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ESEA EQUITABLE SERVICES:SERVING PRIVATE SCHOOL STUDENTS, PARENTS AND STAFF
Jennifer S. Mauskapf, Esq. [email protected] Brustein & Manasevit, PLLCFall Forum 2012
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APPLICABLE STATUTES
Title IX, Uniform Provisions: § § 9501-9504 *Governs equitable services under NINE
NCLB Programs Title I-A: § 1120 Title V-A: § 5142 Title V-D-6: § 5466
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GUIDANCE
Title IX, Part E Guidance (Revised, March 2009) www.ed.gov/policy/elsec/guid/equitableserguidance.doc
Ensuring Eq. Servs. to Private School Children: A Title I Resource Toolkit: http://www.ed.gov/programs/titleiparta/ps/titleitoolkit.pdf
Title I Services to Eligible Private School Students Guidance: http://www.ed.gov/programs/titleiparta/psguidance.doc
Title I Fiscal Guidance: http://www.ed.gov/programs/titleiparta/fiscalguid.pdf
Benefits to Private School Students and Teachers http://www2.ed.gov/nclb/choice/schools/privbenefits/benefitstops.pdf
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THE BIG PICTURE
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NCLB Programs w/Eq. Part. Reqs.
Title I, Part A
Reading First (T1-B-1) Even Start Family Literacy (T1-B-3) Migratory Education Program (T1-C) Title II, Part A Mathematics and Science Partnerships (T2-B) Enhancing Education Through Technology (T2-D) English Language Acquisition, Language Enhancement, and
Academic Achievement (T3-A) Safe and Drug-Free Schools and Communities (T4-A) 21st Century Community Learning Centers (T4-B)
Innovative Programs (T5-A) Gifted and Talented Students (T5-D-6)3
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GENERAL RULE
LEA must provide equitable services and benefits to eligible private school students, teachers, other educational personnel, and parents
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Services are Equitable when the LEA… Spends an equal amount of funds to serve similar
public and private school students Provides services and benefits that are equitable in
comparison to the services and benefits provided to public school students
Addresses the specific needs and educational programs on public and private school students on a comparable basis
Provides, in the aggregate, approximately the same amount of services
Provides equal opportunities to participate Provides services that meet private school’s specific
needs
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CONSULTATION
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CONSULTATION:Must be “Timely and Meaningful”
Timely Before the LEA makes any decisions
Meaningful Genuine opportunity for parties to express their
views Views seriously considered Not unilateral offer without opportunity for
discussion On-going
BUT NOTE: LEA has final decision
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Consultation must include… T1-A: 34 CFR 200.63 T9: § 9501(c)(1)
How students’ needs 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 services
The size and scope of services How and when the LEA will make decisions about
the delivery of services Amount of funds available for services and how
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Documenting Consultation
Retain documentation that shows: Informed private school officials of available
federal programs Engaged in timely and meaningful consultation Identified private schools’ needs Allocated sufficient funds for private schools Provided equitable services and benefits Evaluated programs and services for
effectiveness Adequately addressed problems & complaints
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Disagreement Re: Third Party Providers Thorough consideration of private school
officials’ views required
If LEA disagrees with private school officials re: provision of services through a contract must provide a written explanation of the reasons why LEA has chosen not to use a contractor
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Written Affirmation
LEAs must obtain written affirmation from private school officials stating timely and meaningful consultation occurred Signed by officials from each school with
participating children, or representative Note Timing Required by Title I-A, but not Title IX
Send to SEA and maintain in LEA’s files Example in Guidance T9 Note: Guidance (D-9) encourages use of ‘sign-off’
forms although not statutorily required
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Right to File a Complaint
Private School Official has the right to complain to the SEA that the LEA… Did not engage in consultation that was
meaningful and timely; Did not give due consideration to the views of the
private school official; or Did not provide fair and equitable services to
private school children. Private School Official provides basis for complaint
to SEA; LEA will be required to forward the appropriate documentation to the SEA
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SEA Resolution of Complaints
SEA must have written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other individuals and organizations.
SEA decisions may be appealed to the U.S. Secretary of Education.
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• Expenditures under Title IX• Deriving the Allocation, TI-A• Additional TI-A/TIX Expenditure
Considerations
FISCAL ISSUES
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Equal Expenditure Guidelines (T9)
Many LEAs calculate equal expenditures strictly on the basis of the relative enrollments of public and private school students This is not required! Assumes the numbers accurately reflect the
relative needs of students and teachers in public and private schools.
LEAs may use other factors relating to need! Both the number and the educational needs of the
public and private school students must be taken into account.
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T9 Expenditures, cont.
Must consult with private school officials on the method for determining equal expenditures Resulting methodology should reasonably
reflect the relative numbers and educational needs of the public and private school students
Example of how an LEA may provide private school officials with information about funding allocations for services and per pupil expenditures T9 Guidance, J-14: Sample Funding Allocations
for Services Notification Form
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Deriving the Allocation, TI-A
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Equitability: Deriving AllocationGeneral Formula: Based on number of…
1. Private school students 2. From low-income families3. Who reside in Title I-participating public
school attendance areas
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Calculating Allocation for Instruction:
1. Rank public school areas: highest to lowest
2. Identify participating areas3. Calculate PPA for each area4. Calculate allocation amount for each area
Must include nonpublic low-income #
5. Reserve nonpublic amount PPA x # of nonpublic low-income in each
area
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Set-asides
Private school students also must get equitable share of some set-asides… Off the top for districtwide instruction *Off top for parental involvement *Off top for professional development
*Par. Inv. and Prof. Dev. for families and teachers of participating nonpublic students can be provided… In conjunction with the LEA or Independently
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Five Options for Calculating Poverty Data on Private School Students
1. Data from same source2. Survey, with extrapolation3. Comparable data from different source4. Proportionality5. Correlated measure
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Poverty Data, cont.
Proportionality Applying low-income % of each public school
attendance area to number of private school children who reside in that area
Correlated measure Determining the proportional relationship
between two sources and applying that ratio to known source or private school students
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Poverty Data: Guidance
Preferred method: Same source (FRPL) BUT – Legis. and Regs. say equally
available
May use >1 method Use comparable income levels No duplication
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Poverty Data: Collect Annually or Biennially
Purpose: to reduce burden
Subject to consultation
Not necessary to have uniform procedure for all private schools
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What if LEA chooses to “skip” a public school on its list?
If LEA meets the 3 requirements in order to “skip” public school on its list, eligible private school students who reside in that public school attendance area still must: 1) generate funds, and 2) receive services, if eligible.
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Additional TI-A/TIX Expenditure Considerations
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Distributing the Funds
Two options:1. Pooling:
T1-A: Pool all the funds to use for students with greatest educational need anywhere in LEA
T9: Pool funds for the 2+ private schools interested in this option, use in some or all of these schools May NOT pool funds across multiple NCLB
programs2. School-by-School:
T1-A: Funds follow child to private school for educationally needy child in that school
T9: Based on number of children enrolled in the school
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Administrative Costs
Off the top!! Before public and private school allocations
are calculated LEA administrative costs for public and
private school program Third party provider (contractors/private
companies) administrative cost (including fee or profit)
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Carryover
If the LEA does not use all funds designated for service to private school students, how is money treated? IT DEPENDS. If LEA provided equitable services in first year…
then carryover funds revert to regular program pot.
If LEA did not provide equitable services, then must earmark funds for services to private
school students in the carryover year. Use in Year 2, in addition to entire amount of new
allocation. EITHER WAY: Funds remain in control of LEA.
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SERVICE DELIVERY
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Eligibility for Services
Title I-A1. Reside in participating public school
attendance area; AND2. Meet §1115 criteria
Educationally Needy Status eligibility: homeless, Head Start, ERF, etc.
Title IX1. Enrolled in nonprofit private school located in
LEA2. Meet specific eligibility/participation criteria of
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Selection Criteria
Determined by LEA, in consultation
Multiple, educationally-related objective Achievement tests, teacher referrals, grades
NOTE: Preschool-Grade 2
Poverty is NOT a criterion
# of low-income ≠ # eligible for service
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QUESTION….
What if child resides in LEA X but attends a private school located in LEA Y?
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Delivery and Provision of Services
Directly, through private company, or another LEA
May be on-site at private school, with safeguards
Neutral, secular and non-ideological LEA controls Benefit of students, not private school LEA controls finances
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Examples
Instruction provided by LEA employees or third-party contractors
Extended-day services Family literacy Counseling Computer-assisted instruction Home tutoring Take home computers
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Timing of Services
To begin at same time as public program If not LEA should provide additional
services during the remainder of the year and carry over any unspent funds
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§ 1119 Staff Qualifications
Do NOT apply to: Private school teachers or
paraprofessionals Third party contractor teachers or
paraprofessionals
DOES apply to: LEA teachers teaching private school
students LEA paraprofessionals
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Professional Development
For private school teachers of participants
Not for LEA teachers of participants Consult over appropriate services Private school officials cannot arrange,
then submit invoice to LEA
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Accountability
Must assess participating private school students Need NOT be state assessment Consultation
Compare against relevant adequate progress measure
No school improvement consequences (choice, supplemental services, etc.)
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Questions?
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DisclaimerThis presentation is intended solely to provide general information and does
not constitute legal advice. Attendance at the presentation or
later review of these printed materials does not create an attorney-
client relationship with Brustein & Manasevit. You should not take any action based upon any information in
this presentation without first consulting legal counsel familiar with
your particular circumstances.Brustein & Manasevit, PLLC