting a grant to CARE India, would be required to impose the anti-prostitution pledge on its own affiliate on behalf of the government.

Justice Samuel Alito, who signed on to the court's 2013 decision, said he had more concerns in this case — mainly "that it will force Congress to either withhold foreign aid entirely or allow foreign aid to be used in ways that are contrary to the interests of the people of this country."

Justice Brett Kavanaugh followed up: "Suppose the U.S. government wants to fund foreign NGOs that support peace in the Middle East but only if the NGOs explicitly recognize Israel as a legitimate state. Are you saying the U.S. can't impose that kind of speech restriction on foreign NGOs that are affiliated with U.S. organizations?"

Bowker said that kind of a restriction would likely be acceptable because the aid in that case would be tied to the U.S. relationship with Israel.

Kavanaugh moved on to another question, noting, "The government says your position would unleash foreign affiliates of U.S. corporations to pump money" into U.S. election campaigns, something that is explicitly barred under current law.

Bowker replied that U.S. campaign laws, as ruled on by the Supreme Court in prior cases, allow the ban on foreign contributions because they do not come from U.S. entities at all.

A decision in the case is expected some time this summer. While the court usually concludes its work by the end of June, it is expected that this term will extend into July because the arguments in this and nine other cases were postponed for more than a month because of the coronavirus.

This content is from Southern California Public Radio. View the original story at SCPR.org.

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