esea equitable services: serving private school students, parents and staff jennifer s. mauskapf,...

ESEA EQUITABLE SERVICES:SERVING PRIVATE SCHOOL STUDENTS, PARENTS AND STAFF

Jennifer S. Mauskapf, Esq. [email protected] Brustein & Manasevit, PLLCFall Forum 2012

mailto:[email protected]

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

Brustein & Manasevit, PLLC

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


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

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

http://www.ed.gov/programs/titleiparta/ps/titleitoolkit.pdf

http://www.ed.gov/programs/titleiparta/psguidance.doc

http://www.ed.gov/programs/titleiparta/fiscalguid.pdf

http://www2.ed.gov/nclb/choice/schools/privbenefits/benefitstops.pdf

http://www2.ed.gov/nclb/choice/schools/privbenefits/benefitstops.pdf

THE BIG PICTURE


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


GENERAL RULE

LEA must provide equitable services and benefits to eligible private school students, teachers, other educational personnel, and parents


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


CONSULTATION


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


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

determined Brustein & Manasevit, PLLC

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


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


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


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


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.


• Expenditures under Title IX• Deriving the Allocation, TI-A• Additional TI-A/TIX Expenditure

Considerations

FISCAL ISSUES


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.


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


Deriving the Allocation, TI-A


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


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


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


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


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


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


Poverty Data: Collect Annually or Biennially

Purpose: to reduce burden

Subject to consultation

Not necessary to have uniform procedure for all private schools


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.


Additional TI-A/TIX Expenditure Considerations


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


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)


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.


SERVICE DELIVERY


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

given program Brustein & Manasevit, PLLC

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


QUESTION….

What if child resides in LEA X but attends a private school located in LEA Y?


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

*Includes maintaining title to materials, equipment, and property purchased with those funds Brustein & Manasevit, PLLC

Examples

Instruction provided by LEA employees or third-party contractors

Extended-day services Family literacy Counseling Computer-assisted instruction Home tutoring Take home computers


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


§ 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


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


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.)


Questions?


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

esea equitable services: serving private school students, parents and staff jennifer s. mauskapf,...

Documents

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private school children

sea brustein manasevit

delivery of services

provision of services

scope of services

parents brustein manasevit

determined brustein