Equitable Participation Provisions for Private School Students in ARRA Programs

December 15, 2009

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Office of Non-Public EducationOffice of Innovation and ImprovementU.S. Department of Education400 Maryland Avenue, S.W.Washington, DC 20202-5940Ph: 202-401-1365E-mail: OIINon-PublicEducation@ed.govWeb site:

http//www/ed.gov/about/offices/list/oii/nonpublic/index.html

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

Children with Disabilities Enrolled by Their Parents in Private Schools

and the Individuals with Disabilities

Education Act (IDEA) (Equitable Services)

Sheila FriedmanDeborah Morrow

• 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

IDEA REGULATIONS

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

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

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

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)

EXPENDITURESNumber of eligible children with Number of eligible children with disabilities disabilities

In public schoolsIn public schools

In private schoolsIn private schools

300300

+ + 2020

320320

Federal Part B Flow-Federal Part B Flow-Through $$Through $$LEA receivesLEA receives $152,500$152,500

$152,500$152,500

320320

$476.57 $476.57 a student a student

x x 2020 students students

$9,531.25$9,531.25for proportionate share for proportionate share

http://www.northcentralrrc.org/calculators/Proportionate%20Share%20Calc%20v1.swf

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

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

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

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?

MORE INFORMATION

• Link to on-line proportionate share calculator:

– http://www.northcentralrrc.org/calculators/Proportionate%20Share%20Calc%20v1.swf

• Link to IDEA ARRA Guidance (FAQ):– http://www.ed.gov/policy/gen/leg/recovery/

programs.html• Link to Qs&As and IDEA regs:

– http://idea.ed.gov

American Recovery and Reinvestment Act (ARRA)Title II, D

Enhancing Education Through Technology

Maureen Dowling Enid MarshallActing 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

Benefits to Private SchoolStudents and Teachers

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.

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

Key Points

1. Consultation between public and private school officials must be timely and meaningful.

2. 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.

3. Services and programs must meet the needs of private school students and teachers.

(continued)

Key Points (continued)

4. The local education agency (LEA)* remains in control of federal funds.

5. Services must be secular, neutral and non-ideological.

6. Exceptions to Program Requirements

7. Internet Safety Requirements*Or other entity receiving federal financial assistance

Key Point 1 Consultation

Timely and meaningful consultation during the design and development of the programs is required on such issues as:

– How the children’s 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

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

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

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

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

Key Point 2Key Point 2Equal Expenditures (Equal Expenditures (continued)continued)

Example:Title II, D Grant (competitive or formula) Amount $900,000

Total # of public school students 20,000Total # of participating private school students 5,000Total # of students 25,000

$900,000*/25,000 = $36 per pupil allocation (PPA)

Total expenditure for public school students ($36x20,000) $720,000Total expenditure for private school students (36x5,000) $180,000

*Subtracting any administrative costs prior to calculating the PPA

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.

Key Point 4The LEA’s 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

Key Point 5Characteristics of Services

Services, materials and equipment must be secular, neutral and nonideological.

§9501(a)(2) of ESEA

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.

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).

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.html• Office of Non-Public Education

http://www.ed.gov/about/offices/list/oii/nonpublic/nclbinfo.html

Equitable Participation Provisions for

Private School Students in Title I ARRA Programs

December 15, 2009 Webinar

A Little Background

Title I Equitable Services Requirements

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.

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

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.

Title I Equitable Services Requirements

What are the Title I equitable services requirements for LEAs?

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 –

1.Provide eligible private school children with an opportunity to participate;2.Meet the equal expenditure requirements for instruction, professional development, and parent involvement; 3.Assess student needs and the effectiveness of the Title I program; and 4.Begin Title I programs at the same time as the Title I programs for public school children.

The Funds The Services

Two Pieces to the Title I Program

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?

Program FundingProgram Services

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

Consultation

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.

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 LEA’s 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

Consultation

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

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.

Consultation

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.

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

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.

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

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.

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;

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;

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;

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;

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.

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@ed.gov 202-260-0926– Nola.Cromer@ed.gov 202-205-4158

Title I Resources

Questions

Answers