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Ensuring Equitable Services to Private School Students. Under the Elementary and Secondary Education Act (ESEA) as reauthorized by the No Child Left Behind Act of 2001 (NCLB) Virginia Department of Education Coordinators’ Technical Assistance Academy August 3-4, 2010.

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Ensuring Equitable Services to Private School Students

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Ensuring Equitable Services to Private SchoolStudents

Under the Elementary and Secondary Education Act (ESEA)

as reauthorized by the

No Child Left Behind Act of 2001 (NCLB)

Virginia Department of Education

Coordinators’ Technical Assistance Academy

August 3-4, 2010


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Private Schools and No Child Left Behind

  • ESEA as reauthorized by NCLB provides benefits to:

    • private school students;

    • private school teachers; and

    • other education personnel, including those in religiously affiliated schools.

  • Services are to be of assistance to students and teachers and not to private schools.

  • NCLB requires that access to equitable services be offered to eligible students, their parents, teachers, and other educational personnel.

  • Participation by the nonpublic school is not required.

    (Sections 1120 and 9501)


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Programs Governed by Uniform Provisions of Title IX of ESEA

Participation of Private School Teachers, Students, and Other Education Personnel


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Private School Participation Under Title IX

  • The Uniform Provisions in Title IX of ESEA govern the participation of private school students, teachers, and other education personnel in certain NCLB programs. (Sections 9501-9504)

  • Eligibility and participation requirements differ from program to program.

    • Specific program requirements can be found in an expanded PowerPoint and accompanying webinars on the Department’s Web site.

    • Web address: http://www.doe.virginia.gov/federal_programs/esea/title9_general_provisions/index.shtml


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Programs Governed by the Uniform Provisions of Title IX

  • Title I, Part B, (Subpart 1), Reading First

  • Title I, Part B, (Subpart 3), Even Start Family Literacy

  • Title I, Part C, Migrant Education

  • Title II, Part A, Teacher and Principal Training and Recruiting Fund

  • Title II, Part B, Mathematics and Science Partnerships

  • Title II, Part D, Enhancing Education Through Technology

  • Title III, Part A, English Language Acquisition

  • Title IV, Part B, 21st Century Community Learning Centers

    Note: Title I, Part A, is not one of the programs and has its own

    requirements. Title IV, Part A, Safe and Drug-Free Schools and

    Communities is no longer funded.


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Programs Governed by the Uniform Provisions of Title IX

Consultation


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Requirements for Timely and Meaningful Consultation

  • Consultation occurs between public and private school officials for the purpose of:

    • designing and implementing a program that will provide equitable services; and

    • meeting the needs of eligible private school students, teachers, and other education personnel.

  • Consultation must:

    • occur before any decision is made that could affect the ability of private school students, teachers and other education personnel to receive benefits; and

    • continue throughout the implementation and assessment of activities.


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Consultation Process

  • The school division:

    • annuallycontacts private schools located within its boundaries with its locally-designed “Intent to Participate Form”;

      • Title IX, Part E, Uniform Provisions, Subpart 1—Private Schools Non-Regulatory Guidance, Revised March 2009 at

        http://www.ed.gov/policy/elsec/guid/equitableserguidance.doc

        has samples of consultation letters, intent to participate forms, and other reference materials.

    • enters into consultation with interested private schools by:

      • collaborating on a mutually agreeable meeting date;

      • planning the meeting well in advance; and

      • including, if feasible, all title programs at the meeting.

  • For competitive grants, consultation should take place during the development of the grant application.


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Consultation Process

  • A school division makes its final decisions about the services and benefits it will provide to eligible students and teachers after:

    • receiving input from the private school officials;

    • identifying the needs of the students and teachers to be served; and

    • discussing key issues relating to providing services.

  • Offering services without an opportunity for timely and meaningful consultation does not meet the requirement of the law.


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The Consultation Meeting

  • The agenda for the meeting should include the following:

    • identification of students’ needs;

    • amount of funds available for services;

    • what services, size and scope will be offered;

    • how and where the services will be provided;

    • who will provide the services;

    • how and when decisions about the delivery of services will be made; and

    • how the services will be assessed and how results of assessment will be used to improve those services.


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Consultation Documentation

  • School divisions may want to document that they have:

    • informed annually the private school officials;

    • engaged in timely and meaningful consultation;

    • identified needs;

    • allocated a per pupil amount of funds for services that is equal to the per pupil amount to public school;

    • discussed logistics of program operation;

    • provided services, programs, materials, and resources;

    • evaluated programs and services for effectiveness; and

    • addressed any problems and formal complaints.

  • A division may use a sign-off form with private school officials to verify consultation has occurred, but there is no statutory requirement to do so under Title IX.


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Programs Governed by the Uniform Provisions of Title IX

Equitable Participation


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Equitable Participation

  • Divisions receiving federal financial assistance are required to:

    • provide services to eligible private school students, teachers, and other personnel consistent with the number of eligible students enrolled in private elementary and secondary schools in the school division, or in the geographic area served by another entity receiving federal financial assistance.

  • The services must be:

    • comparable to the services provided to public school students and teachers participating in the program; and

    • provided in a timely manner.


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Equitable Participation

  • The control of funds for materials, equipment, and property purchased shall be in a public agency.

  • The school division must:

    • assess and evaluate the needs of private school students and teachers;

    • spend an equal amount of funds per student on services;

    • offer services that are:

      • allowable under the particular federal program (can be different services from those provided to public school students and teachers);

      • secular, neutral, and nonideological; and

    • provide private school students and teachers with an opportunity to participate in activities equivalent to the opportunity provided public school students and teachers.


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Programs Governed by the Uniform Provisions of Title IX

Eligibility


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Eligibility

  • Eligibility to receive services includes private school students enrolled in:

    • nonprofit private elementary and secondary schools; including

    • religiously affiliated schools.

  • Some federal education programs restrict eligibility or participation to a particular group of students, such as Limited English Proficient students, in which case the eligibility or participation of private school students likewise is restricted.

  • School divisions do not have to provide equitable services to students and teachers in private, for-profit schools.


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Program Not Governed by the Uniform Provisions of Title IX

Title I, Part A

Improving the Academic Achievement of the Disadvantaged


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Title I, Part A

  • Title I, Part A, has its own provisions governing private school participation. (Title I-A, Section 1120)

  • Bypass and Title I, Part A

    • Bypass is a means by which USED directly provides Title I, Part A, equitable services to private school students and teachers through a third-party provider.

      (Title I-A, Section 1120(e)(1-3)]

      • Fourteen school divisions in Virginia are in the Bypass.

  • School divisions not in the Bypass must provide meaningful consultation with private school officials.

    (Title I-A, Section 1120(b)(1))


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Title I, Part A

Meaningful Consultation

(for Title I Schools not in the

Title I, Part A, Bypass)


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Meaningful ConsultationTitle I, Part A, Not in the Bypass

  • Requirement to receiving federal dollars.

  • Goal is to design and implement a program that will provide equitable services and meet the needs of eligible private school students and/or teachers.

  • Must consult with private school officials prior to division making decisions that affect the opportunities of private school children or teachers to participate in programs.

  • Must discuss funds reserved at the division level for professional development, parental involvement, and special divisionwide instructional programs.


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Meaningful Consultation Title I, Part A, Not in the Bypass

  • Consultation process lies with the school division that is responsible for providing equitable services.

  • Consultation includes discussion on:

    • how children’s needs will be identified;

    • amount of funds available for services;

    • what services will be offered and by whom;

    • size and scope of the services;

    • how and where the services will be provided;

    • how the services will be assessed;

    • how the results of the assessment will be used to improve services; and

    • parental involvement and professional development.


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Meaningful Consultation Title I, Part A, Not in the Bypass

  • Public schools mustmaintain a written affirmation of consultation signed by an official of each participating private school on a yearly basis.

    (Title I-A, Section 1120)

  • If private schools desire direct Title I, Part A, services, the school division should contact the Department’s Title I office for guidance in meeting requirements.

    (Section 1120(b)(1))


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General Information for All Programs

Programs Under the Uniform Provisions, Title IX, Section 9501

and

Title I, Part A


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Timing of Services

  • Services for students in the private schools must begin at the same time in the school year as public school programs.

  • Expenditures should be allowed throughout the school year.

  • If private schools have not been given the opportunity to start their services in a timely manner, the school division should provide additional time for private schools to spend their funds (allowance of carryover as permitted under federal law).

    (Title I-A, Section 1120; Title IX, Section 9501; Regulations 200.66,200.67,200.78)


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Transportation for Nonpublic School Pupils

  • Section 22.1-176.1 of the Code of Virginia relates to agreements to provide transportation for nonpublic school pupils.

    • Local school boards may enter into agreements with nonpublic schools within the school division to provide student transportation to and from such schools under such terms and conditions as the local school boards deem appropriate and responsible; and

    • Such terms may include, but are not limited to, arrangements relating to cost-sharing, fees, insurance, and liability.


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Equitable Services in Private Elementary and Secondary Schools

  • A school division is required to provide equitable services to teachers and students in “private elementary and secondary schools.” Section 9501(a)

    • Definition:

      • “elementary schools” and “secondary schools” are “nonprofit institutional day or residential school(s)” that provide elementary and secondary education.

        (Section 9101(18) and (38))


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Superintendent’s Memorandum

Eligibility of Private Schools to Participate in Federal Programs under the No Child Left Behind Act of 2001 (NCLB)


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Ensuring Private School Participation in Virginia

  • Memo informs school divisions of their obligation to inform officials of private schools located within the division’s boundary that private, nonprofit elementary and secondary schools are eligible to participate on an equitable basis in the following:

    • Federal programs under the Uniform Provisions of Title IX; and

    • Title I, Part A, if the school division is not one of the identified 14 Bypass school divisions.

  • Memo #054-10 sent on March 12, 2010: http://www.doe.virginia.gov/administrators/superintendents_memos/2010/054-10.shtml.


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Data Collection Required for Certain Federal Programs

  • School division is responsible for ascertaining the number of students enrolled in private, nonprofit elementary and secondary schools during the school year who are eligible to participate in the following programs:

    • Title II, Part A

      Teacher and Principal Training and Recruiting Fund

    • Title II, Part D

      Enhancing Education Through Technology

    • Title III, Part A

      English Language Acquisition


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Purposes of Data Collection for the Three Programs

  • Enrollments for these three programs are used for the following purposes:

    • to assist school divisions in determining private schools set-aside amounts for Title II, Part A; and

    • to meet reporting requirements for Title II, Part D, and Title III, Part A.

  • Data for these programs are collected and reported through the consolidated or individual grant application.


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Contacts for Individual Programs

  • Title I, Part A, Improving the Academic Achievement of the Disadvantaged

    Contact: Shady Clark at [email protected]

    (804) 225-2901

  • Title I, Part B (Subpart 1), Reading First

    Contact: Thomas Santangelo at [email protected](804) 225-3203

  • Title I, Part B (Subpart 3), Even Start Family Literacy

    Contact: Cheryl Strobel at [email protected]

    (804) 371-7578

  • Title I, Part C, Migrant Education

    Contact: Patience Scott [email protected]

    (804) 786-9935


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Contacts for Individual Programs

  • Title II, Part A, Preparing, Training, and Recruiting High-Quality Teachers and Principals

    Contact: Carol Sylvester at [email protected]

    (804) 371-0908

  • Title II, Part B, Mathematics and Science Partnerships

    Contact: Paula Klonowski at [email protected]

    (804) 371-0249

  • Title II, Part D, Enhancing Education through Technology

    Contact: Mark Saunders at [email protected]

    (804) 786-0307


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Contacts for Individual Programs

  • Title III, Part A, Language Instruction for Limited English Proficient and Immigrant Students

    Contact: Judy Radford at [email protected]

    (804) 786-1692

  • Title IV, Part B, 21st Century Community Learning Centers

    Contact: Duane Sergent at [email protected]

    (804) 371-2929


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General Information

Diane Jay

Associate Director

[email protected]

(804) 225-2905


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