Equitable Participation Provisions for Private School Students in ARRA Programs

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Equitable Participation Provisions for Private
School Students in ARRA Programs

December 15, 2009
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Sound check

• Audio is via phone-
• at 1-800-621-7432
• Pass Code 6013070
• Close any boxes you dont need.
• Move QA box so that slides are visible.

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Office of Non-Public Education Liaison to the
nonpublic school community

• Office of Non-Public Education
• Office of Innovation and Improvement
• U.S. Department of Education
• 400 Maryland Avenue, S.W.
• Washington, DC 20202-5940
• Ph 202-401-1365
• E-mail OIINon-PublicEducation_at_ed.gov
• Web site http//www/ed.gov/about/offices/list/oii
  /nonpublic/index.html

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Children with Disabilities Enrolled by Their
Parents in Private Schools and the Individuals
with Disabilities Education Act (IDEA)
(Equitable Services)

• Sheila Friedman
• Deborah Morrow

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IDEA REGULATIONS

• 34 CFR 300.130-300.144 - Requirements for
  children with disabilities enrolled by their
  parents in private school
• Additional references
• 34 CFR 300.300(d)(4) - Parent Consent
• 34 CFR 300.622(b)(3) - Privacy

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HIGHLIGHTS

• No individual right to special education and
  related services
• Equitable services based on a process that
  includes timely and meaningful consultation.
• Consultation requires written affirmation by the
  representatives of the participating private
  schools

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HIGHLIGHTS

• Each local educational agency (LEA) must spend a
  proportionate share of IDEA funds on eligible
  parentally-placed private school children with
  disabilities
• The LEA where the private school is located is
  responsible for implementing the regulations
  related to parentally-placed private school
  children with disabilities

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HIGHLIGHTS

• Cost of child find may not be considered in
  proportionate share obligation (34 CFR
  300.131(d))
• LEA must keep records and provide to SEA
• Number evaluated
• Number determined eligible
• Number served

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ANNUAL ELIGIBILITY COUNT

• Number eligible
• Must be conducted on a State-determined date
  between October 1 and December 1, of each year
• Used to determine amount LEA must spend on
  providing services to parentally-placed private
  school children with disabilities in the next
  fiscal year
• 34 CFR 300.133(c)

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EXPENDITURES
Number of eligible children with disabilities
152,500
320
300
In public schools
In private schools
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476.57 a student
320
x 20 students
Federal Part B Flow-Through LEA receives
152,500
9,531.25 for proportionate share
http//www.northcentralrrc.org/calculators/ Propor
tionate20Share20Calc20v1.swf
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USE OF FUNDS

• Options for using the proportionate share, in
  addition to providing direct services
• Lending libraries for technology or
  information/literature
• Consultation to private-school classroom teachers
  serving children with disabilities
• In-service training for private-school teachers
  serving children with disabilities

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USE OF PERSONNEL

• IDEA funds for public school personnel to
  implement services plans
• IDEA funds for private school personnel to
  implement services plans
• outside of normal duty hours and
• under public supervision and control

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PROPERTY, EQUIPMENT AND SUPPLIES

• Public agency may place equipment and supplies in
  a private school for the period of time needed
  for the IDEA program
• The public agency must ensure that the equipment
  and supplies placed in the private schools are
  used only for IDEA purposes
• Can be removed from the private school without
  remodeling the private school facility
• 34 CFR 300.144

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IDEA ARRA FAQ F-3

• May an LEA spend part of the proportionate share
  of the IDEA Part B ARRA funds on children with
  disabilities parentally-placed in private schools
  in school year 2009-2010 and also in school year
  2010-2011?

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MORE INFORMATION

• Link to on-line proportionate share calculator
• http//www.northcentralrrc.org/calculators/
• Proportionate20Share20Calc20v1.swf
• Link to IDEA ARRA Guidance (FAQ)
• http//www.ed.gov/policy/gen/leg/recovery/programs
  .html
• Link to QsAs and IDEA regs
• http//idea.ed.gov

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American Recovery and Reinvestment Act
(ARRA)Title II, D Enhancing Education Through
Technology
Benefits to Private SchoolStudents and Teachers
Maureen Dowling Enid Marshall Acting
Director Group Leader for Technology Office
of Non-Public Education and Flexibility Programs
Office of Innovation and Improvement School
Support and Technology Programs, Office of
Elementary and Secondary Education
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Title II, Part DEnhancing Education Through
Technology

• Funds innovative activities that improve
  technology literacy and integrate technology into
  teaching and learning to improve student
  achievement.
• Activities may include professional development,
  using technology hardware, software and online
  tools to deliver educational content, enhance
  parental, technology mentoring and coaching.
• An LEA may receive an award through competition
• and/or by formula.

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Equitable Participation

• Title II, D funds allocated under ARRA are
  subject to the same provisions as regular Title
  II, D funds regarding the equitable participation
  of private school students, teachers, and other
  educational personnel.
• 9501(b)(1)(E) of ESEA

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Key Points

• Consultation between public and private school
  officials must be timely and meaningful.
• Expenditures for services must be equal to those
  of public school students on a per-pupil basis,
  taking into account the number and the education
  needs of children to be served.
• Services and programs must meet the needs of
  private school students and teachers.
• (continued)

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Key Points (continued)

• The local education agency (LEA) remains in
  control of federal funds.
• Services must be secular, neutral and
  non-ideological.
• Exceptions to Program Requirements
• Internet Safety Requirements
• Or other entity receiving federal financial
  assistance

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Key Point 1 Consultation

• Timely and meaningful consultation during the
  design and development of the programs is
  required on such issues as
• How the childrens needs will be identified
• What services will be offered
• How and where 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
• What service delivery mechanisms will be used to
  provide equitable services
• Who will provide the services (continued)
• 9501(c)(1) of ESEA

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Key Point 1Consultation (continued)

• The amount of funds available to serve private
  school students
• The size and scope of the services to be
  provided
• How and when the agency will make decisions about
  the delivery of services
• 
  
  
  (continued)
• 9501(c)(1) of ESEA

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Key Point 1Consultation (continued)

• Consideration of the views of the private school
  officials regarding use of third-party providers
  and
• Where the LEA disagrees with the views of the
  private school officials on the provision of
  services through a contract, receiving from LEA
  the required written explanation of the reasons
  why the local education agency has chosen not to
  use a contractor.
• (continued)
  
• 9501(c)(1-2) of ESEA

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Key Point 1Consultation (continued)

• Consultation must continue throughout the
  implementation and assessment of services and
• Such consultation shall occur before the local
  education agency makes any decision that affects
  the opportunities to participate of eligible
  private school children, teachers, and other
  education personnel.
• 9501(c)(3) of ESEA

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Key Point 2Equal Expenditures for Both Formula
and Competitive Grants

• Expenditures for services on a per-pupil basis
  shall be equal to the expenditures for
  participating public school children, taking into
  account the number and education needs of the
  children to be served.
• 9501(a)(4) of ESEA

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Key Point 2Equal Expenditures (continued)

• Example
• Title II, D Grant (competitive or formula)
  Amount 900,000
• Total of public school students
  20,000
• Total of participating private school students
  5,000
• Total of students 25,000
• 900,000/25,000 36 per pupil allocation
  (PPA)
• Total expenditure for public school students
  (36x20,000) 720,000
• Total expenditure for private school students
  (36x5,000) 180,000
• Subtracting any administrative costs prior to
  calculating the PPA

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Key Point 3Equitable Services

• The program implemented by the LEA should
  address the needs of the private school students
  and teachers and does not have to be identical to
  the program offered to public school students and
  teachers. 

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Key Point 4The LEAs Responsibility

• The LEA remains in control of the federal funds
  and maintains ownership of materials, equipment
  and property purchased with such funds.
• 9501(d)(1) of ESEA

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Key Point 5Characteristics of Services

• Services, materials and equipment must be
  secular, neutral and nonideological.
• 9501(a)(2) of ESEA

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Key Point 6 Exceptions to Program Requirements

• The program requirement for LEAs to use at least
  25 percent of their total Title II, D grant funds
  for professional development does not apply to
  the funds allocated for services for private
  school students and teachers.  
• Private schools are not required to have a
  technology plan as a condition of their students
  and teachers participation.
• 25 percent requirement does not apply if the
  LEAdemonstrates, to the satisfaction of its SEA
  that it already provides such professional
  development, which is based on a review of
  relevant research, to all teachers in core
  academic subjects.

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Key Point 7 Internet Safety Requirement

• Private schools that receive computers under the
  Title II, D program used to access the Internet
  should have an Internet Safety Policy with
  respect to any computers with Internet access and
  a policy that includes technology protection
  measures (blocking or filtering software).

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Additional Information

• For additional information on Title II, D and
  equitable services to private school students and
  teachers, visit the U.S. Department of Education
  Web site
• School Support and Technology Programs
• http//www.ed.gov/programs/edtech/legislation.h
  tml
• Office of Non-Public Education
  http//www.ed.gov/about/offices/list/oii/nonpublic
  /nclbinfo.html

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Equitable Participation Provisions for Private
School Students in Title I ARRA Programs

• December 15, 2009 Webinar

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Title I Equitable Services Requirements
A Little Background

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Title I Equitable Services Requirements

• The Title I legislation requires participating
  Local Education Agencies (LEAs) to provide
  eligible private school students, their teachers
  and families
• with Title I services that are equitable to
  those provided to eligible public school
  children, their teachers, and their families.

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Title I Equitable Services Requirements

• Do the Title I, Part A requirements that an LEA
  provide equitable services to eligible private
  school children and their teachers and families
  apply to Title I, Part A ARRA funds? 
• Yes, all Title I requirements apply to the use of
  Title I, Part A ARRA funds, including those
  requiring equitable services for private school
  children, their teachers and families.
• 
  
• Question D-8 April 2009 Guidance
•  
•  

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Title I Equitable Services Requirements

• All Title I requirements apply to the use of
  Title I American Recovery and Reinvestment Act of
  2009 (ARRA) funds including those requiring
  equitable services for eligible private school
  children, their teachers and families.
• Note ED may not waive the statutory and
  regulatory requirements relating to equitable
  services.

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Title I Equitable Services Requirements

• What are the Title I equitable services
  requirements for LEAs?
•  
•  
•  

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Title I Equitable Services Requirements

• As is the case for both Title I regular and ARRA
  funds, in order to meet Equitable Services
  requirements an LEA must
• Provide eligible private school children with an
  opportunity to participate
• Meet the equal expenditure requirements for
  instruction, professional development, and parent
  involvement
• Assess student needs and the effectiveness of the
  Title I program and
• Begin Title I programs at the same time as the
  Title I programs for public school children.

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Two Pieces to the Title I Program

• The Funds

• The Services

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Program FundingProgram Services

• How does an LEA determine the amount of Title I
  funds and the services that will be provided to
  private school children, their teachers, and
  families?

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What process does an LEA use to determine both
funding and services?

• Consultation

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Consultation

• LEAs are required to consult with private school
  officials.
• Consultation involves discussions between public
  and private school officials on key issues that
  affect the ability of eligible private school
  children to participate equitably in Title I
  programs.

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Consultation

• Must an LEA consult with private school officials
  prior to deciding how to use its Title I, Part A
  ARRA funds?
• Yes. Under section 1120(b) of the ESEA, an LEA
  must consult with private school officials during
  the design and development of the LEAs Title I,
  Part A programs. That consultation must include
  meetings of LEA and private school officials and
  must occur before the LEA makes any decision that
  affects the opportunities of eligible private
  school children to participate in Title I, Part A
  programs.
• 
  
  Question D-7 April 2009 Guidance

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Consultation

• Topics that must be addressed during consultation
  can be found in section 200.63 of the Title I
  regulations.

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Consultation

• This means that, if you have decided how to use
  Title I ARRA funds in your public schools, under
  section 1120(b)(2) of the ESEA, you should have
  already consulted with private school officials.

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Consultation

• Consultation
• Must occur during the design, development, and
• implementation of the Title I programs.
• Must include meetings.
• Must occur prior to the LEA making any decisions
  including how Title I ARRA funds will be used.

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Title I Funds for Equitable Services

• The LEA calculates equitable services on Title I
  ARRA funds in the same way that it calculates
  equitable services on Title I regular funds.
• Question B3 October 2003 Guidance

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Title I ARRA Funds

• Generally, Title I ARRA may add additional Title
  I funding for services to private school
  children, their teachers and families. This
  could mean .
• Services to more children
• Services to children in different grades
• Additional funds for parental involvement
• Additional funds for professional development
• More instructional resources.

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Title I ARRA Funds

• Given that Title I, Part A ARRA funds constitute
  a significant increase in the amount of funds
  available for an LEA to provide equitable
  services to eligible private school students,
  what are some additional activities that an LEA
  might implement to meet the equitable services
  requirements?
• 
  Question G-11 September 2009
  Guidance
• 
  

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Title I ARRA Funds

• In consultation with the appropriate private
  school officials, an LEA should review its
  existing Title I program to determine how the
  instructional, professional development, and
  parent involvement components may be
  strengthened.

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Title I ARRA Funds

• This may include, but is not limited to
• Extending the amount of instructional time, if
  schedules permit or providing Saturday classes or
  summer school
• Providing Title I services to four-year old
  children who are enrolled in a preschool program
  offered by the private school
• Expanding the Title I reading and mathematics
  resources

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Title I ARRA Funds

• Providing additional resources for parents to use
  at home with their children
• Serving more children, particularly if the LEA
  increases the number of Title I schools being
  served
• Providing on-line learning for middle and high
  school students that is closely monitored by the
  LEA

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Title I ARRA Funds

• Establishing a summer teaching academy for
  private school teachers of Title I participants
  held at the same time as a Title I summer school
  so that teachers can observe models of quality
  instruction for at-risk children

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Title I ARRA Funds

• Allowing private school teachers of Title I
  participants to instruct private school students
  in a summer school as a demonstration project,
  through which LEA personnel would be able to
  provide immediate instructional feedback to
  enable the private school teachers to develop
  enhanced knowledge and skills on how to instruct
  Title I children in their own classrooms

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Title I ARRA Funds

• Establishing a Title I parent center or resource
  library in the Title I classroom or another
  appropriate space with computers, DVDs, and other
  resource materials that parents of Title I
  participants may use after school or in the
  evenings, which would be staffed by the LEA.

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Title I Resources

• Title I Statute, Regulations, and Guidance
• http//www.ed.gov/policy/elsec/leg/esea02/pg2.html
  
• http//www.ed.gov/legislation/FedRegister/finrule/
  2002-4/120202a.html
• http//www.ed.gov/programs/titleiparta/psguidance.
  doc
• Title I Program Office
• Virginia.Berg_at_ed.gov
• 202-260-0926
• Nola.Cromer_at_ed.gov
• 202-205-4158

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Questions Answers