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Equitable Services What you need to know to participate in 2017–18

Equitable Services What you need to know to participate in 2017–18

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Equitable Services What you need to know to participate in 2017–18

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  1. Equitable Services What you need to know to participate in 2017–18 WebinarMonday, March 13 Paula MooreDirector, Title I, part A/LAP/CPR

  2. The Office of Superintendent of Public Instruction (OSPI) is currently implementing the Equitable Services provisions of the Every Student Succeeds Act (ESSA). Some parts are still under development.Additional webinars will be coming when new information is available.Today’s webinar covers: Part I: Eligibility, Programs, Services Part II: Title I, Part A and Title II, Part A Specifics Part III: Consultation & OSPI & Reporting Part IV: EDS, Additional Resources, Contact

  3. Equitable ServicesPart I • Overview • Eligibility • Programs under ESSA and Other Federal Programs • Types of and Delivery of Equitable Services

  4. Equitable Services, a.k.a “Private Schools” • Federal law allows federal education aid to be provided to children in need, regardless of whether they attend a public or private school. • General principle of the Elementary and Secondary Education Act (ESEA) dating back to 1965. • (Note, this provision does not apply to state funds).

  5. Private School Requirements Private schools may participate in 2017–18 if: • They are a state approved, non-profit, elementary or secondary school certified through the State Board of Education. 2016-17 List • Have completed the Private School October Enrollment Report P105B form in 2016. • Complete the Private Participation in Federal Programs application in the Spring of 2017.

  6. Private Schools Approval & Questions Private School Approval is governed by both state RCW and WAC. Chapter 28A.195.RCWChapter 180-90 WAC Questions? For private school status and October enrollment P105B reporting, contact the Private Education Office at OSPI: 360-725-6433PrivateSchools@k12.wa.us

  7. Private Student Eligibility for Title I, Part A • Resides in participating public school attendance area (i.e., the area of a Title I, Part A School). • Attends a private elementary or secondary school that meets the eligibility to participate in federal programs (regardless of location of private school). AND • Identified as an eligible Title I, Part A student (same as targeted assistance school Section 1115(c) criteria). ESSA Section 1117(a)

  8. Private Student Eligibility for Title I, Part A • Title I, Part A funds may not be used to identify private school children who are eligible to participate. • Private school data should be used for this purpose. • However, Title I, Part A funds may be used to select participants from among those who are eligible and to determine their specific educational needs.

  9. Preschooler Not Eligible in WA Under the federal law, the answer depends on the state’s definition of “elementary education.” • If elementary education includes preschool then, YES. • If elementary education starts with kindergarten then NO. In Washington State, elementary education starts with kindergarten, so preschoolers are not eligible for equitable services under ESSA.**Contact other federal programs for their eligibility requirements.

  10. Equitable Services & ESSA Section 8501(non Title I, Part A)

  11. ESSA Guiding Statutes & Programs • ESSA Section 1117: Title I, Part A • ESSA Section 8501: Title I, Part C ∙ Title II, Part A ∙ Title III, Part A ∙ Title IV, Part A ∙ Title IV, Part B • EDGAR: Sections 76.650-76.677 • Note: Other federal programs have private school participation options, but are not covered under ESSA. Contact those programs for their requirements.

  12. ESSA Applicable Non-Regulatory Guidance November 21, 2016 Fiscal Changes and Equitable Services Requirements under ESEA 1965, as Amended by ESSA https://www2.ed.gov/policy/elsec/leg/essa/essaguidance160477.pdf. Older guidance still applies unless contrary to guidance issued November 21, 2016 September 2006Ensuring Equitable Services to Private School Children: A Title I Resource Tool Kithttps://www2.ed.gov/programs/titleiparta/ps/titleitoolkit.pdf October 17, 2003Title I Services to Eligible Private School Childrenhttp://www2.ed.gov/programs/titleiparta/psguidance.doc.

  13. CTE also in the Private Participation in Federal Programs Application

  14. Federal Programs & Private School Services Not Covered in Webinar

  15. Equity in Service Delivery34 CFR 200.64 Services are equitable if the Local Educational Agency (LEA)– • Addresses and assesses the specific needs and educational progress of eligible children on a basis comparable to public school children. • Meets the “equal expenditure” requirement or total funds equals total funds generated. • Provides private school students with an equitable opportunity to participate and provides reasonable promise in achieving the state’s standards or equivalent standards applicable to private school students.

  16. Same or Equitable?

  17. Comparable Benefits-EDGAR 76.654 • The program must be comparable in quality, scope, and opportunity for participation. • If the needs of the students enrolled in private schools are different than those of public school students, then LEA shall provide different benefits.

  18. Timing of Services • Services for private school children must begin at the same time as services for public school children, according to the U. S. Department of Education (ED)’s Nonpublic School Guidance under NCLB.

  19. Delivery of Equitable Services • Directly, through private company, or another LEA. • May be on-site at private school, with safeguards. • Must be neutral, secular, and non-ideological. ESSA Section 1117(a)(5) and 8501(a)(2)

  20. LEA Control of Services • LEA controls! • The LEA plans, designs, and implements program. • The LEA controls all funds, title to materials, equipment, and property purchased. • The LEA administers such funds, materials, equipment, and property. ESSA Sections 1117(d)and 8501(d)

  21. LEA Control of Services • The LEA may place equipment and supplies in a private school for the period of time needed for the program, and only for the program. • The LEA is required to remove the equipment and supplies from the private school if the LEA no longer needs these items to provide the Title I, Part A services, or if removal is necessary to avoid unauthorized use of the items for other than Title I, Part A purposes. 34 CFR 76.661

  22. Expansion of ESSA & Equitable Services • Wherever ESSA expanded the allowable types of services provided to public school students and teachers, those same services can be provided to the students and teachers at the participating private schools. • Example 1: Dual credit expansion in ESSA • Example 2: Well-Rounded Education

  23. Equitable ServicesPart II • Title I, Part A and Title II, Part A Specifics

  24. ESSA Equitable Services Guiding Premise for Title I, Part A An LEA, in consultation with appropriate private school officials, determines the appropriate Title I, Part A services based on the needs of the private school students.  These services must hold reasonable promise that the academic performance of private school participants will improve. • From Title I Services to Eligible Private School Children, Non-Regulatory Guidance, October 17, 2003, B-28: Once participants are selected, how does an LEA determine what Title I services are to be provided?

  25. Title I, Part A Services Identical to Those in the Public Schools? No. “Title I, Part A services may be provided in subject areas or at grade levels that are different from those provided public school students, as long as these services are provided in the same grade-span as the services provided to public school children.” From Title I Services to Eligible Private School Children, Non-Regulatory Guidance, October 17, 2003, B-28: Once participants are selected, how does an LEA determine what Title I services are to be provided?

  26. Example: Apple Elementary • Can the services to private school students from the Apple attendance area be restricted to math and grade 5? • No. Private school students K–5 in the Apple attendance area are eligible for services. Not limited to math. LAP, too? No. LAP is a state-funded program. Not applicable.

  27. Teacher & Para Qualifications State Assurances • (NEW) The state must ensure all teachers and paraprofessionals working in a Title I, Part A program meet applicable state certification and licensure requirements. • DOES apply to: LEA teachers teaching private school students and LEA paraprofessionals. • Do NOT apply to: private school teachers or paraprofessionals or third-party contractor teachers or paraprofessionals. ESSA Section 1111(g)(2)(j)

  28. More Flexibility for Title II, Part A and Equitable Services The requirements in Section 9501(b)(3) of ESEA, as amended by NCLB, limiting the applicability of the equitable services requirements for Title II, Part A to funds used by the LEA to provide professional development to teachers and others has been removed. ESEA Section 8501(b)

  29. Guidance on Activities for Title II, Part A Equitable Services Any use of Title II, Part A funds for the benefit of private school participants must: • Be an allowable local use of Title II, Part A funds under the authorizing statute. (ESEA Section 2103(b)(3)) • Meet the specific needs of students enrolled in a private school, and not the school itself. • Ensure that the public agency (e.g., an LEA) responsible for providing equitable services retains control of the funds used to provide such services and the employment or contract must be under the control and supervision of the public agency. (ESEA Section 8501(d)) See Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, P-3: What types of activities may an LEA now provide to private school participants?

  30. Can Title II, Part A equitable services support class size reduction? • No. • Equitable services under Title II, Part A may not be used for class-size reduction in a private school because contracts for private school teachers and staff would be inconsistent with the requirements in ESEA Section 8501(d) regarding public control of funds and the supervision and control of employees or contractors. (ESEA Section 2103(b)(3)(D)) • See Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, P-3: What types of activities may an LEA now provide to private school participants?

  31. ESSA Changes in Set-asides • Set asides for equitable services have changed for • Title I, Part A and Title II, Part A.

  32. Determining the Title I, Part A Allocation for Equitable Services • An LEA must determine the amount of funds available for providing equitable services prior to any expenditures or transfers of funds. This includes all reservations previously taken “off the top” of an LEA’s Title I, Part A allocation, including reservations for administration, parental involvement, and district-wide initiatives. • From Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, O-1: May an LEA reserve funds off the top of its Title I allocation before it allocates funds for equitable services?

  33. Step 1 to Determine Title I, Part A Allocation for Equitable Services Attendance Areas & Public and Private School Children: LEA establishes the participating public school attendance areas. Determines the number of children from low-income families residing in each participating public school attendance area who attend public schools and private schools. • See Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, O-2: How does an LEA determine the proportionate share of Title I funds available for all equitable services activities (i.e., administration, instruction, activities for parents and families of participating private school students, and professional development for teachers of participating private school students) now that this amount must be determined before any allowable expenditures or transfers of funds, including off-the-top reservations?

  34. Step 2 to Determine Title I, Part A Allocation for Equitable Services Using the proportion of children from low-income families who attend private schools, the LEA would determine the amount of funds available for equitable services based on that proportionate share of the LEA’s total Title I, Part A allocation. • See Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, O-2: How does an LEA determine the proportionate share of Title I funds available for all equitable services activities (i.e., administration, instruction, activities for parents and families of participating private school students, and professional development for teachers of participating private school students) now that this amount must be determined before any allowable expenditures or transfers of funds, including off-the-top reservations?

  35. Example Title I, Part A for $1 MillionEquitable Services Amount

  36. Parent & Family Engagement (PFE)& Equitable Services • ESEA Section 1116(a)(3)(A) requires an LEA to reserve and spend at least 1 percent of its Title I, Part A allocation to carry out required Title I, Part A PFE activities if the LEA’s Title I, Part A allocation exceeds $500,000. To determine the minimum amount it must spend on PFE activities, an LEA must calculate 1 percent of its total Title I, Part A allocation. • See Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, O-4: How does an LEA determine the amount of Title I funds to be used for parent and family engagement activities for participating private school students?

  37. Example: PFE & Equitable Services

  38. Planning Tool Available for Title I, Part A • OSPI’s Title I, Part A office has put together a step-by-step guide to calculate Equitable Share for Title I, Part A under ESSA. It also has an excel tool available for LEAs. • We will now take a few moments to walk through the tool. • This tool will be posted on the Title I, Part A and Private Schools page soon.

  39. New Title II, Part A Set Aside for Equitable Services LEA reservation for equitable services for private school teachers and other educational personnel for Title II, Part A services is the LEA’s total Title II, Part A allocation, less administrative costs. Step 1: Sum Enrollment of LEA & Participating Private Schools Step 2: Take the LEA Title II, A Allocation, less administrative costs Step 3: Divide the allocation for Title II, Part A activities by the number of total students to determine a per student amount Step 4: Take the amount per student multiplied by the private school enrollment. See Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, P-2: How does an LEA determine the amount required for Title II, Part A equitable services to private school teachers and other educational personal now that this amount must be based on the LEA’s total Title II, Part A allocation?

  40. Example for Title II, Part A Equitable Services Set Aside

  41. Equitable ServicesPart II • Consultation • New OSPI Roles &Responsibilities • New LEA Reporting • Most Common ED Findings

  42. Consultation • (NEW): The goal of all parties should be to reach an agreement on how to provide equitable and effective programs for eligible private school children. • LEA must provide “timely and meaningful” consultation with appropriate private school officials. ESSA Section 1117(a)(1)(A) and (b) ESSA Section 8501(c)(1)

  43. What is Timely? ESSA Section 1117(b)(3)/8501(c)(3) Before the LEA makes any decisions about opportunities for private school students’ participation. Meetings shall continue throughout implementation and assessment of services. Observation A simple letter on the intent of program is not enough. ED suggests invitation to meet to explain. Document that you attempted contact and held meetings. Logging this is required in EDS.

  44. What is Meaningful? Genuine opportunity for parties to express their views. • EDGAR 76.652 Views seriously considered. The LEA may initiate consultation with a proposal for services. Final decisions made by the LEA after consultation.

  45. Consultation: Required Topics Title I, Part AESSA Section 1117(b)(1) • How the LEA will identify the needs of eligible private school children. • What services the LEA will offer to eligible students. • How, where and by whom the services will be provided. • How the LEA will academically assess the services and how the LEA will use the results to improve the Title I, Part A services. • The size and scope of the equitable services that the LEA will provide.

  46. Consultation: Required Topics Title I, Part AESSA Section 1117(b)(1) • The method/sources of poverty data used. • Delivery of services. Must give consideration to the views of the private school officials regarding the provision of services through a contract with third-party providers. • How, if the LEA disagrees with private school officials regarding provision of equitable services through a contracted third-party provider, the LEA will provide notice, an analysis, and reasons to the private school officials.

  47. Consultation: Required Topics Title I, Part AESSA Section 1117(b)(1) • Whether the agency shall provide services to eligible students directly or through third-party contractor. • (NEW) Whether to provide funding through a “pool of funds” or with the proportion of funds allocated under this section. • (NEW) When services will be provided. • (NEW) Whether to consolidate and use Title I, Part A funds in coordination with funds from other eligible programs that are dedicated to providing equitable services to private school students.

  48. Consultation: Required Topics, Other Programs ESSA Sec. 8501(c) • How the LEA will identify the needs of eligible private school children. • What services the LEA will offer to eligible students. • How, where and by whom the services will be provided. • How the LEA will academically assess the services and how the LEA will use the results to improve the Title I, Part A services. • The size and scope of the equitable services that the LEA will provide.

  49. Consultation: Required Topics Other Programs • Delivery of services. Must give consideration to the views of the private school officials regarding the provision of services through a contract with third-party providers. • (NEW) Whether the agency shall provide services to eligible students directly or through third-party contractor. • (NEW) Whether to provide funding through a “pool of funds” or with the proportion of funds allocated under this section.

  50. Disagreement: What Happens? (NEW) If an LEA disagrees with the views of private school officials with respect to any topic subject to consultation, the LEA must provide in writing to such private school officials the reasons why the LEA disagrees. Final decision rests with the LEA. ESSA Section 1117(b)(2)/Section 8501(c)(2)