Ensuring Equitable Services to Private Schools

1
Ensuring Equitable Services to Private Schools

• Under the Elementary and Secondary Education Act
  (ESEA) as reauthorized by the
• No Child Left Behind Act of 2001 (NCLB)
• Prepared by the Virginia Department of Education
  (VDOE)
• Updated October 2009

2
Private Schools and No Child Left Behind

• The Elementary and Secondary Education Act (ESEA)
  as reauthorized by the No Child Left Behind Act
  of 2001 (NCLB) provides benefits to
• private school students
• private school teachers and
• other education personnel, including those in
  religiously affiliated schools.
• Services are considered to be assistance to
  students and teachers and not to private schools.
• NCLB requires equitable participation of private
  school students, teachers, and other educational
  personnel.
• (Sections 1120 and 9501)

3
Table of Contents

• PAGE
• Part 1 Programs Governed by
• The Uniform Provisions of Title IX 4
• Nine Programs 6
• Program Descriptions 8
• Meaningful Consultation 67
• Equitable Participation 78
• Eligibility 82
• Superintendents Memorandum 85
• Part 2 Title I, Part A 90
• Meaningful Consultation 97

4
Table of Contents

• PAGE
• Part 3 General Information for All Programs
  101
• Timing of Services 102
• Transportation for Nonpublic School
  Pupils 103
• Tips for Private School Officials 104
• Resources 107
• Guidance Documents 109
• Contact Information 117

5
PART 1 Programs Governed by the Uniform
Provisions of Title IX

• Participation of Private School Teachers,
  Students, and Other Education Personnel

6
Private School Participation Under Title IX of
ESEA

• The Uniform Provisions in Title IX of ESEA,
  Sections 9501-9504, govern the participation of
  private school students, teachers, and other
  education personnel in nine NCLB programs.
• Eligibility and participation requirements differ
  from program to program.

7
Nine NCLB Programs Under Title IX

• 
  
  PAGE
  
• Title I, Part B (Subpart 1) Reading First
  9
• Title I, Part B (Subpart 3) Even Start Family
  Literacy 15
• Title I, Part C Migrant Education
  20
• Title II, Part A Teacher and Principal
  25 Training and Recruiting
  Fund
• Title IX requirements apply to Title II, Part
  A, for professional development only, with
  equitable services to private school teachers.
  Title IX, Section 9501(b)(3)(B)

8
Nine NCLB Programs (continued)

• 
  
  PAGE
• Title II, Part B Mathematics and Science 35
• 
  Partnerships
• Title II, Part D Enhancing Education Through
  43 Technology
• Title III, Part A English Language
  Acquisition 49
• Title IV, Part A Safe and Drug-Free Schools
  56 and Communities
• Title IV, Part B 21st Century Community
  61 Learning Centers

9
Nine Programs Governed by the Uniform Provisions
of Title IX

• Program Descriptions

10

• Title I, Part B (Subpart 1) Reading First

11
Title I, Part B (Subpart 1) Reading First

• Purpose of Program (Section 1201)
• Reading First is designed to significantly reduce
  the number of children identified with reading
  problems through early diagnosis and immediate
  intervention.
• The goal is that all children will read on grade
  level by the end of third grade.
• Funds are provided to states to support
  scientific reading research-based programs and
  practices to improve reading instruction.
• Reading First funds support
• increased professional development to ensure that
  all teachers have the skills they need to teach
  these programs effectively and
• use of screening and diagnostic tools and
  classroom-based instructional reading assessments
  to measure how well students are reading and to
  monitor their progress.
• (Guide to U.S. Department of Education Programs
  2008, p.155, http//www.ed.gov/programs/gtep/gtep.
  pdf)

12
Title I, Part B (Subpart 1) Reading First

• Provision of Services to Private Schools
• Private school students in the public school
  division receiving Reading First funds are
  eligible for services if
• private school children reside in the attendance
  area of a public school receiving Reading First
  funds, or
• the location of a private school is in the
  attendance area of a public school receiving
  Reading First funds.
• (Equitable Services to Private School Students
  and Teachers, January 2008, http//www.ed.gov/prog
  rams/readingfirst/guidance7-06.doc)

13
Title I, Part B (Subpart 1) Reading First

• Receipt of Services in Private Schools
• Private school teachers and students in Virginia
  must comply with the requirements of Virginias
  Reading First plan to participate.
• The requirements include
• establishment of a ninety-minute uninterrupted
  instructional reading block
• use of scientifically-based instructional
  programs, materials, and strategies
• use of approved screening, diagnostic and outcome
  measures and
• required training of all teachers of grades K-3
  through the Virginia Teacher Reading Academy.
• Superintendents Memorandum Informational, Number
  190, August 15, 2008 on Reading First
  http//www.doe.virginia.gov/info_centers/superinte
  ndents_memos/2008/08_aug/inf190.html

14
Title I, Part B (Subpart 1) Reading First

• Receipt of Services in Private Schools
• Services to private school students and teachers
  include
• reading coach services for private school
  teachers as long as the coach is a public
  employee or contractor and is under the
  supervision of the public school division
• purchase of instructional materials, including
  reading textbooks for the use of private school
  students (only if their current reading program
  does not meet Reading First requirements) and
• stipends for private school teachers who are
  participating in Reading First professional
  development activities (outside of regular
  employment hours).
• Provided the private school students and
  teachers belong to a private school that is
  located in the attendance area of a public school
  receiving Reading First funds.
• (Equitable Services to Private School Students
  and Teachers, January 2008, http//www.ed.gov/prog
  rams/readingfirst/guidance7-06.doc)

15
Title I, Part B (Subpart 1) Reading First

• Receipt of Services in Private Schools
  (continued)
• The public school division is required to use the
  same assessment with private school students, if
  appropriate, that it uses to evaluate the
  effectiveness of the Reading First program with
  public school students.
• (Equitable Services to Private School Students
  and Teachers, January 2008, http//www.ed.gov/prog
  rams/readingfirst/guidance7-06.doc)

16

• Title I, Part B (Subpart 3)Even Start Family
  Literacy

17
Title I, Part B (Subpart 3)Even Start Family
Literacy

• Purpose of Program
• The Even Start Family Literacy Program provides
  funding through competitive grants to
  partnerships of school divisions and other public
  and private entities to support comprehensive
  family literacy programs. (Section 1231)
• Programs target and serve at-risk families who
  are most-in-need. (Sections 1235, 1236, and 1237)
• Eligibility is determined by the parent or
  guardians levels of literacy and income.
  (Section 1235)

18
Title I, Part B (Subpart 3)Even Start Family
Literacy

• Purpose of Program (continued)
• The literacy level of the parent or guardian is
  indicated by
• the absence of a high school diploma or its
  equivalent or
• inability to speak, read, or write in English.
  (Section 1235)
• If the parent/family is eligible, the school-age
  child may be up to age 7 when the family enrolls
  in Even Start. (Section 1236)
• The program integrates the following services
• early childhood education
• adult education
• parenting education and
• parent-child interactive literacy activities.
  (Section 1235)

19
Title I, Part B (Subpart 3)Even Start Family
Literacy

• Provision of Services to Private Schools
• Children from the ages of birth to 7 who attend
  private schools are eligible for Even Start
  services if the following apply
• their parents are eligible and enrolled in the
  program and
• if the children receive Title I services.
  (Section 1236)
• Receipt of Services in Private Schools
• The program requires equitable services for
  eligible Even Start families.

20
Title I, Part B (Subpart 3)Even Start Family
Literacy

• Location of Services
• How and where services are provided is determined
  through consultation with private school
  officials.
• The Even Start grantee is responsible for
  ensuring that timely and meaningful notification
  and consultation is conducted with appropriate
  private school officials located within the
  programs service area.
• Notification may be accomplished by inclusion of
  the school divisions Even Start program in the
  process undertaken by the Title I office.
  (Section 1304)

21

Title I, Part CEducation of Migratory Children
22
Title I, Part CEducation of Migratory Children

• Purpose of Program (Section 1301)
• The Migrant Education Program provides financial
  assistance to improve education for migrant
  students to reduce the educational disruption
  that results from repeated moves.
• The program ensures that migrant children receive
  full and appropriate opportunities to meet the
  same academic and content standards that all
  children are expected to meet.
• States provide services and activities either
  directly or through subgrants to either school
  divisions or public or nonprofit private
  agencies.

23
Title I, Part CEducation of Migratory Children

• Provision of Services to Private Schools
• Children who attend private schools are eligible
  to receive migrant education services if they
• meet the definition of a migrant child
• meet the priority for services criteria in
  Section 1304(d) of NCLB and
• have specified educational needs identified
  through the states comprehensive needs
  assessment and service delivery plan.
• The fiscal agent for a regional Migrant Education
  Program (MEP) is responsible for conducting the
  timely and meaningful consultation with all
  appropriate private school officials located
  within the regional MEP.

24
Title I, Part CEducation of Migratory Children

• Provision of Services to Private Schools
  (continued)
• The local operating agency has the discretion to
  determine what number of eligible students is too
  few to serve, so long as this determination is
  made on an equitable basis (i.e., on the same
  basis as public schools).
• If it is feasible and equitable, the agency may
  adopt alternative methods that are cost-effective
  to serve small numbers.
• These methods could include individual tutoring
  programs, professional development activities
  with the classroom teachers of eligible migrant
  students, or other strategies.
• (Title I, Part C, Education of Migratory
  Children, Draft Non-Regulatory Guidance, 2003)

25
Title I, Part CEducation of Migratory Children

• Receipt of Services in Private Schools
• The program requires equitable services for
  private school migrant students and their
  teachers, and other education personnel in
  schools located in targeted areas.
• Location of Services
• How and where services are provided is determined
  through consultation with private school
  officials.
• Based on the outcome of the consultation between
  the public and private school officials, direct
  services may be provided at the public or
  private school, including religiously affiliated
  schools.
• (Title I, Part C, Education of Migratory
  Children, Draft Non-Regulatory Guidance, 2003)

26

Title II, Part ATeacher and Principal Training
and Recruiting
27
Title II, Part ATeacher and Principal Training
and Recruiting

• Purpose of the Program
• The program provides assistance for preparing,
  training, recruiting, and retaining high-quality
  teachers.
• The amount of funding available for services to
  private school personnel is governed by Section
  9501(b)(3), which requires equitable services for
  private school teachers and other education
  personnel to the extent that the division uses
  its funds for professional development.
• Services must be
• supplemental, and not supplant, professional
  development activities already taking place
• nonsectarian and nonideological and
• based on need and research.

(Office of Non-Public Education, Benefits to
Private School Students and Teachers, pp. 4-5)
28
Title II, Part ATeacher and Principal Training
and Recruiting

• Provision of Services
• Activities may include the following
• improving teachers' knowledge in the core
  academic subjects and effective instructional
  teaching strategies
• technology integration training
• training in the methods to
• teach students with different learning styles
• assist teachers in using assessments to improve
  instruction and student outcomes and
• improve student behavior, identify early and
  appropriate interventions, and involve parents
  more effectively in their childrens education
  and
• educational leadership development.

(Title II, Part A, Improving Teacher Quality
State Grants, Non-Regulatory Guidance, Section G,
October 5, 2006 Title IX, Section 9501(a)(2))
29
Title II, Part ATeacher and Principal Training
and Recruiting

• Provision of Services (continued)
• Examples of non-allowable activities for private
  schools include the following
• salaries for principals, teachers, or substitute
  teachers
• professional development activities with a
  sectarian or ideological focus and
• materials for students.
• Only materials for teachers to use for
  professional development purposes are allowable
  and
• The public school division maintains the title to
  any materials purchased.

(Title II, Part A, Improving Teacher Quality
State Grants, Non-Regulatory Guidance, Section G,
October 5, 2006 Title IX, Section 9501(a)(2))
30
Title II, Part ATeacher and Principal Training
and Recruiting

• Provision of Services (continued)
• For the purposes of determining the amount of
  program funds for services to private school
  teachers, the law "imputes" a minimum amount of
  program funds devoted to professional development
  as the total amount spent in fiscal year 2001 for
  professional development under the predecessor
  Eisenhower Professional Development Program and
  the Class Size Reduction Program.
• The amount of funds to be used in providing
  equitable services to participating private
  schools is determined as follows
• Set-aside amounts to be used on behalf of private
  schools are calculated on a per pupil basis
  within the annual application for Title II, Part
  A, funds and entered into the overall Title II,
  Part A, budget.

(Title II, Part A, Improving Teacher Quality
State Grants, Non-Regulatory Guidance, G-9,
October 5, 2006)
31
Title II, Part ATeacher and Principal Training
and Recruiting

• Provision of Services (continued)
• The per pupil calculation is based on K-12
  enrollments of the school division and
  participating private schools.
• The baseline figure to be used to calculate
  per-pupil amounts is the larger amount of either
  of the following
• the amount awarded to the school division in
  2001-2002 for professional development under the
  Eisenhower Professional Development Program or
• the amount of funding in the current years
  application designated for professional
  development.

(Title II, Part A, Improving Teacher Quality
State Grants, Non-Regulatory Guidance, G-5,
October 5, 2006)
32
Title II, Part ATeacher and Principal Training
and Recruiting

• Provision of Services (continued)
• Regarding fiscal issues, the school division and
  private school should work together to ensure
  activities are planned and implemented and
  adequate time is allowed for encumbering and
  reimbursing expenses.
• Funds are available as of July 1 of the award
  year.
• Funds must be expended within a 27-month
  timeframe. (For example, 2008-2009 funds are
  available as of July 1, 2008, and must be
  encumbered no later than September 30, 2010.)
• The public school division is responsible for
  administering all funds.

(Title IX, Part E, Uniform Provisions Subpart
1Private Schools, Non-Regulatory Guidance,
Section F, August 2005)
33
Title II, Part ATeacher and Principal Training
and Recruiting

• Provision of Services (continued)
• A private school may not pay for services and
  request reimbursement from the school division.
• Materials purchased on behalf of the private
  school for professional development remain the
  property of the public school division.
• If a private school teacher attends an approved
  professional development activity (consult with
  local school division prior to enrollment), it is
  permissible for the school division to reimburse
  the individual teacher directly for out-of-pocket
  expenses.

(Title IX, Part E, Uniform Provisions Subpart
1Private Schools, Non-Regulatory Guidance,
Section F, August 2005) (Title II, Part A,
Improving Teacher Quality State Grants,
Non-Regulatory Guidance, G-12, October 5,
2006)
34
Title II, Part ATeacher and Principal Training
and Recruiting

• Receipt of Services
• Teachers and principals in private, nonprofit
  private schools within the geographic boundaries
  of the school division are eligible to
  participate in Title II, Part A, professional
  development services.

(Title IX, Section 9501(c)(1))
35
Title II, Part ATeacher and Principal Training
and Recruiting

• Location of Services
• How and where services are provided is determined
  through consultation with private school
  officials and should include
• 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
• size and scope of the equitable services and
• how and when the school division will make
  decisions about the delivery of services.
• If needs are similar between public and private
  schools, public and private school teachers may
  participate jointly in professional development
  activities.

(Title II, Part A, Improving Teacher Quality
State Grants, Non-Regulatory Guidance, Sections
F-G, October 5, 2006)
36

• Title II, Part BMathematics and Science
  Partnerships

37
Title II, Part BMathematics and Science
Partnerships

• Purpose of Program (Section 2201)
• The purpose of the Mathematics and Science
  Partnership (MSP) program is to improve the
  academic achievement of students in the areas of
  mathematics and science by encouraging state
  departments of education, institutions of higher
  education, school divisions, elementary schools,
  and secondary schools to participate in programs
  that
• improve and upgrade the status and stature of
  mathematics and science teaching by encouraging
  institutions of higher education to assume
  greater responsibility for improving mathematics
  and science teacher education through the
  establishment of a comprehensive, integrated
  system of recruiting, training, and advising
  mathematics and science teachers

38
Title II, Part BMathematics and Science
Partnerships

• Purpose of Program (continued)
• focus on the education of mathematics and science
  teachers as a career-long process that
  continuously stimulates teachers' intellectual
  growth and upgrades teachers' knowledge and
  skills
• bring mathematics and science teachers in
  elementary schools and secondary schools together
  with scientists, mathematicians, and engineers to
  increase the subject matter knowledge of
  mathematics and science teachers and improve such
  teachers' teaching skills through the use of
  sophisticated laboratory equipment and work
  space, computing facilities, libraries, and other
  resources that institutions of higher education
  are better able to provide than the elementary
  schools and secondary schools

39
Title II, Part BMathematics and Science
Partnerships

• Purpose of Program (Section 2201)
• develop more rigorous mathematics and science
  curricula that are aligned with challenging state
  and local academic content standards and with the
  standards expected for postsecondary study in
  engineering, mathematics, and science and
• improve and expand training of mathematics and
  science teachers, including training such
  teachers in the effective integration of
  technology into curricula and instruction.
• Each state has the flexibility to determine what
  the priorities will be for each grant cycle.
• Grants are awarded on a competitive basis in
  response to a request for proposals issued by the
  Virginia Department of Education.

40
Title II, Part B Mathematics and Science
Partnerships

• Provision of Services to Private Schools
• All partnering institutions, including private
  schools, must be identified in the grant proposal
  and include evidence of partnerships.
• The program requires the equitable participation
  of teachers who teach in private schools located
  in school divisions where grants are awarded.
• The term eligible partnership means a
  partnership that shall include
• an engineering, mathematics, or science
  department of an institution of higher education
  and
• a high-need school division.

41
Title II, Part B Mathematics and Science
Partnerships

• Provision of Services to Private Schools
  (continued)
• The eligible partnership may include
• another engineering, mathematics, science, or
  teacher training department of an institution of
  higher education
• additional school divisions, public charter
  schools, public or private elementary or
  secondary schools, or a consortium of such
  schools
• a business or
• a nonprofit or for-profit organization of
  demonstrated effectiveness in improving the
  quality of mathematics and science teachers.

42
Title II, Part B Mathematics and Science
Partnerships

• Receipt of Services in Private Schools
• Private schools that have chosen to participate
  as partners in the grant should receive access to
  services in the same manner as public school
  participants.
• The program allows participation of teachers who
  teach in private schools located in school
  divisions where grants are awarded, if the
  private school has been indicated as a partner.
• School divisions must apprise private schools of
  the opportunity and requirements of the grant as
  they are writing the proposal.
• Private schools cannot join the grant unless
  indicated as a partner from the beginning.
• The grant proposal should outline specific
  activities and timelines and all partners should
  be an integral part of designing the program.

43
Title II, Part B Mathematics and Science
Partnerships

• Location of Services
• How and where services are provided is determined
  though consultation with all of the partners in
  the MSP grant.

44

Title II, Part DEnhancing Education Through
Technology
45
Title II, Part DEnhancing Education Through
Technology

• Provision of Services to Private Schools
• School divisions and local entities must provide,
  on an equitable basis, educational services or
  other benefits that address the needs under the
  program of children, teachers, and other
  educational personnel in private schools in areas
  served by the school divisions and local
  entities.
• Expenditures for educational services and other
  benefits for private school children, teachers,
  and other educational personnel must be equal to
  the expenditures for participating public school
  children taking into account the number of
  eligible students and educational needs of the
  children to be served.
• (Title IX, Part E, Uniform Provisions, Subpart 1
  Private Schools, Section G, Non-Regulatory
  Guidance, 2005)

46
Title II, Part DEnhancing Education Through
Technology

• Provision of Services to Private Schools
  (continued)
• When working with private school officials,
  school divisions
• may use third-party contractors
• maintain control of funds
• manage implementation and maintain ownership of
  assets
• may pay stipends to private school educators
• may not reimburse for goods/services purchased by
  private schools and
• may hire and pay private school teachers to
  provide federal supplementary services to private
  school students, but time spent providing such
  services must be separate from their contract
  hours with the private school.
• (Title IX, Part E, Uniform Provisions, Subpart 1
  Private Schools, Section G, Non-Regulatory
  Guidance, 2005)

47
Title II, Part DEnhancing Education Through
Technology

• Provision of Services to Private Schools
  (continued)
• Federal funds may not be used to purchase
  textbooks for private school students' use in
  their regular classroom.
• Purchases with federal funds must be supplemental
  and must not supplant what the private school
  would otherwise provide.
• Private schools may participate in the school
  divisions professional development activities
  and divisions in demonstrating reasonable promise
  of effectiveness with services that meet the
  specific needs of private schools.
• (Title IX, Part E, Uniform Provisions, Subpart 1
  Private Schools, Section E, Non-Regulatory
  Guidance, 2005)

48
Title II, Part DEnhancing Education Through
Technology

• Receipt of Services in Private Schools
• The program requires equitable services for
  private school students, teachers, and other
  educational personnel in private schools in areas
  served by the school divisions and local
  entities.
• (Title IX, Part E, Uniform Provisions, Subpart 1
  Private Schools, Section E, Non-Regulatory
  Guidance, 2005)

49
Title II, Part DEnhancing Education Through
Technology

• Location of Services
• The school division or local entity has the
  responsibility to implement programs for private
  school students, teachers, and other educational
  personnel.
• How and where services are provided is determined
  through consultation with private school
  officials.
• If a school division or local entity contracts
  with a third-party provider to provide services
  and benefits to eligible private school students
  and teachers, the division or local entity
  remains responsible for ensuring that private
  school students and teachers receive equitable
  services and the requirements of the statute are
  met.
• (Title IX, Part E, Uniform Provisions, Subpart 1
  Private Schools, Section G, Non-Regulatory
  Guidance, 2005)

50

• Title III, Part A English Language Acquisition,
  Language Enhancement and Academic Achievement

51
Title III, Part A English Language Acquisition,
Language Enhancement and Academic Achievement

• Purpose of the Program (Section 3102)
• The purpose of Title III, Part A, is to ensure
  that limited English proficient (LEP) students,
  including immigrant children and youth, develop
  English proficiency and meet the same academic
  content and academic achievement standards that
  other children are expected to meet.

52
Title III, Part A English Language Acquisition,
Language Enhancement and Academic Achievement

• Provision of Services to Private Schools
• Limited English Proficient (LEP) children and
  educational personnel in private schools that are
  located in the geographic areas served by the
  school division receiving Title III, Part A,
  funds are eligible to receive services.
• School divisions may serve private school LEP
  students and educational personnel either
  directly or through contracts with public and
  private agencies, organizations, and
  institutions.
• (Office of Non-Public Education (ONPE), Private
  School Participation in Title III Programs)

53
Title III, Part A English Language Acquisition,
Language Enhancement and Academic Achievement

• Provision of Services to Private Schools
  (continued)
• Services provided to private school children and
  educational personnel must be secular, neutral,
  and nonideological.
• Teachers providing services to private school
  students, whether school division employees or
  third-part contract employees, are subject to the
  requirement that those teachers in a Title III,
  Part A, program must be fluent in English and any
  other language used for instruction.
• (Office of Non-Public Education (ONPE), Private
  School Participation in Title III Programs)

54
Title III, Part A English Language Acquisition,
Language Enhancement and Academic Achievement

• Receipt of Services in Private Schools
• Services provided to children and educational
  personnel in private schools must be equitable
  and timely and address their educational needs.
• Funds provided for educational services for
  private school children must be equal, taking
  into account the number and educational needs of
  those children, to the funds provided for
  participating public school children.
• The control of funds used to provide services and
  the title to materials and equipment purchased
  with those funds must be retained by the school
  division.
• (Office of Non-Public Education (ONPE), Private
  School Participation in Title III Programs)

55
Title III, Part A English Language Acquisition,
Language Enhancement and Academic Achievement

• Location of Services
• How and where services are provided is determined
  through consultation with private school
  officials.
• Consultation with private school officials should
  include
• how the LEP childrens needs will be identified
• what services will be offered
• how, where, and by whom the services will be
  offered
• how the services will be assessed
• how the results of the assessment will be used to
  improve those areas
• the size and scope of services
• (Office of Non-Public Education ONPE, Private
  School Participation in Title III Programs)

56
Title III, Part A English Language Acquisition,
Language Enhancement and Academic Achievement

• Location of Services (continued)
• amount of funds available for services and
• how and when the school division will make
  decisions about the delivery of services,
  including a thorough consideration of the views
  of the private school officials on the provision
  of contract services through potential
  third-party providers.

57

• Title IV, Part ASafe and Drug-Free Schools and
  Communities Act

58
Title IV, Part ASafe and Drug-Free Schools and
Communities Act

• Purpose of Program (Section 4002)
• The Safe and Drug-Free Schools and Communities
  Act provides financial assistance to support
  programs that
• prevent violence in and around schools
• prevent the illegal use of alcohol, tobacco, and
  other drugs
• involve parents and communities and
• are coordinated with related federal, state,
  school, and community efforts and resources to
  foster a safe and drug-free learning environment
  that promotes academic achievement.

59
Title IV, Part ASafe and Drug-Free Schools and
Communities Act

• Provision of Services to Private Schools
• School divisions must consult with appropriate
  private school officials during the design,
  development and implementation of programs on
  issues such as
• how the childrens and teachers needs will be
  identified
• what services will be offered, how, where and by
  whom the services will be provided
• how the impact of the services will be assessed
  and how the results of the assessment will be
  used to improve those services
• size and the scope of the equitable services
• amount of funds available for those services and
• consideration and analysis of the views of the
  private school officials on the provisions of
  contract services through potential third-party
  providers.

60
Title IV, Part ASafe and Drug-Free Schools and
Communities Act

• Provision of Services to Private Schools
  (continued)
• If the needs of the private school students and
  teachers are different from those of public
  school students and teachers, the school
  division, in consultation with private school
  representatives, is required to assist the
  private school in developing a separate program.
• All programming must follow the Principles of
  Effectiveness and implement authorized activities
  (services) that are scientifically-based (also
  referred to as evidence-based) (Section 4115
  Authorized Activities).
• Decisions affecting private school students and
  teachers participation in Title IV, Part A,
  programs are made only after consultation has
  taken place.
• Funds used to provide services to private school
  students and their teachers must remain under the
  control of the division title to materials,
  equipment, or property to support services or
  benefits to private school children must remain
  with the division.

61
Title IV, Part ASafe and Drug-Free Schools and
Communities Act

• Receipt of Services in Private Schools
• Children enrolled in private elementary and
  secondary schools and their teachers must be
  provided equitable violence and alcohol, tobacco
  and other drug educational services or benefits,
  compared to services and benefits received by the
  public school children and teachers.
• Location of Services
• How and where services are provided is determined
  through consultation with private school
  officials.
• Based on the outcome of the consultation between
  the public and private school officials, services
  or activities may be provided at the public or
  private school, including religiously affiliated
  schools or another mutually agreed upon setting.
• (Title IV, Part A, Safe and Drug-Free Schools and
  Communities Act, Draft Non-Regulatory Guidance
  for State and Local Implementation of Programs,
  2004)

62

• Title IV, Part B21st Century Community Learning
  Centers

63
Title IV, Part B21st Century Community Learning
Centers

• Purpose of Program (Section 4201 and Section
  4205)
• The competitive grant program provides for
  academic enrichment activities, including
  tutorial services to help students, particularly
  those who attend low-performing schools, to meet
  academic achievement standards in core academic
  subjects, such as reading and mathematics.
• Additional authorized services, designed to
  reinforce and complement the regular academic
  program, include
• youth development activities
• drug and violence prevention programs
• counseling programs
• art
• music

64
Title IV, Part B21st Century Community Learning
Centers

• Purpose of Program (continued)
• recreation programs
• technology education and
• character education programs.
• Services are offered to families of students
  served for literacy and related educational
  development.

65
Title IV, Part B21st Century Community Learning
Centers

• Provision of Services to Private Schools
• The grant program provides before- and
  afterschool activities, as well as weekend,
  holiday, and summer services to students and
  their families.
• Private schools are eligible to apply for local
  grants provided they meet all statutory and
  regulatory requirements of the program.
• A public school or other public or private
  organization that is awarded a grant must provide
  equitable services to private school students,
  and their families (in the area served by the
  grant).
• Services and benefits provided to private school
  students must be secular, neutral, and
  nonideological.
• (Title IV, Part B, 21st Century Community
  Learning Centers Non-Regulatory Guidance,
  February 2003)

66
Title IV, Part B21st Century Community Learning
Centers

• Receipt of Services in Private Schools
• Students, teachers, and other educational
  personnel in private schools in the area served
  by the grant are eligible to participate in 21st
  CCLC programs on an equitable basis.
• In designing a program, grantees must provide
  comparable opportunities for the participation of
  both public and private school students in the
  area served by the grant.
• (Title IV, Part B, 21st Century Community
  Learning Centers Non-Regulatory Guidance,
  February 2003)

67
Title IV, Part B21st Century Community Learning
Centers

• Location of Services
• How and where services are provided is determined
  through consultation with private school
  officials.
• Grantees must consult with private school
  officials in the area served by the grant during
  the design and development of the 21st CCLC
  program on issues such as the following
• how the children's needs will be identified and
• what services will be offered.
• The timeline for consultation is based on the
  following
• deadline for the competitive application and
• conducting consultation prior to submitting the
  application.

68
Nine Programs Governed by the Uniform Provisions
of Title IX

• Meaningful Consultation as required
• for the following nine programs
• Title I, Part B, (Subpart 1), Reading First
  
• Title I, Part B, (Subpart 3), Even Start Family
  Literacy
• Title I, Part C, Migrant Education
  
• Title II, Part A, Teacher and Principal Training
  and Recruiting Fund
• Title II, Part B, Mathematics and Science
  Partnerships
• Title II, Part D, Enhancing Education Through
  Technology
• Title III, Part A, English Language Acquisition
• Title IV, Part A, Safe and Drug-Free Schools and
  Communities
• Title IV, Part B, 21st Century Community Learning
  Centers
• Note Title I, Part A, is not one of the nine
  programs. Title I, Part A,
• requirements are addressed on slides 91-100.

69
Requirements for Timely and Meaningful
Consultation(Nine Programs Uniform Provisions,
Title IX, Section 9501)

• Occurs between the entity receiving federal
  financial assistance and private school
  officials.
• The goals for consultation include
• designing and implementing a program that will
  provide equitable services and
• meeting the needs of eligible private school
  students, teachers, and other education
  personnel.
• Consultation must
• occur before any decision is made that could
  affect the ability of private school students,
  teachers and other education personnel to receive
  benefits under ESEA and
• continue throughout the implementation and
  assessment of activities.

70
Consultation Process (Nine Programs Uniform
Provisions, Title IX, Section 9501)

• The school division annually contacts school
  officials representing the private schools
  located within its boundaries in relationship to
  the nine programs governed by the Uniform
  Provisions of Title IX.
• Division contact may be through an Intent to
  Participate form, inquiring as to their interest
  in having their students and teachers participate
  in federal education programs.
• Possible exceptions 21st Century Community
  Learning Centers Program and the Even Start
  Family Literacy Program
• may be appropriate to consult with private school
  officials in the area to be served by the
  program. 

71
Consultation Process (Nine Programs Uniform
Provisions, Title IX, Section 9501)

• Private school officials can facilitate
  consultation by providing the divisions
• the names of the private school officials who
  should be included, and
• the roles and levels of authority.
• School divisions should
• enter into consultation with private schools
  interested in participating
• collaborate with private schools on a mutually
  agreeable meeting date
• plan the meeting well in advance in order for
  appropriate parties to attend

72
Consultation Process (Nine Programs Uniform
Provisions, Title IX, Section 9501)

• include, where feasible, all title programs at
  the consultation meeting to avoid private school
  staff needing to attend several different
  meetings and
• plan consultation before making any decisions
  (such as ordering materials or hiring staff) that
  affects the opportunities of private school
  children, teachers, and other educational
  personnel to participate in programs requiring
  their equitable participation.
• For competitive grants, timely and meaningful
  consultation should take place during the
  development of the grant application by the
  division.
• Offering services without an opportunity for
  timely and meaningful consultation does not meet
  the requirement of the law.

73
Consultation Process (Nine Programs Uniform
Provisions, Title IX, Section 9501)

• A school division makes its final decisions about
  the services and benefits it will provide to
  eligible students and teachers after
• discussing key issues relating to the provision
  of services
• identifying the needs of the students and
  teachers to be served and
• receiving input from the private school
  officials.

74
The Consultation Meeting (Nine Programs
Uniform Provisions, Title IX, Section 9501)

• The agenda for the meeting should include the
  following
• how students needs will be identified
• what services will be offered
• how and where the services will be provided
• who will provide the services
• how the services will be assessed and how the
  results of assessment will be used to improve
  those services
• amount of funds available for services
• size and scope of the services to be provided
  and
• how and when decisions about the delivery of
  services will be made.

75
Consultation Documentation (Nine Programs
Uniform Provisions, Title IX, Section 9501)

• School divisions may want to document that they
  have
• informed annually the private school officials of
  the various federal education programs available
  to their students and teachers
• engaged in timely consultation, allowing for
  meaningful discussion between the school division
  and the private school officials regarding
  services and benefits
• identified private school students and teachers
  needs
• discussed funding for services to private school
  students and teachers that is equal to the per
  pupil amount for services to public school
  students and teachers

76
Consultation Documentation (Nine Programs
Uniform Provisions, Title IX, Section 9501)

• discussed forms, due dates, reimbursement
  process, process for encumbering funds, and other
  fiscal matters with timelines
• provided services, programs, materials, and
  resources
• evaluated programs and services for
  effectiveness and
• addressed adequately problems and formal
  complaints raised by private school officials.

77
Consultation Documentation (Nine Programs
Uniform Provisions, Title IX, Section 9501)

• School divisions requests for documentation from
  private schools should not constitute an
  administrative barrier that is inconsistent with
  the school divisions responsibility to ensure
  equitable participation of private school
  students and teachers.
• A school division may use a sign-off form with
  private school officials in order to verify that
  timely and meaningful consultation has occurred,
  but there is no statutory requirement to do so.

78
Recommended Timeline for Consultation (Nine
Programs Uniform Provisions, Title IX, Section
9501)

• Fall of the current school year
• School division sets up consultation timeline for
  the year
• School division secures a complete list of
  private schools
• School division mails an intent to participate
  form to all private schools
• School division collects information from annual
  superintendents memorandum Survey of Private,
  nonprofit Schools for Federal Program
  Participation Services for Private Schools
• Winter of the current school year
• School division discusses available funds
• School division works with officials of private
  schools to design program (exception certain
  competitive grant programs)
• School division includes, where feasible, all
  title programs at the consultation meeting
• Spring of the current school year
• School division informs private schools of
  actions
• Program is ready to begin in the fall of the next
  school year

79
Nine Programs Governed by the Uniform Provisions
of Title IX

• Equitable Participation

80
Equitable Participation (Nine Programs Uniform
Provisions, Title IX, Section 9501)

• Under the Uniform Provisions, school divisions or
  other entities receiving federal financial
  assistance are required to
• offer services to eligible private school
  students, teachers, and other personnel
  consistent with the number of eligible students
  enrolled in private elementary and secondary
  schools in the school division, or in the
  geographic area served by another entity
  receiving federal financial assistance.
• The services and other benefits must be
• comparable to the services and other benefits
  provided to public school students and teachers
  participating in the program and
• provided in a timely manner.

81
Equitable Participation (Nine Programs Uniform
Provisions, Title IX, Section 9501)

• The control of funds used to provide services and
  title to materials, equipment, and property
  purchased shall be in a public agency.
• To ensure equitable participation, the school
  division or other entity receiving federal
  financial assistance must
• assess, address, and evaluate the needs of
  private school students and teachers
• spend an equal amount of funds per student to
  provide services
• offer services that can be different from those
  provided to pubic school students and teachers,
  but must be allowable services under the
  particular federal program

82
Equitable Participation (Nine Programs Uniform
Provisions, Title IX, Section 9501)

• provide private school students and teachers with
  an opportunity to participate in activities
  equivalent to the opportunity provided public
  school students and teachers and
• offer services that are secular, neutral, and
  nonideological.

83
Nine Programs Governed by the Uniform Provisions
of Title IX

• Eligibility

84
Eligibility (Nine Programs Uniform Provisions,
Title IX, Section 9501)

• Private school students who are enrolled in
  nonprofit private elementary and secondary
  schools, including those in religiously
  affiliated schools, in the school divisions are
  eligible to receive services.
• Some federal education programs restrict
  eligibility or participation to a particular
  group of students, such as LEP students, in which
  case the eligibility or participation of private
  school students likewise is restricted.
• School divisions do not have to provide equitable
  services to students and teachers in private
  for-profit schools.

85
Eligibility (Nine Programs Uniform Provisions,
Title IX, Section 9501)

• Section 9501(a) of ESEA requires a school
  division to offer, and if the school accepts,
  provide equitable services to teachers and
  students in private elementary and secondary
  schools.
• Section 9101(18) and (38) of ESEA defines
  elementary schools and secondary schools to
  mean nonprofit institutional day or residential
  school(s) that provide elementary and secondary
  education.

86
Superintendents Memorandum

• For Nine Programs
• Under the Uniform Provisions, Title IX,
  Section 9501

87
Ensuring Private School Participation in
Virginia (for Programs Under Title IX)

• Annual memo informs school divisions of their
  obligation to inform officials of private schools
  located within the divisions boundary that
  private, nonprofit elementary and secondary
  schools are eligible to participate on an
  equitable basis in certain federal programs.
• The Superintendents Memorandum is released in
  the late summer and is entitled Survey of
  Private, Nonprofit Schools for Federal Program
  Participation Services for Private Schools

88
Informing Private Schools of Eligibility to
Participate in Programs

• Each school division is obligated by law to
  inform officials of private schools located
  within the divisions boundary that private,
  nonprofit elementary and secondary schools are
  eligible to participate on an equitable basis in
  the following federal programs
• Title I, Part B, Subpart 1 (Reading First)
• Title I, Part B, Subpart 3 (Even Start)
• Title I, Part C (Education of Migrant Children)
• Title II, Part A (Teacher and Principal Training
  and Recruiting)
• Title II, Part B (Mathematics and Science
  Partnerships)
• Title II, Part D (Enhancing Education through
  Technology)
• Title III, Part A (English Language Acquisition,
  Language Enhancement, and Academic Achievement)
• Title IV, Part A (Safe and Drug-Free Schools and
  Communities) and
• Title IV, Part B (21st Century Community Learning
  Centers).

89
Data Collection Requirements for Four of the
Nine Programs

• In addition to informing private school officials
  of the eligibility to participate in the nine
  programs, each school division is responsible for
  ascertaining the number of students enrolled in
  private, nonprofit elementary and secondary
  schools during the school year who are eligible
  to participate in the following four programs
• Title II, Part A
• Title II, Part D
• Title III, Part A and
• Title IV, Part A.

90
Data Collection Requirements for Four of the
Nine Programs

• Enrollments for these programs are used for the
  following purposes
• to assist school divisions in determining private
  schools set-aside amounts for Title II, Part A
• to meet reporting requirements for Title II, Part
  D, and Title III, Part A and
• distributing allocations for Title IV, Part A.

91
Part 2 Program Not Governed by the Uniform
Provisions of Title IX

• Title I, Part A
• Improving the Academic Achievement
• of the Disadvantaged
• All Title I, Part A, requirements relating to
  providing equitable services
• to eligible private school children and their
  teachers and families also
• applies to the Title I, Part A, American
  Recovery and Reinvestment Act
• of 2009 (ARRA).

92
Title I, Part A Improving the Academic
Achievement of the Disadvantaged

• Purpose of Program
• Title I, Part A, has its own provisions governing
  participation requirements under its portion of
  the law and is not governed by the Uniform
  Provisions in Title IX. Title I-A, Section
  1120
• The program provides supplementary instruction by
  public school teachers or through a third-party
  contractor to students who are educationally
  disadvantaged and failing or most at risk of
  failing to meet high academic standards, and who
  live in Title I attendance areas.

93
Title I, Part A Improving the Academic
Achievement of the Disadvantaged

• Purpose of Program (continued)
• Instruction may take place during the school day,
  before or after school, or in the summer.
• Funds are generated on the basis of the number of
  students from low-income families who reside in
  participating public school attendance areas and
  attend private schools.

94
Title I, Part A Improving the Academic
Achievement of the Disadvantaged

• Provision of Services to Private Schools
• The law requires equitable services for private
  school teachers of Title I students in
  profession