Title I Part A - Sec. 1117

Participation of Children Enrolled in Private Schools

The mandate requiring local school districts to use a portion of their Title I grants to provide compensatory education services to private school students has been a part of the Title I authorizing legislation since the original 1965 law was enacted. LEAs are required to consult with private school officials on important issues such as the location of services and what the services will entail. There must be consultations with private schools to determine, what, if any, services are necessary for eligible students. Consultations should occur in the spring to determine services for the upcoming school year and should be more than just a one-time meeting. The significant changes under ESSA include the Ombudsman Requirement, Equitable Services Funding, Consultation Requirements, and the SEA Compliance Role.

The Affirmation of Consultation form must be completed and uploaded into the GMS before a district's Consolidated Application will be given final approval.

GENERAL REQUIREMENT

To the extent consistent with the number of eligible children identified under Section 1115(c) in the school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a local educational agency shall after timely and meaningful consultation with appropriate private school officials, provide such children, on an equitable basis and individually or in combination, as requested by the officials to best meet the needs of such children, special educational services, instructional services (including evaluations to determine the progress being made in meeting such students' academic needs), counseling, mentoring, one-on-one tutoring, or other benefits under this part (such as dual or concurrent enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) that address their needs; and ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to Section 1116.

Such educational services or other benefits, including materials and equipment, shall be secular, neutral, and nonideological.

Educational services and other benefits for such private school children shall be equitable in comparison to services and other benefits for public school children participating under this part and shall be provided in a timely manner.

To help ensure such equity for such private school children, teachers, and other educational personnel, the State educational agency involved shall designate an ombudsman to monitor and enforce the requirements of this part.

EXPENDITURES

Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children from low-income families who attend private schools.

The proportional share of funds shall be determined based on the total amount of funds received by the local educational agency under this part prior to any allowable expenditures or transfers by the local educational agency.

Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency.

Each State educational agency shall provide notice in a timely manner to the appropriate private school officials in the State of the allocation of funds for educational services and other benefits under this part that the local educational agencies have determined are available for eligible private school children.

CONSULTATION

To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials during the design and development of such agency's programs under this part. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, the results of which agreement shall be transmitted to the ombudsman designated under subsection (a)(3)(B).

REVIEW EXPECTATIONS

During a review, reviewers will meet with representatives from the participating non-public school to determine compliance with the consultation requirements and proportionate share requirements. The review will include conversations regarding determining eligible private school students, identifying the needs of eligible private school children, and the delivery of services.