Equitable Services to Private Schools

1. Equitable Services to Private Schools Russ Sweet, Education Specialist Oregon Department of Education

2. Objectives • General Information about Private School participation under ESEA • Title I-A, II-A and III requirements • Working with Private Schools • Resources • Contact Information

3. Private School Student Participation under ESEA The Elementary and Secondary Education Act (ESEA), as reauthorized by the No Child Left Behind Act of 2001, provides benefits to private school students, teachers and other education personnel, including those in religiously affiliated schools.

4. In Plain Language. . . Private schools are eligible to receive services. Private schools are not to receive funds directly. No funds are to be channeled through the private school. Any payment to private school personnel for stipends must be paid directly to the individual by the LEA.

5. What Federal programs are affected by these rules?

6. Title I • Title I – Improving the Academic Achievement of the Disadvantaged • Improving Basic Programs Operated by LEAs (Part A) • Even Start Family Literacy (Part B, Subpart 3) • Education of Migratory Children (Part C)

7. Title II • Title II – Preparing, Training and Recruiting High Quality Teachers and Principals • Teacher and Principal Training and Recruiting Fund (Part A) [Equitable participation required to the extent that the LEA uses the funds to provide professional development] • Mathematics and Science Partnerships (Part B) • Enhancing Education Through Technology (Part D)

8. Title III • Title III – Language Instruction for LEP and Immigrant Students • English Language Acquisition, Language Enhancement, and Academic Achievement Act (Part A)

9. Other Title Programs • Title IV – 21st Century Schools • Safe and Drug-Free Schools and Communities (Part A) • 21st Century Community Learning Centers (Part B) • Title V – Promoting Informed Parental Choice and Innovative Programs • Innovative Programs (Part A) • Gifted and Talented Students (Part D, Subpart 6) [More limited language on equitable participation]

10. Programs Requiring Equitable Participation Under the Uniform Provisions (Title IX) Covered Programs: • Even Start Family Literacy • Education of Migratory Children • Teacher and Principal Training and Recruiting Fund • Mathematics and Science Partnerships • Enhancing Education Through Technology • English Language Acquisition, Language Enhancement, and Academic Achievement Act • 21st Century Community Learning Centers [Title I, Basic Programs; Title V, Innovative Programs; and Title V Gifted Programs contain provisions for the equitable participation of private school students within their own titles.]

11. Programs to be discussed in this session • Title I-A • Title II-A • Title III

12. The first step is Consultation • Timely and meaningful consultation during the design and development of the programs • Occurs before any decisions are made that could affect the private school students and teachers from accessing services • Continues throughout the implementation and assessment of services

13. Title I-A Services to Private Schools • Provides supplementary instruction by public school teachers or through a third-party contractor to students who are educationally disadvantaged and failing or at risk of failing to meet high academic standards, and who live in Title I attendance areas.

14. Funding • Generated on the basis of the number of students from low-income families who reside in participating public school attendance area and who attend private schools • There is a worksheet on page 36 of the document, Title I Services to Eligible Private School Children. You can find this document on the ODE website at: http://www.ode.state.or.us/search/page/?id=3345 • In some cases, the private school may be in an adjacent school district

15. Title I-A: Instructional Program • During the school day, before or after school, during the summer • On site at the private school (even religiously affiliated schools), or at other locations • Targeted assisted pullout model, supplementary instruction, direct instruction, computer-assisted instruction, tutoring, family literacy and early childhood programs

16. Title I-A: Professional development • Professional development activities for private school teachers should address how these teachers can serve Title I students better by providing information on research-based reading and mathematics instruction • Funding is an equitable portion of LEA Title I-A funds being used to support professional development for district staff • Do not confuse these professional development funds with those in Title II • There are allowable and non allowable uses of these funds

17. Title I-A: Parent Involvement • After consultation with private school officials, the LEA may conduct these activities independently or in conjunction with the LEA’s regular parent involvement activities • Parent Involvement Activities can vary from simple parent meetings about the Title I Program to more sophisticated activities such as strategies to use at home to build academic success. • Needs to be an equitable portion of the District’s parent involvement set-aside

18. Documentation of Title I-A Private School Consultation and Participation • Document the Process • Initial Communication • Consultation • Instructional program • Professional development • Parent Involvement • Complaint process • Evaluation • Sample documents are available on the ODE website at: http://www.ode.state.or.us/search/page/?id=3345

19. Title II-A Private School Participation • References for requirements can be found in Improving Teacher Quality State Grants ESEA Title II, Part A Non-Regulatory Guidance (Revised October 5, 2006)

20. Title II-A Eligible Activities • Improving the knowledge of teachers, principals, and other educational personnel in one or more of the core academic subjects and in effective instructional teaching strategies, methods, and skills; • Training in effectively integrating technology into curricula and instruction; • Training in how to teach students with different needs, including students with disabilities or limited English proficiency, and gifted and talented students;

21. Title II-A Eligible Activities (cont.) • Training in methods of improving student behavior, identifying early and appropriate interventions, and involving parents more effectively in their children’s education; • Leadership development and management training to improve the quality of principals and superintendents; and • Training in the use of data and assessments to improve instruction and student outcomes.

22. How to Ensure Equitable Services for Title II-A • Assess, address, and evaluate the needs and progress of both public and private school teachers; • Spend an equal amount of funds per student to serve the needs of public and private school teachers and their students; • Provide private school teachers with an opportunity to participate in Title II activities equivalent to the opportunity provided public school teachers; and • Offer educational services to private school teachers that are secular, neutral, and non-ideological.

23. How to Ensure Equitable Services for Title II-A Based on the Needs Assessment of the private school teachers, it may be that a private school professional development plan is different from the one developed for the district’s teachers.

24. Allowable Activities • Professional conferences put on by faith-based organizations (see notes for further clarification) • Stipends for private school personnel to attend professional development outside the teacher’s regular work day (see notes for further clarification)

25. Non-allowable Activities under Title II-A • Private school teacher salaries • Private school substitute salaries • Items or costs that would be required of teachers by the private school* *Title II-A funds supplement non-federal funds. Professional development provided with federal funds needs to be in addition to, and not in place of what the private school would otherwise provide.

26. Title III • Timely and Meaningful Consultation • Equitable and timely services • Secular, neutral and non-ideological • Serve private school LEP children and education personnel directly or through third party contracts • Funds are not co-mingled with non-federal funds

27. Avoiding Problems. . . If problems arise between the LEA and Private Schools, it is attributed to any one or all of the following: • Lack of Communication • Lack of Communication • Lack of Communication

28. Avoiding Problems Timely and meaningful consultation does not mean: • Notifying Private Schools of a meeting happening without sufficient lead time. • A meeting where the LEA has already determined services so “take it or leave it.’ • A one-time meeting. It may take more than one meeting to set up the program.

29. Avoiding Problems. . . Timely and meaningful consultation does mean: • Coming away with a very clear plan that both parties agree on and understand. • Continual monitoring of the implementation of the plan.

30. Common Findings/Issues in Monitoring • Lack of documentation of the process of consultation and program agreements. • Perceived/Real barriers to private school participation as evidenced by: • Short timelines imposed on private schools by the LEA for meetings, consultations, etc. • Inconsistent responses from the LEA to questions by private schools. • Consultation that really isn’t consultation • Private school programs that do not begin until well after school begins.

31. Doing Due Diligence “I’ve tried to consult, but the Private School never responds.” Document due diligence. • Send a registered letter with receipt required • Follow-up with a phone call • Try to make an in-person visit (optional) • If possible, attempt to acquire documentation from the Private school that the school is nor wanting to participate.

32. Resources The No Child Left Behind Act of 2001-Benefits to Private School Students and Teachers (Revised July 2007)

33. Resources Title IX, Part E Uniform Provisions Subpart I-Private Schools, Equitable Services for Eligible Private School Students, Teachers and Other Educational Personnel Non-Regulatory Guidance (Revised March 2009)

34. Resources Title I Services to Eligible Private School Children Non-Regulatory Guidance (Revised October 17, 2003)

35. Web-based resources • Oregon Department of Education http://www.ode.state.or.us/search/page/?id=3345 • US Department of Education Office of Non-Public Education http://www2.ed.gov/about/offices/list/oii/nonpublic/index.html

36. Contact Information • Russ Sweet, Education Specialist russ.sweet@state.or.us (503) 947-5638 • Ann Kaltenbach, Office Specialist ann.kaltenbach@state.or.us (503) 947-5641