ESEA and Private Schools’
Participation
Federal Program Directors’ Conference
Waterfront Place Hotel, Morgantown
March 13, 2013
Disclaimer
“The only thing I
know is that I do
not know it all.”
-- Socrates
ESEA – The Law
SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
(a) PRIVATE SCHOOL PARTICIPATION(1) IN GENERAL- Except as otherwise provided in this Act, to the extent consistent with
the number of eligible children in areas served by a State educational agency, local
educational agency, educational service agency, consortium of those agencies, or
another entity receiving financial assistance under a program specified in
subsection (b), who are enrolled in private elementary schools and secondary
schools in areas served by such agency, consortium, or entity, the agency,
consortium, or entity shall, after timely and meaningful consultation with
appropriate private school officials provide to those children and their teachers or
other educational personnel, on an equitable basis, special educational services or
other benefits that address their needs under the program.
Requirements for all ESEA programs
• Meaningful Consultation
·
·
·
·
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;
· the size and scope of the equitable services;
· the amount of funds available for those services; and
· how and when the LEA will make decisions about the delivery of
services.
ESEA §9501(a)(2)
Requirements for all ESEA programs
Services provided must be:
• Secular, neutral, and nonidealological services of
benefits
• Equitable in comparison to services and other benefits
for public school children and teachers
• Provided in a timely manner
And MAY be provided directly or through contracts with
public and private agencies
ESEA §9501(a)(3)
Requirements for all ESEA programs
Expenditures for educational services and other
benefits provided for eligible private school
children, their teachers, and other educational
personnel serving those children shall be equal,
to the expenditures for participating public
school children.
ESEA §9501(a)(4)
Requirements for all ESEA programs
An agency may provide services directly or through
contracts with public and private agencies,
organizations, and institutions.
ESEA §9501(a)(5)
Requirements for all ESEA programs
The control of funds used to provide services
under this section, and title to materials,
equipment, and property purchased with those
funds, shall be in a public agency for the uses
and purposes provided in this Act, and a public
agency shall administer the funds and property.
ESEA §9501(d)(1)
Title I Equitable Distribution
Private Schools
INSTRUCTION
PROFESSIONAL
DEVELOPMENT
PARENT
INVOLVEMENT
Title II Equitable Distribution
• 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 [Section
9501(a)(2)].
Title III Equitable Distribution
Participation is considered to be equitable if the LEA
• Assesses, addresses and evaluates the needs and
progress of public and private school students and
educational personnel on a comparable basis
• Provides, in the aggregate, approximately the same
amount of services to students and educational
personnel with similar needs
• Spends an equal amount of funds to serve similar public
and private school students and educational personnel
• Provides both groups of students and educational
personnel equal opportunities to participate in program
activities.
Highly Qualified Issues
Title I - The highly qualified personnel requirements apply to those
teachers and paraprofessionals who are directly employed by the
LEA. These requirements do not apply to a third party provider
contracted by the LEA. (Title I private school guidance,B54)
Title II - The requirement for the equitable participation of private
school teachers and other educational personnel applies only to the
LEA’s Title II, Part A funds to the extent that the LEA uses these
funds for professional development of its teachers and other staff.
(Title II, non-regulatory guidance, section G)
Title III - LEA employees or third-party contract employees, are
subject to the requirement that teachers in a Title III program must
be fluent in English and any other language used for instruction.
(USDE Office of Non-Public Education, Frequently Asked Questions)
Equipment Considerations
According to OMB Circular A-122, equipment is defined as an article of
nonexpendable, tangible personal property having a useful life of more
than one year and an acquisition cost which equals or exceeds the
lesser of the capitalization level established by the non-profit
organization for financial statement purposes or $5,000. [Appendix B,
¶15(a)(2)]
Regardless of the control levels selected, county Title I directors must
develop and maintain controls to ensure that all Title I property is
purchased in accordance with the LEA’s procurement procedures and
that adequate controls are maintained to safeguard all equipment
purchased with Title I funds. Therefore an inventory shall be
maintained for all tangible property with a useful life of one year,
regardless of the acquisition cost. The SEA and LEAs are not required
to track consumable items, but are required to maintain an inventory
of items such as computers, PDAs, cell phones, etc.
Adopted by WVDE federal program Committee of Practitioners - April, 2011
Equipment and Private Schools
The LEA is the owner of all equipment, and therefore all
requirements for inventory controls for equipment apply to
equipment purchased for use in private schools. [EDGAR
§76.661(a)]
The subgrantee may place equipment and supplies in a
private school for the period of time needed for the project.
[§76.661(b)] The subgrantee shall remove equipment or
supplies from a private school if no longer needed for the
purposes of the project or to avoid uses for other than
project purposes. [§76.661,(d)(1)(2)]
Off Site Equipment Form
DISTRICT NAME
OFF SITE EQUIPMENT USAGE
DATE OUT
PERSON RESPONSIBLE
EQUIPMENT
DATE RETURN
PERSON RESPONSIBLE
http://wvde.state.wv.us/titlei/documents/offsiteequipmentrecord.doc
CONDITION OF EQUIPMENT
UPON RETURN
Serving Private Schools with Federal
Program Recourses…
• is required for all “titles” under ESEA
• is based on assessing the needs of the private
school through the process of meaningful
consultation
• must be on an equitable basis with the service
to public schools
• provides services, not funding to private
schools
Resources for Information
Title I Non-Regulatory Guidance (Private School)
www.ed.gov/programs/titleiparta/psguidance.doc
Title II Non-Regulatory Guidance
www.ed.gov/programs/teacherqual/guidance.pdf
Title III Private School Fact Sheet
(Office of Innovation and Improvement)
http://www2.ed.gov/about/offices/list/oii/nonpublic/title3-factsheet.html
Contact Information
John Ford, Coordinator
Office of Federal Programs
jford@access.k12.wv.us
(304) 558 – 7805 ext. 53349