Participation of Children Enrolled in Private Schools

The Every Student Succeeds Act (ESSA) requires Local Education Agencies (LEAs) or other public or private organizations receiving federal financial assistance to provide equitable participation to eligible participation to eligible private school children, teachers, and other educational personnel in programs under sections 1117(b)(1) (Title I) and 8501(c)(1) (includes Title I Part C; Title II Part A; Title III Part A; and Title IV Parts A and B). The services, materials, or other benefits shall be secular, neutral, and nonideological.

ESSA requires that timely and meaningful consultation occur between the LEA and private school officials prior to any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to participate in programs under sections 1117 and 8501, and shall continue throughout the implementation and assessment of activities under this section. The goal of consultation is to reach an agreement between the LEA and appropriate private school officials on how to provide equitable and effective programs for eligible private school children under Title I, Part A; Title II, Part A; Title III, Part A; and Title IV, Part A.

Services provided by the LEA must be designed to meet the educational needs and supplement the services provided by the private school. In order to fully participate in services, private school officials will need to collaborate with public school officials to determine student eligibility; how the needs of the students will be identified; how the services (including family engagement activities) provided under each program will meet those needs; and how services will be evaluated. Private school officials may choose to not participate in one or more of the programs under sections 1117 and 8501.

Complaint Procedure

Non-public school officials have recourse through the complaint process if they do not believe that the LEA has engaged in meaningful consultation, has not given due consideration to the views of the private school officials, or if they believe the LEA is not providing equitable services as discussed in the consultation process.

If a non-public school official has a complaint regarding the equitable services requirements, the official should first discuss concerns with the LEA point of contact. If, after discussing the concerns with the LEA, the non-public school official believes the issue is unresolved, the official may reach out to the Private School Ombudsman to discuss the concerns. In the even the problem is not resolved, non-public school officials have the right to file a formal written complaint with the Ombudsman.

To file a formal written complaint, please complete the complaint document and submit directly to:
South Dakota Department of Education
Attn: Jordan Varilek, Private School Ombudsman
800 Governors Drive
Pierre SD, 57501
Jordan.Varilek@state.sd.us

Supporting Documents
18-19 Consultation Affirmation
21st CCLC Consultation Form
Complaint form
FY18 Title I Private School Proportionate Share
FY 18 Title II and IV Private School Share
Ensuring Equitable Services to Private School Children, A Title I Resource Tool Kit
Equitable Services for Private Schools Powerpoint from April 2017
Title I Proportionate Share Calculator
Title II Part A, Title I Part C, Title III Part A and Title IV Part A Proportionate Share Calculator


Contact

If you have questions, please contact the South Dakota Department of Education at 605-773-6400.