Ensuring Equitable Services to Private Schools

1. Ensuring Equitable Services to Private Schools Under the Elementary and Secondary Education Act (ESEA) as reauthorized by the No Child Left Behind Act of 2001 (NCLB) Prepared by the Virginia Department of Education (VDOE) Updated October 2009

2. Private Schools and No Child Left Behind • The Elementary and Secondary Education Act (ESEA) as reauthorized by the No Child Left Behind Act of 2001 (NCLB) provides benefits to: • private school students; • private school teachers; and • other education personnel, including those in religiously affiliated schools. • Services are considered to be assistance to students and teachers and not to private schools. • NCLB requires equitable participation of private school students, teachers, and other educational personnel. (Sections 1120 and 9501)

3. Table of Contents PAGE Part 1: Programs Governed by The Uniform Provisions of Title IX4 • Nine Programs6 • Program Descriptions8 • Meaningful Consultation67 • Equitable Participation78 • Eligibility82 • Superintendent’s Memorandum85 Part 2: Title I, Part A90 • Meaningful Consultation97

4. Table of Contents PAGE Part 3:General Information for All Programs 101 • Timing of Services102 • Transportation for Nonpublic School Pupils103 • Tips for Private School Officials104 Resources 107 Guidance Documents109 Contact Information 117

5. PART 1 Programs Governed by the Uniform Provisions of Title IX Participation of Private School Teachers, Students, and Other Education Personnel

6. Private School Participation Under Title IX of ESEA • The Uniform Provisions in Title IX of ESEA, Sections 9501-9504, govern the participation of private school students, teachers, and other education personnel in nine NCLB programs. • Eligibility and participation requirements differ from program to program.

7. Nine NCLB Programs Under Title IX PAGE • Title I, Part B (Subpart 1) Reading First9 • Title I, Part B (Subpart 3) Even Start Family Literacy 15 • Title I, Part C Migrant Education20 • Title II, Part A* Teacher and Principal25Training and Recruiting Fund *Title IX requirements apply to Title II, Part A, for professional development only, with equitable services to private school teachers. [Title IX, Section 9501(b)(3)(B)]

8. Nine NCLB Programs (continued) PAGE • Title II, Part B Mathematics and Science 35 Partnerships • Title II, Part D Enhancing Education Through 43Technology • Title III, Part A English Language Acquisition49 • Title IV, Part A Safe and Drug-Free Schools 56and Communities • Title IV, Part B 21st Century Community 61Learning Centers

9. Nine Programs Governed by the Uniform Provisions of Title IX Program Descriptions

10. Title I, Part B (Subpart 1) Reading First

11. Title I, Part B (Subpart 1) Reading First Purpose of Program: (Section 1201) • Reading First is designed to significantly reduce the number of children identified with reading problems through early diagnosis and immediate intervention. • The goal is that all children will read on grade level by the end of third grade. • Funds are provided to states to support scientific reading research-based programs and practices to improve reading instruction. • Reading First funds support: • increased professional development to ensure that all teachers have the skills they need to teach these programs effectively; and • use of screening and diagnostic tools and classroom-based instructional reading assessments to measure how well students are reading and to monitor their progress. (Guide to U.S. Department of Education Programs 2008, p.155, http://www.ed.gov/programs/gtep/gtep.pdf)

12. Title I, Part B (Subpart 1) Reading First Provision of Services to Private Schools: • Private school students in the public school division receiving Reading First funds are eligible for services if: • private school children reside in the attendance area of a public school receiving Reading First funds, or • the location of a private school is in the attendance area of a public school receiving Reading First funds. (Equitable Services to Private School Students and Teachers, January 2008, http://www.ed.gov/programs/readingfirst/guidance7-06.doc)

13. Title I, Part B (Subpart 1) Reading First Receipt of Services in Private Schools: • Private school teachers and students in Virginia must comply with the requirements of Virginia’s Reading First plan to participate. • The requirements include: • establishment of a ninety-minute uninterrupted instructional reading block; • use of scientifically-based instructional programs, materials, and strategies; • use of approved screening, diagnostic and outcome measures; and • required training of all teachers of grades K-3 through the Virginia Teacher Reading Academy. • Superintendent’s Memorandum Informational, Number 190, August 15, 2008 on Reading First http://www.doe.virginia.gov/info_centers/superintendents_memos/2008/08_aug/inf190.html

14. Title I, Part B (Subpart 1) Reading First Receipt of Services in Private Schools: • Services to private school students and teachers* include: • reading coach services for private school teachers as long as the coach is a public employee or contractor and is under the supervision of the public school division; • purchase of instructional materials, including reading textbooks for the use of private school students (only if their current reading program does not meet Reading First requirements); and • stipends for private school teachers who are participating in Reading First professional development activities (outside of regular employment hours). *Provided the private school students and teachers belong to a private school that is located in the attendance area of a public school receiving Reading First funds. (Equitable Services to Private School Students and Teachers, January 2008, http://www.ed.gov/programs/readingfirst/guidance7-06.doc)

15. Title I, Part B (Subpart 1) Reading First Receipt of Services in Private Schools (continued): • The public school division is required to use the same assessment with private school students, if appropriate, that it uses to evaluate the effectiveness of the Reading First program with public school students. (Equitable Services to Private School Students and Teachers, January 2008, http://www.ed.gov/programs/readingfirst/guidance7-06.doc)

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

17. Title I, Part B (Subpart 3)Even Start Family Literacy Purpose of Program: • The Even Start Family Literacy Program provides funding through competitive grants to partnerships of school divisions and other public and private entities to support comprehensive family literacy programs. (Section 1231) • Programs target and serve at-risk families who are most-in-need. (Sections 1235, 1236, and 1237) • Eligibility is determined by the parent or guardian’s levels of literacy and income. (Section 1235)

18. Title I, Part B (Subpart 3)Even Start Family Literacy Purpose of Program (continued): • The literacy level of the parent or guardian is indicated by: • the absence of a high school diploma or its equivalent; or • inability to speak, read, or write in English. (Section 1235) • If the parent/family is eligible, the school-age child may be up to age 7 when the family enrolls in Even Start. (Section 1236) • The program integrates the following services: • early childhood education; • adult education; • parenting education; and • parent-child interactive literacy activities. (Section 1235)

19. Title I, Part B (Subpart 3)Even Start Family Literacy Provision of Services to Private Schools: • Children from the ages of birth to 7 who attend private schools are eligible for Even Start services if the following apply: • their parents are eligible and enrolled in the program; and • if the children receive Title I services. (Section 1236) Receipt of Services in Private Schools: • The program requires equitable services for eligible Even Start families.

20. Title I, Part B (Subpart 3)Even Start Family Literacy Location of Services: • How and where services are provided is determined through consultation with private school officials. • The Even Start grantee is responsible for ensuring that timely and meaningful notification and consultation is conducted with appropriate private school officials located within the program’s service area. • Notification may be accomplished by inclusion of the school division’s Even Start program in the process undertaken by the Title I office. (Section 1304)

21. Title I, Part CEducation of Migratory Children

22. Title I, Part CEducation of Migratory Children Purpose of Program: (Section 1301) • The Migrant Education Program provides financial assistance to improve education for migrant students to reduce the educational disruption that results from repeated moves. • The program ensures that migrant children receive full and appropriate opportunities to meet the same academic and content standards that all children are expected to meet. • States provide services and activities either directly or through subgrants to either school divisions or public or nonprofit private agencies.

23. Title I, Part CEducation of Migratory Children Provision of Services to Private Schools: • Children who attend private schools are eligible to receive migrant education services if they: • meet the definition of a migrant child; • meet the priority for services criteria in Section 1304(d) of NCLB; and • have specified educational needs identified through the state’s comprehensive needs assessment and service delivery plan. • The fiscal agent for a regional Migrant Education Program (MEP) is responsible for conducting the timely and meaningful consultation with allappropriate private school officials located within the regional MEP.

24. Title I, Part CEducation of Migratory Children Provision of Services to Private Schools(continued): • The local operating agency has the discretion to determine what number of eligible students is too few to serve, so long as this determination is made on an equitable basis (i.e., on the same basis as public schools). • If it is feasible and equitable, the agency may adopt alternative methods that are cost-effective to serve small numbers. • These methods could include individual tutoring programs, professional development activities with the classroom teachers of eligible migrant students, or other strategies. (Title I, Part C, Education of Migratory Children, Draft Non-Regulatory Guidance, 2003)

25. Title I, Part CEducation of Migratory Children Receipt of Services in Private Schools: • The program requires equitable services for private school migrant students and their teachers, and other education personnel in schools located in targeted areas. Location of Services: • How and where services are provided is determined through consultation with private school officials. • Based on the outcome of the consultation between the public and private school officials, direct services may be provided at the public or private school, including religiously affiliated schools. (Title I, Part C, Education of Migratory Children, Draft Non-Regulatory Guidance, 2003)

26. Title II, Part ATeacher and Principal Training and Recruiting

27. Title II, Part ATeacher and Principal Training and Recruiting Purpose of the Program: • The program provides assistance for preparing, training, recruiting, and retaining high-quality teachers. • The amount of funding available for services to private school personnel is governed by Section 9501(b)(3), which requires equitable services for private school teachers and other education personnel to the extent that the division uses its funds for professional development. • Services must be: • supplemental, and not supplant, professional development activities already taking place; • nonsectarian and nonideological; and • based on need and research. (Office of Non-Public Education, “Benefits to Private School Students and Teachers,” pp. 4-5)

28. Title II, Part ATeacher and Principal Training and Recruiting Provision of Services: • Activities may include the following: • improving teachers' knowledge in the core academic subjects and effective instructional teaching strategies; • technology integration training; • training in the methods to: • teach students with different learning styles; • assist teachers in using assessments to improve instruction and student outcomes; and • improve student behavior, identify early and appropriate interventions, and involve parents more effectively in their children’s education; and • educational leadership development. (Title II, Part A, Improving Teacher Quality State Grants, Non-Regulatory Guidance, Section G, October 5, 2006; Title IX, [Section 9501(a)(2)])

29. Title II, Part ATeacher and Principal Training and Recruiting Provision of Services (continued): • Examples of non-allowable activities for private schools include the following: • salaries for principals, teachers, or substitute teachers; • professional development activities with a sectarian or ideological focus; and • materials for students. • Only materials for teachers to use for professional development purposes are allowable; and • The public school division maintains the title to any materials purchased. (Title II, Part A, Improving Teacher Quality State Grants, Non-Regulatory Guidance, Section G, October 5, 2006; Title IX, [Section 9501(a)(2)])

30. Title II, Part ATeacher and Principal Training and Recruiting Provision of Services(continued): • For the purposes of determining the amount of program funds for services to private school teachers, the law "imputes" a minimum amount of program funds devoted to professional development as the total amount spent in fiscal year 2001 for professional development under the predecessor Eisenhower Professional Development Program and the Class Size Reduction Program. • The amount of funds to be used in providing equitable services to participating private schools is determined as follows: • Set-aside amounts to be used on behalf of private schools are calculated on a per pupil basis within the annual application for Title II, Part A, funds and entered into the overall Title II, Part A, budget. (Title II, Part A, Improving Teacher Quality State Grants, Non-Regulatory Guidance, G-9, October 5, 2006)

31. Title II, Part ATeacher and Principal Training and Recruiting Provision of Services (continued): • The per pupil calculation is based on K-12 enrollments of the school division and participating private schools. • The baseline figure to be used to calculate per-pupil amounts is the larger amount of either of the following: • the amount awarded to the school division in 2001-2002 for professional development under the Eisenhower Professional Development Program; or • the amount of funding in the current year’s application designated for professional development. (Title II, Part A, Improving Teacher Quality State Grants, Non-Regulatory Guidance, G-5, October 5, 2006)

32. Title II, Part ATeacher and Principal Training and Recruiting Provision of Services (continued): • Regarding fiscal issues, the school division and private school should work together to ensure activities are planned and implemented and adequate time is allowed for encumbering and reimbursing expenses. • Funds are available as of July 1 of the award year. • Funds must be expended within a 27-month timeframe. (For example, 2008-2009 funds are available as of July 1, 2008, and must be encumbered no later than September 30, 2010.) • The public school division is responsible for administering all funds. (Title IX, Part E, Uniform Provisions Subpart 1—Private Schools, Non-Regulatory Guidance, Section F, August 2005)

33. Title II, Part ATeacher and Principal Training and Recruiting Provision of Services(continued): • A private school may not pay for services and request reimbursement from the school division. • Materials purchased on behalf of the private school for professional development remain the property of the public school division. • If a private school teacher attends an approved professional development activity (consult with local school division prior to enrollment), it is permissible for the school division to reimburse the individual teacher directly for out-of-pocket expenses. (Title IX, Part E, Uniform Provisions Subpart 1—Private Schools, Non-Regulatory Guidance, Section F, August 2005) (Title II, Part A, Improving Teacher Quality State Grants, Non-Regulatory Guidance, G-12, October 5, 2006)

34. Title II, Part ATeacher and Principal Training and Recruiting Receipt of Services: • Teachers and principals in private, nonprofit private schools within the geographic boundaries of the school division are eligible to participate in Title II, Part A, professional development services. (Title IX, Section 9501(c)(1))

35. Title II, Part ATeacher and Principal Training and Recruiting Location of Services: • How and where services are provided is determined through consultation with private school officials and should include: • how the needs of children and teachers will be identified; • what services will be offered; • how, where, and by whom the services will be provided; • how the services will be assessed and how the results of the assessment will be used to improve those services; • size and scope of the equitable services; and • how and when the school division will make decisions about the delivery of services. • If needs are similar between public and private schools, public and private school teachers may participate jointly in professional development activities. (Title II, Part A, Improving Teacher Quality State Grants, Non-Regulatory Guidance, Sections F-G, October 5, 2006)

36. Title II, Part BMathematics and Science Partnerships

37. Title II, Part BMathematics and Science Partnerships Purpose of Program:(Section 2201) • The purpose of the Mathematics and Science Partnership (MSP) program is to improve the academic achievement of students in the areas of mathematics and science by encouraging state departments of education, institutions of higher education, school divisions, elementary schools, and secondary schools to participate in programs that: • improve and upgrade the status and stature of mathematics and science teaching by encouraging institutions of higher education to assume greater responsibility for improving mathematics and science teacher education through the establishment of a comprehensive, integrated system of recruiting, training, and advising mathematics and science teachers;

38. Title II, Part BMathematics and Science Partnerships Purpose of Program(continued): • focus on the education of mathematics and science teachers as a career-long process that continuously stimulates teachers' intellectual growth and upgrades teachers' knowledge and skills; • bring mathematics and science teachers in elementary schools and secondary schools together with scientists, mathematicians, and engineers to increase the subject matter knowledge of mathematics and science teachers and improve such teachers' teaching skills through the use of sophisticated laboratory equipment and work space, computing facilities, libraries, and other resources that institutions of higher education are better able to provide than the elementary schools and secondary schools;

39. Title II, Part BMathematics and Science Partnerships Purpose of Program:(Section 2201) • develop more rigorous mathematics and science curricula that are aligned with challenging state and local academic content standards and with the standards expected for postsecondary study in engineering, mathematics, and science; and • improve and expand training of mathematics and science teachers, including training such teachers in the effective integration of technology into curricula and instruction. • Each state has the flexibility to determine what the priorities will be for each grant cycle. • Grants are awarded on a competitive basis in response to a request for proposals issued by the Virginia Department of Education.

40. Title II, Part BMathematics and Science Partnerships Provision of Services to Private Schools: • All partnering institutions, including private schools, must be identified in the grant proposal and include evidence of partnerships. • The program requires the equitable participation of teachers who teach in private schools located in school divisions where grants are awarded. • The term “eligible partnership” means a partnership that shall include: • an engineering, mathematics, or science department of an institution of higher education; and • a high-need school division.

41. Title II, Part BMathematics and Science Partnerships Provision of Services to Private Schools(continued): • The eligible partnership may include: • another engineering, mathematics, science, or teacher training department of an institution of higher education; • additional school divisions, public charter schools, public or private elementary or secondary schools, or a consortium of such schools; • a business; or • a nonprofit or for-profit organization of demonstrated effectiveness in improving the quality of mathematics and science teachers.

42. Title II, Part BMathematics and Science Partnerships Receipt of Services in Private Schools: • Private schools that have chosen to participate as partners in the grant should receive access to services in the same manner as public school participants. • The program allows participation of teachers who teach in private schools located in school divisions where grants are awarded, if the private school has been indicated as a partner. • School divisions must apprise private schools of the opportunity and requirements of the grant as they are writing the proposal. • Private schools cannot join the grant unless indicated as a partner from the beginning. • The grant proposal should outline specific activities and timelines and all partners should be an integral part of designing the program.

43. Title II, Part BMathematics and Science Partnerships Location of Services: • How and where services are provided is determined though consultation with all of the partners in the MSP grant.

44. Title II, Part DEnhancing Education Through Technology

45. Title II, Part DEnhancing Education Through Technology Provision of Services to Private Schools: • School divisions and local entities must provide, on an equitable basis, educational services or other benefits that address the needs under the program of children, teachers, and other educational personnel in private schools in areas served by the school divisions and local entities. • Expenditures for educational services and other benefits for private school children, teachers, and other educational personnel must be equal to the expenditures for participating public school children taking into account the number of eligible students and educational needs of the children to be served. (Title IX, Part E, Uniform Provisions, Subpart 1 – Private Schools, Section G, Non-Regulatory Guidance, 2005)

46. Title II, Part DEnhancing Education Through Technology Provision of Services to Private Schools (continued): • When working with private school officials, school divisions: • may use third-party contractors; • maintain control of funds; • manage implementation and maintain ownership of assets; • may pay stipends to private school educators; • may not reimburse for goods/services purchased by private schools; and • may hire and pay private school teachers to provide federal supplementary services to private school students, but time spent providing such services must be separate from their contract hours with the private school. (Title IX, Part E, Uniform Provisions, Subpart 1 – Private Schools, Section G, Non-Regulatory Guidance, 2005)

47. Title II, Part DEnhancing Education Through Technology Provision of Services to Private Schools(continued): • Federal funds may not be used to purchase textbooks for private school students' use in their regular classroom. • Purchases with federal funds must be supplemental and must not supplant what the private school would otherwise provide. • Private schools may participate in the school division’s professional development activities and divisions in demonstrating reasonable promise of effectiveness with services that meet the specific needs of private schools. (Title IX, Part E, Uniform Provisions, Subpart 1 – Private Schools, Section E, Non-Regulatory Guidance, 2005)

48. Title II, Part DEnhancing Education Through Technology Receipt of Services in Private Schools: • The program requires equitable services for private school students, teachers, and other educational personnel in private schools in areas served by the school divisions and local entities. (Title IX, Part E, Uniform Provisions, Subpart 1 – Private Schools, Section E, Non-Regulatory Guidance, 2005)

49. Title II, Part DEnhancing Education Through Technology Location of Services: • The school division or local entity has the responsibility to implement programs for private school students, teachers, and other educational personnel. • How and where services are provided is determined through consultation with private school officials. • If a school division or local entity contracts with a third-party provider to provide services and benefits to eligible private school students and teachers, the division or local entity remains responsible for ensuring that private school students and teachers receive equitable services and the requirements of the statute are met. (Title IX, Part E, Uniform Provisions, Subpart 1 – Private Schools, Section G, Non-Regulatory Guidance, 2005)

50. Title III, Part A English Language Acquisition, Language Enhancement and Academic Achievement