Private Schools and the No Child Left Behind Act - · PDF fileCAPE Guide: Private Schools and...

Private Schools and the

No Child Left Behind Act

Council for American

Private Education

Council for American

Private Education

Voice of America’s Private Schools

13017 Wisteria Drive, #457, Germantown, MD20874

301-916-8460 • [email protected] • www.capenet.org

© 2002 Council for American Private Education, all rights reserved12/5/02

http://www.capenet.org

CAPE Guide: Private Schools and the No Child Left Behind Act

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Contents

Introduction ................................................................................................................................ 5

Title I, Part A:

Improving Basic Programs.................................................................................................... 9

Title I, Part B, Subpart 1:

Reading First ...................................................................................................................... 17


Early Reading First ............................................................................................................. 20


William F. Goodling Even Start Family Literacy Programs ................................................. 22

Title I, Part C:

Education of Migratory Children ......................................................................................... 24

Title I, Part G:

Advanced Placement Programs ......................................................................................... 26

Title II, Part A:

Teacher and Principal Training and Recruiting Fund .......................................................... 28

Title II, Part B:

Mathematics and Science Partnerships ............................................................................. 30

Title II, Part C:

Subpart 2, National Writing Project

Subpart 3, Civics Education................................................................................................ 32

Title II, Part C, Subpart 5:

Teacher Liability Protection ................................................................................................. 33

Title II, Part D:

Enhancing Education Through Technology (ED TECH) ..................................................... 34

Title III, Part A:

English Language Acquisition, Language Enhancement, and Academic Achievement ..... 37

Title IV, Part A:

Safe and Drug-Free Schools and Communities ................................................................. 39

Title IV, Part B:

21st Century Community Learning Centers........................................................................ 41

Title V, Part A:

Innovative Programs ........................................................................................................... 45

Title V, Part D, Subpart 3:

Character Education ........................................................................................................... 52


Gifted and Talented Students ............................................................................................. 53


Physical Education ............................................................................................................. 54


Grants for Capital Expenses ............................................................................................... 55


Women’s Educational Equity Act ........................................................................................ 56

Title VI, Part A, Subpart 2:

Funding Transferability for State and Local Educational Agencies ..................................... 57


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State and Local Flexibility Demonstration........................................................................... 59

Title IX, Part E, Subpart 1:

Uniform Provisions on Private Schools............................................................................... 61

Appendix 1:

Regulations Relating to Private School Participation.......................................................... 67

Appendix 2:

USDE’s Office of Non-Public Education Summary ............................................................. 72

Index ........................................................................................................................................ 77

Private Schools and the No Child Left Behind Act

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Introduction

On Jan. 8, 2002, President Bush signed into law the No Child Left Behind Act of 2001(NCLBA), a landmark measure of education reform that includes sweeping changes tothe cornerstone of federal K-12 education law, the Elementary and Secondary EducationAct (ESEA).

In the months since the enactment of NCLBA, a great deal of public attention has focusedon the components of the law affecting public schools, especially the requirements forannual school report cards and tests geared to state standards. But the new law alsoincludes significant provisions relating to services for students and teachers in privateschools. This guide spotlights those provisions.

NCLBA contains not only new programs that allow for private school participation, butalso notable changes to previously existing programs. Details are provided in the guide.Herewith some highlights.

Parents of low-income children in persistently failing public schools can use Title I funds(approximately $500 to $1,000 per child, depending on the district) for supplementaleducational services, such as tutoring, after-school, and summer school programs,offered by eligible providers outside the regular school day. Private schools, includingreligious schools, are eligible providers. Parents select the provider of their choice froma list of providers approved by the state.

Private schools that want to should have no problem getting on the approved list andmeeting the qualifying criteria, one being a record of effectiveness in improving studentacademic achievement. Offering supplemental services could be a way for privateschools to reach out to the community and assist children not currently enrolled. Inreturn, the school and its teachers would be compensated for the costs of providing theservices.

Students at an estimated 3,000 public schools will be eligible to receive supplementalservices in the fall of 2002. The number of schools and students is expected to growdramatically in subsequent years. Each eligible student will receive funds for supple-mental services equal either to the amount the district receives in Title I funding per low-income child or to the cost of the services, whichever is less.

NCLBA expands the list of programs through which private school students can receiveequitable services. One of the most generously funded programs on the expanded listis Reading First, which in FY 2002 will provide $900 million to improve the readingskills of students in grades K-3. The funds can be used to establish reading programsbased on scientifically based reading research, to provide professional development forteachers, to administer assessments, and to select or develop instructional materials andstrategies that help children become more proficient readers.

NCLBA provides for the equitable participation of private school students in communitylearning centers and allows private schools to receive funds to establish the centers. Inprevious years, school districts were the only eligible entities to run community learningcenters, but under the new law, community-based organizations and other public orprivate institutions are also eligible. The learning centers, which operate during non-school hours, or periods, such as summer recess, when school is not in session, providestudents with opportunities for academic enrichment, counseling, recreation, and otheractivities. The centers must primarily target students who attend schools in areas with

Supplemental Services

Reading First

Community

Learning Centers


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high concentrations (40 percent or more) of low-income families.

Even Start is another program that, for the first time, provides equitable services toprivate school students. Aimed at families with young children (under eight years of age)and low levels of income, literacy, or English proficiency, the program provides familyliteracy services that help parents become more involved in the education of theirchildren and help children become better learners.

Private school teachers can participate equitably in services provided under the Math-ematics and Science Partnerships. The program, designed to improve math and sciencecurricula and teaching, provides grants to partnerships involving school districts,institutions of higher education, and other entities. The partnerships engage in activitiessuch as developing more rigorous curricula, honing teaching skills, improving teachereducation, and operating summer workshops for teachers. Two noteworthy activitiesallowed under the program involve bringing teachers in contact with working scientistsand mathematicians, and encouraging young women and other under-representedindividuals to take up teaching careers.

Math and science teachers are by no means the only teachers targeted for assistanceunder NCLBA. The act folds a variety of existing teacher-focused programs, includingthe class-size reduction program, into a massive and flexible package of teacher qualityimprovement, which in FY 2002 is funded at $2.9 billion. Districts will haveconsiderable leeway in how they spend the money. They can use it, for example, forfinancial incentives to recruit teachers, for merit pay, for teacher testing, or for a host ofprofessional development activities. To the extent they use it for professional develop-ment, school districts must provide equitable services to private school teachers thataddress the needs of those teachers. An important provision is that district officials arepermitted to determine the details concerning the nature and delivery of professionaldevelopment services to teachers in private schools only after consulting with privateschool officials.

Not all the teacher provisions in the act, however, contain good news for private schools.Two programs providing incentives for people in other professions to become teach-ers—Troops to Teachers and Transition to Teaching—deny benefits to persons whowant to teach in private schools and thereby put those schools at a disadvantage whenit comes to recruiting professionals ready to change careers.

As for the federal programs that have traditionally included benefits for students inprivate schools, NCLBA retains and in some cases improves the private schoolprovisions. Programs that provide assistance in the areas of technology, drug preven-tion, migrant education, English language acquisition, and school innovation all applyto private schools in an equitable way. Moreover, the general provisions that governprivate school participation in these programs have been strengthened, as have those thatgovern participation in Title I, a program aimed at improving the academic performanceof disadvantaged students.

New provisions require that services to private school students, teachers, and familiesaddress their needs and be provided in a timely manner. The act also addresses the extentand subject matter of the consultation that must take place between public officials andrepresentatives of private schools before any decisions are made about services. Othersections require school districts to give full consideration to the option of providingservices to private school students through third-party providers. And in the event a stateor school district is unable or unwilling to provide equitable services, the act clarifies theconditions under which the Secretary of Education can bypass those agencies andarrange directly for services to private school students.

To give school district officials a streamlined option for calculating under Title I the

Even Start

Programs for

Teachers

General Provisions

Strengthened


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number of children in private schools from low-income families, the new law allowsthem to apply the low-income percentage of each public school attendance area to thenumber of private school children who reside in the attendance area.

NCLBA gives states and school districts greater flexibility in determining how federalfunds can be used. Certain safeguards attempt to protect the interests of private schoolstudents and teachers no matter how government officials decide to spend federal funds.For example, if a district decides to implement schoolwide programs under Title 1, it isnot relieved of the obligation to provide traditional Title I services to private schoolchildren. Likewise, if a state or school district receives permission from the Departmentof Education to consolidate non-Title I funds (a limited number will be permitted to doso as a demonstration project) it must provide for the equitable participation of studentsand staff in private schools. Finally, if a state or school district decides to transfer fundsunder NCLBA from one program to another (up to 50 percent of funds may betransferred among various specified programs) it must first consult with officials fromprivate schools if monies would be moved from programs that would serve privateschool students or teachers.

The law also includes important protections of the independence of private schools.Section 9506 says nothing in the act shall be construed “to permit, allow, encourage, orauthorize any federal control over any aspect of any private, religious, or home school,”or “to require any state educational agency or local educational agency that receivesfunds under [the] act to mandate, direct, or control the curriculum of a private or homeschool.”

Other sections make clear that the act does not authorize federal control over curriculum,and that funds under the act may not be used to develop or implement national tests orto establish mandatory testing or certification of teachers.

For each program in the NCLBA that relates to private schools, the guide presents theprogram’s purposes, funding levels, key elements, private school provisions, and Websites for additional information. Certain sections of the law relating to private schools(e.g., the uniform provisions for private schools found in Title IX, Part E, Subpart 1) areprinted in their entirety. An appendix contains important regulatory language relatingto private school participation.

Resources used in preparing the guide included the statute itself, regulations andguidance, and official program summaries by Congressional or U.S. Department ofEducation staff. Whenever possible, the guide incorporates the exact language of thestatute, deviating for the sake of clarity, brevity, coherence, convenience, or consistency.

The federal fiscal year begins October 1 and ends the following September 30. FY 2002,for example, starts October 1, 2001, and ends September 30, 2002. Almost everyeducation program is forward funded, which means the monies appropriated for theprogram in a given fiscal year do not flow to states or school districts until July 1 of thatyear. Thus, education funds for FY 2003, which Congress is supposed to approve byOctober 1, 2002, do not affect programs until the school year that starts September 2003.

The first step toward participation in NCLBA programs is for private school officials tolearn about the program and the conditions attached to it. This guide and the resourcesreferenced herein are a good starting point. If the program is administered by a schooldistrict, private school administrators should contact district officials to let them knowtheir interest in participating. They should do the same at the state level for programsrun by the state. Even though the NCLBA requires state and school district officials toconsult with appropriate private school officials during the design and implementationof many of the programs authorized in the act, private school leaders would do well totake the first step and to convey a desire to have students and teachers served. A written

Greater Flexibility

How This Guide

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Federal Budget Cycle

Participating in

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communication is helpful in establishing a record of interest.

Private school officials should also be aware of what, if any, federal requirements maybe triggered by participation in these programs. Some requirements are contained in theact itself. For example, a private school that serves as a provider of supplemental servicesto public school students must meet certain conditions detailed in the statute (see, forexample, sections 1116(e)(3) and (5)). Other requirements are set in motion by a schoolbeing regarded as a recipient of federal assistance (for example, certain provisions of theRehabilitation Act of 1973 and Titles VI and IX of the Civil Rights Act apply torecipients of grants for community learning centers). (Note: There is a strict standardfor being considered a recipient of federal assistance. Having students and teachersreceive services under federal programs, such as remediation services under Title I, doesnot put a school in the category of being a recipient of federal funds. As anotherillustration of the strict standard, USDE guidance on supplemental services makes clearthat a “supplemental educational services provider is not, merely by being a provider,a ‘recipient of federal financial assistance.’”)

Before deciding to participate in any NCLBA program, school officials should considerwhether the benefits are worth the requirements that may be occasioned by programparticipation. But in doing so, they should keep in mind that many private schools havea long history of participating in federal programs without any loss of school identity orprogram integrity. It goes without saying that students and teachers in those schools havebenefited significantly from such programs.

At the top and bottom of each page are links to the contents and index pages. The tableof contents and index are interactive; just click on a topic or page number to go to theappropriate page. Additional links (including links to Web pages) are scatteredthroughout the document and are identified by blue text. And you can always search forparticular terms using Adobe Acrobat’s search function.

Tips on Using

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Title I, Part A:

Improving Basic Programs

Purpose The purpose of Title I is to ensure that all children have a fair, equal, and significantopportunity to obtain a high-quality education and reach, at a minimum, proficiency onchallenging state academic achievement standards and state academic assessments (Sec.1001). Part A of the title focuses on helping children, especially educationallydisadvantaged children in high-poverty schools, reach high academic standards. Fundsare provided through state education departments to local educational agencies (read“school districts”), which in turn provide services and programs to schools with highconcentrations of children from low-income families.

In FY 2002, $10.4 billion will be distributed to local educational agencies through fourformulas (basic, concentration, targeted, and education finance incentive) that, for themost part, drive funds on the basis of the number of poor children in each LEA.

Funds received under Part A are used by local educational agencies for programs inschools with high concentrations of low-income students. In attendance areas or schoolsin which 40 percent or more of the children are from low-income families, a localeducational agency may elect to operate schoolwide programs to improve studentperformance. Otherwise, it must use the funds for targeted programs aimed at helpingchildren who are failing, or are most at risk of failing, to meet the state’s student academicachievement standards. Examples of targeted programs include specialized instructionin reading or math, computer-assisted instruction, and after-school or summer schoolprograms that provide children with extra time in core subject areas. Private schools arenot eligible for schoolwide programs, just targeted programs.

Performance Standards and Assessments for Public Schools: Part A requires statesto establish performance standards for public school students in grades 3-8 in mathemat-ics, reading or language arts, and (beginning in the 2005-06 school year) science. It alsorequires annual assessments in math and reading or language arts to be administered ingrades 3-8 starting no later than school year 2005-06, and in science to be administeredonce in each of three grade spans (3-5, 6-9, 10-12) starting in 2007-08.

States are required to establish proficiency standards and to establish parameters foradequate yearly progress (AYP) toward those standards. The goal is to have all publicschool students perform at the proficiency level within 12 years. States must establishAYP objectives for all public school students as well as for various subsets of students,including economically disadvantaged students, students from major racial and ethnicgroups, students with disabilities, etc. Starting with the 2002-03 school year, states andschool districts must issue report cards to the public on the performance of publicschools. Various corrective actions are prescribed in stages if a school fails to makeadequate yearly progress as defined by the state.

Regulations effective August 5, 2002, provide details about a state’s responsibilities fordeveloping challenging academic standards (34 CFR Sec. 200.1) and for implementinga system of academic assessments (34 CFR Sec. 200.2). Section 200.10 makes clear thatthe standards and assessment provisions do not apply to private schools. The text of Sec.200.10 is printed in the appendix.

Key Provisions

Funding


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Teacher Qualifications for Public Schools: States must develop plans to ensure thatall public school teachers in core academic subjects are highly qualified not later thanthe end of the 2005-06 school year, and school districts must only hire highly qualifiedTitle I teachers starting in the 2002-03 school year. “Highly qualified” is defined in Sec.9101(23).

Local educational agencies must set aside a share of Part A funds for services for eligiblestudents in private schools. Eligible private school students are those who reside in aparticipating public school attendance area and who are failing, or are most at risk offailing, to meet the state’s student academic achievement standards (Sec. 1120(a)(1) andSec. 1115(b)). The share of Part A funds set aside for services for private school studentsmust be equal to the proportion of low-income students in the district who attend privateschools (Sec. 1120(a)(4)). After timely and meaningful consultation with appropriateprivate school officials, the local educational agency must provide eligible privateschool children, on an equitable basis, special educational services or other benefits thataddress their needs (Sec. 1120(a)(1)).

Services and other benefits to private school students must be secular, neutral, andnonideological (Sec. 1120(a)(2)), must be provided in a timely manner, and must beequitable in comparison to services and other benefits for public school children (Sec.1120(a)(3)). Expenditures for services to private school children must be proportionateto the number of children from low-income families who attend private school in a givenattendance area (Sec. 1120(a)(4)). The local educational agency may provide servicesdirectly or through contracts with public and private agencies, organizations, andinstitutions (Sec. 1120(a)(5)).

Consultation: An LEA must consult with appropriate private school officials during thedesign and development of the agency’s programs under this part. Consultation mustcover issues such as:

(A) how the children’s needs will be identified;(B) what services will be offered;(C) how, where, and by whom the services will be provided;(D) how the services will be academically assessed and how the results of that

assessment will be used to improve those services;(E) the size and scope of the equitable services to be provided to the eligible private

school children, and the proportion of funds that is allocated for such services;(F) the method or sources of data that are used to determine the number of children

from low-income families in participating school attendance areas who attendprivate schools;

(G) how and when the agency will make decisions about the delivery of services tosuch children, including a thorough consideration and analysis of the views ofthe private school officials on the provision of services through a contract withpotential third-party providers; and

(H) how, if the agency disagrees with the views of the private school officials onthe provision of services through a contract, the local educational agency willprovide in writing to such private school officials an analysis of the reasons whythe local educational agency has chosen not to use a contractor. (Sec. 1120(b)(1))

The consultation must also include a discussion of service delivery mechanisms that alocal educational agency can use to provide equitable services to eligible private schoolchildren (Sec. 1120(b)(3)).

Consultation Timing: Consultation must include meetings of agency and privateschool officials and must occur before the local educational agency makes any decisionthat affects the opportunities of eligible private school children to participate in

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Private School

Participation

(continued)

programs under this part. Such meetings must continue throughout implementation andassessment of services provided (Sec. 1120(b)(2)).

Consultation Documentation: Each local educational agency must maintain in theagency’s records, and provide to the state educational agency involved, a writtenaffirmation, signed by officials of each participating private school, that the consultationrequired has occurred. If private school officials do not provide such affirmation withina reasonable period of time, the local educational agency shall forward the documenta-tion that such consultation has taken place to the state educational agency (Sec.1120(b)(4)).

Right to Complain: A private school official has the right to complain to the stateeducational agency that the local educational agency did not engage in consultation thatwas meaningful and timely, or did not give due consideration to the views of the privateschool official (Sec. 1120(b)(5)(A)). If the private school official wishes to complain,the official must provide the basis of the noncompliance by the local educational agencyto the state educational agency, and the local educational agency must forward theappropriate documentation to the state educational agency (Sec. 1120(b)(5)(B)).

Calculating the Allocation for Private School Students: A local educational agencyhas the final authority to calculate the number of children, ages 5 through 17, who arefrom low-income families and attend private schools. It may use one of the followingmethods:

(A) using the same measure of low income used to count public school children;(B) using the results of a survey that, to the extent possible, protects the identity of

families of private school students, and allowing such survey results to beextrapolated if complete actual data are unavailable;

(C) applying the low-income percentage of each participating public schoolattendance area, determined pursuant to this section, to the number of privateschool children who reside in that school attendance area; or

(D) using an equated measure of low income correlated with the measure of lowincome used to count public school children. (Sec. 1120(c)(1))

Any dispute regarding low-income data for private school students is subject to thecomplaint process authorized in Section 9503 (Sec. 1120(c)(2)).

Public Control of Funds: The control of funds provided under Part A, and title tomaterials, equipment, and property purchased with such funds, must be in a publicagency, and a public agency must administer such funds materials, equipment, andproperty (Sec. 1120(d)(1)).

Provision of Services: Services must be provided by employees of a public agency, orthrough contract by such public agency with an individual, association, agency, ororganization (Sec. 1120(d)(2)(A)). The employee, individual, association, agency, ororganization must be independent of the private school and of any religious organization,and such employment or contract must be under the control and supervision of the publicagency (Sec. 1120(d)(2)(B)).

Bypass: If a local educational agency is prohibited by law from providing for theequitable participation of eligible children enrolled in private schools, or if the Secretaryof Education determines that a local educational agency has substantially failed, or isunwilling, to provide for such participation (considering factors such as the quality, size,scope, and location of the program and the opportunity of eligible children to participate(Sec. 1120(e)(3)), the Secretary must arrange for a bypass in accordance with Sections9503 and 9504 (Sec. 1120(e)).


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LEA Assurance: A local educational agency must submit a plan to the state educationdepartment detailing the services it will provide under Part A. The plan must include anassurance that the district will provide services to eligible children attending privateschools, and will undertake timely and meaningful consultation with private schoolofficials regarding such services (Sec. 1112(c)(1)(E)).

Schoolwide Programs: A local educational agency may elect to use Title I, Part A fundsfor schoolwide programs in areas or schools that have high concentrations (40 percentor more) of low-income students. However, if it elects to do so, it is not relieved of therequirements relating to services to private school children (Sec. 1114(a)(3)(b)). Privateschools are not eligible for schoolwide programs, just for targeted assistance to particularstudents.

In December 2002, the USDE issued final regulations relating to Title I (see “AdditionalInformation” at the end of this chapter). The sections relating to private schools may befound in Appendix 1 of this book. They are a “must read’ for officials from schoolsparticipating in Title I. Some highlights follow.

The regulations, reflecting the law they clarify, require school districts to provide TitleI services “on an equitable basis and in a timely manner” to eligible children enrolled inprivate schools. They also require that teachers and families of participating privateschool children receive services equitable to teachers and families of participating publicschool children.

Off the Top: The requirements clarify that when a school district reserves funds “offthe top” of its Title I allocation, a proportionate share of those funds used for“instructional and related activities” for public school children must be made availablefor equitable services for eligible private school children (Sec. 200.64(a)(2)(i)(A)).Funds used for equitable services under applicable “off the top” reserves must be inproportion to the number of private school children from low-income families residingin participating public school attendance areas (Sec. 200.64(a)(2)(i)(B)).

Academic Performance Standards: To eliminate confusion about whether recipientsof Title I services in private schools must be measured against the state’s achievementstandards for students in public schools, the regulations clarify that services to privateschool children must provide reasonable promise of such children achieving the state’sstandards “or equivalent standards applicable to the private school children” (Sec.200.64(b)(2)(iii)(B)).

Reserves for Teachers and Families: The regulations require that funds reserved bya school district for services to teachers and families of Title I students be made availableon a proportionate basis for equitable services to teachers and families of eligibleprivate school students. Such services include parent involvement and professionaldevelopment activities aimed at helping the parents and regular classroom teachers ofTitle I students. Section 200.65(a)(2) specifies that the amount of funds available forservices to private school parents and teachers “must be proportionate to the number ofprivate school children from low-income families residing in participating public schoolattendance areas.”

Teacher Qualifications: On the question of what teachers come under the require-ments relating to teacher qualifications, the regulations make clear that teachersemployed by public school districts for the purpose of providing Title I services toprivate school students are covered (Sec. 200.55(a)(2)(iii)), while teachers employed byprivate schools are not (Sec. 200.55(d) and 200.65(c)).

Private School

Participation

(continued)

Final Regulations on

Private School

Participation


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If a public school does not make adequate yearly progress for three consecutive years,the local educational agency must arrange for the provision of supplemental educationalservices to eligible children in the school from a provider with a demonstrated record ofeffectiveness that is selected by the parents and approved for that purpose by the stateeducational agency in accordance with reasonable criteria (Sec. 1116(e)(1)). Privateschools, including religiously affiliated schools, are eligible to provide supplementalservices. Such services include tutoring and remediation that take place outside theregular school day (e.g., after school, weekends, vacations).

Annual Notification of Parents: The affected local educational agencies must annuallynotify parents regarding:

(A) the availability of supplementary services,(B) the identity of approved providers of those services,(C) a brief description of the services, and(D) the qualifications and demonstrated effectiveness of each provider (Sec.

1116(e)(2)).

Agreement Between LEA and Provider: If a parent selects an approved provider, thelocal educational agency must enter into an agreement with the provider–an agreementwhich:

(A) requires the local educational agency to develop, in consultation with parents(and the provider chosen by the parents), a statement of specific achievementgoals for the student, how the student’s progress will be measured, and atimetable for improving achievement that, in the case of a student withdisabilities, is consistent with the student’s individualized education program;

(B) describes how the student’s parents and the student’s teacher or teachers willbe regularly informed of the student’s progress;

(C) provides for the termination of such agreement if the provider is unable to meetsuch goals and timetables;

(D) contains provisions with respect to the making of payments to the provider bythe local educational agency; and

(E) prohibits the provider from disclosing to the public the identity of any studenteligible for, or receiving, supplemental educational services without thewritten permission of the parents of such student. (Sec. 1116(e)(3))

SEA Responsibilities: A state educational agency must:

(A) promote maximum participation by providers to ensure, to the extent practi-cable, that parents have as many choices as possible;

(B) develop and apply objective criteria to potential providers that are based on ademonstrated record of effectiveness in increasing the academic proficiency ofstudents;

(C) maintain an updated list of approved providers across the state, by schooldistrict, from which parents may select;

(D) develop, implement, and publicly report on standards and techniques formonitoring the quality and effectiveness of the services offered by approvedproviders, and for withdrawing approval from providers that fail, for twoconsecutive years, to contribute to increasing the academic proficiency ofstudents;

(E) provide annual notice to potential providers of the opportunity to provideservices and of the applicable procedures for obtaining approval from the stateeducational agency to be an approved provider of those services. (Sec.1116(e)(4))

Criteria for Providers: In order to be approved by the state, providers must agree to



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do the following:

(A) Provide parents of children receiving supplemental educational services andthe appropriate local educational agency with information on the progress ofthe children in increasing achievement, in a format and, to the extent practi-cable, a language that such parents can understand.

(B) Ensure that instruction provided and content used by the provider are consistentwith the instruction provided and content used by the local educational agencyand state, and are aligned with state student academic achievement standards.

(C) Meet all applicable federal, state, and local health, safety, and civil rights laws.(D) Ensure that all instruction and content under this subsection are secular, neutral,

and nonideological. (Sec. 1116(e)(5))

Religious Restrictions: Funds for supplemental services cannot be used for religiousworship or instruction (Sec. 1116(e)(9)).

Key Definitions: The term “provider” means a non-profit entity, a for-profit entity,or a local educational agency that has a demonstrated record of effectiveness inincreasing student academic achievement; is capable of providing supplemental educa-tional services that are consistent with the instructional program of the local educationalagency and the academic standards of the state; and is financially sound (Sec.1116(e)(12)(B)).

The term “supplemental educational services” means tutoring and other supplementalacademic enrichment services that are in addition to instruction provided during theschool day, and are of high quality, research-based, and specifically designed to increasethe academic achievement of eligible children on the academic assessments required bythe state and to enable such children to attain proficiency in meeting the state’s academicachievement standards. (Sec. 1116(e)(12)(C)).

On August 6, 2002, the USDE issued draft guidance on supplemental services.Organizations intending to serve as providers should read the entire guidance document(see “Additional Information” at the end of this chapter) to find out what conditions andrequirements apply. Key questions relating to private schools are as follows:

C-4. What entities can be considered as supplemental educational service provid-ers?

A provider of supplemental educational services may be a non-profit entity, a for-profitentity, or a local educational agency, and may include a public or private school. Otherpotential providers include public or private institutions of higher education and faith-based organizations.

LEAs, public schools, and charter schools are not automatically considered approvedproviders. Rather, they can be providers if they meet the SEA’s established criteria andmust go through the same approval process as all other potential providers. Furthermore,these entities must offer their services outside the regular school day.

Regardless of the identity of a provider, the instruction and content must be secular,neutral, and non-ideological. [Section 1116(e)(5)(D) and Section 1116(e)(9)]

C-5. Are faith-based organizations, including entities such as religious privateschools, eligible to be supplemental educational service providers?

Yes. Faith-based organizations (FBOs) are eligible to become providers of supplemen-tal educational services if they meet the applicable statutory and regulatory require-


(continued)


Guidance


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ments. Though providers should not discriminate against beneficiaries on the basis ofreligion, FBOs are not required to give up their religious character or identification tobe providers. In matters of program eligibility, an SEA may not discriminate againstpotential supplemental services providers with regard to religion. Thus, faith-based andcommunity based organizations are encouraged to become providers of supplementaleducational services on the same basis as other eligible entities.

Neither Title I nor other Federal funds shall be expended to support religious practices,such as religious instruction, worship, or prayer. FBOs may offer such practices, but notas part of the supplemental educational services, and FBOs should comply withgenerally applicable cost accounting requirements to ensure that Federal funds are notused to support these activities. For example, FBOs may wish to keep Federal funds ina separate account to ensure that they are not used inappropriately. OMB Circulars A-21 (for educational institutions) and A-122 (for non-profit organizations) provideguidance regarding appropriate accounting practices.

J-9. Are private school children receiving Title I services entitled to receive anequitable proportion of any Title I funds reserved by an LEA for supplementaleducational services?

No. Only children from low-income families attending public schools identified forimprovement, corrective action, and restructuring–not all children participating inTitle I–are eligible to receive supplemental educational services.

In December 2002, the USDE issued final rules for Title I (see “Additional Information”at the end of this chapter). Sections 200.45-47 deal with supplemental services.Organizations intending to serve as providers should read the regulations to find out whatconditions and requirements apply. Below is an excerpt relating to the standards forapproving providers.

Sec. 200.47(b) Standards for approving providers.

(1) As used in this section and in §200.46, “provider” means a non-profit entity, a for-profit entity, an LEA, an educational service agency, a public school, including a publiccharter school, or a private school that—

(i) Has a demonstrated record of effectiveness in increasing the academic achieve-ment of students in subjects relevant to meeting the State’s academic content andstudent achievement standards described under §200.1;(ii) Is capable of providing supplemental educational services that are consistentwith the instructional program of the LEA and with the State academic contentstandards and State student achievement standards described under §200.1;(iii) Is financially sound; and(iv) In the case of—

(A) A public school, has not been identified under §§200.32, 200.33, or 200.34;or(B) An LEA, has not been identified under §200.50(d) or (e).

(2) In order for the SEA to include a provider on the State list, the provider must agreeto—

(i) (A) Provide parents of each student receiving supplemental educationalservices and the appropriate LEA with information on the progress of thestudent in increasing achievement; and(B) This information must be in an understandable and uniform format,including alternative formats upon request, and, to the extent practicable, in alanguage that the parents can understand;

(ii) Ensure that the instruction the provider gives and the content the provider


Final Regulations

(34 CFR 200.45-47)


Guidance

(continued)


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uses—(A) Are consistent with the instruction provided and the content used by theLEA and the SEA;(B) Are aligned with State student academic achievement standards; and(C) Are secular, neutral, and nonideological; and

(iii) Meet all applicable Federal, State, and local health, safety, and civil rights laws.

(3) As a condition of approval, a State may not require a provider to hire only staff whomeet the requirements under §§200.55 and 200.56.

Regulations on Private School Participation in Title IAppendix 1 of this book

Other Title I Regulations andAll Legislation, Regulations, and Guidance for NCLBA:http://www.ed.gov/offices/OESE/asst.html

Title I, Part A:http://www.ed.gov/offices/OESE/CEP/cepprogresp.html

USDE Guidance on Supplemental Services (PDF Format):http://www.ed.gov/offices/OESE/SASA/suppsvcsguid.pdf


Final Regulations

(continued)

Additional Information

http://www.ed.gov/offices/OESE/asst.html

http://www.ed.gov/offices/OESE/CEP/cepprogresp.html

http://www.ed.gov/offices/OESE/SASA/suppsvcsguid.pdf




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Reading First

Purpose The purposes of the Reading First program are to provide assistance to state educationalagencies and local educational agencies in:

(A) establishing reading programs for students in kindergarten through grade 3 thatare based on scientifically based reading research, to ensure that every studentcan read at grade level or above not later than the end of grade 3;

(B) preparing teachers, through professional development and other support, toidentify specific reading barriers facing their students and to effectively helptheir students learn to read;

(C) selecting or administering screening, diagnostic, and classroom-based instruc-tional reading assessments;

(D) selecting or developing effective instructional materials (including classroom-based materials to assist teachers in implementing the essential components ofreading instruction), programs, learning systems, and strategies to implementmethods that have been proven to prevent or remediate reading failure withina state.(Sec. 1201)

In FY 2002, $900 million will be distributed, mostly to states by formula, with each statereceiving, in general, a portion of the funds equal to the percentage of all students in thecountry from families with incomes below the poverty line who reside in the state (Sec.1201(b)(3)(A)).

States can use 20 percent of the funds for professional development programs forteachers in grades K-3, and for other specified purposes, including technical assistance,and planning, administration, and reporting (Sec. 1202(d)). But at least 80 percent of thefunds must be distributed by the state on a competitive basis to local educational agencieswith the highest percentages of students reading below grade level in grades K-3 (Sec.1202(b)(4) and Sec. 1208(1)). In distributing the funds, states must give priority toschool districts with the highest poverty rates (1202(c)(2)(B)). Local educationalagencies must then target the monies to schools with high percentages of low-incomestudents or students who read below grade level (Sec. 1202(c)(6)).

Local educational agencies must use the funds for the following purposes:

(A) Selecting and administering screening, diagnostic, and classroom-based in-structional reading assessments.

(B) Selecting and implementing a learning system or program of reading instruc-tion based on scientifically based reading research.

(C) Procuring and implementing instructional materials, including education tech-nology.

(D) Providing professional development for teachers of kindergarten throughgrade 3, and special education teachers of kindergarten through grade 12.

(E) Collecting, summarizing, and reporting data.(F) Promoting reading and library programs that provide access to engaging

reading material. 1202(c)(7)(A)

Funding

Key Provisions


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Local educational agencies may also use the funds for:

(A) Humanities-based family literacy programs (which may be referred to as‘‘Prime Time Family Reading Time’’) that bond families around the acts ofreading and using public libraries.

(B) Providing training in the essential components of reading instruction to a parentor other individual who volunteers to be a student’s reading tutor.

(C) Assisting parents, through the use of materials and reading programs, strate-gies, and approaches to encourage reading and support their child’s readingdevelopment. 1202(c)(7)(B)

All programs funded under Reading First must provide equitable services to students andteachers in private schools in accordance with the provisions of Title IX, Part E, Subpart1.

In April 2002, the Department issued final guidance for the Reading First program. Thefollowing two questions from the document relate to the eligibility and participation ofprivate school children:

H-21. Are private school children eligible to participate in the Reading Firstprogram?

Yes. Funds awarded to State educational agencies and local educational agencies underReading First are subject to the requirements of Section 9501 of ESEA (Participation byPrivate School Children and Teachers). The statute requires LEAs to provide privateschool children and their teachers or other educational personnel with educationalservices that address their needs related to Reading First on an equitable basis with publicschool children and teachers. LEAs must provide these services in a timely manner.

Funds provided for educational services and other benefits for private school childrenand their teachers must be equal, taking into account the number and educational needsof the children to be served, to the funds provided for participating public schoolchildren.

All services and benefits provided to private school children and their teachers underReading First must be secular, neutral, and non-ideological.

Local educational agencies seeking Reading First subgrants must consult with appropri-ate private school officials during the design and development of their Reading Firstplans on such issues as determining eligibility of private school children (see questionH-22); identifying the children’s needs; what services will be offered; how, where, andby whom services will be provided; and how the services will be assessed.

H-22. How is the eligibility of private school children determined?

In general, private school children in the areas served by public schools receivingReading First funds would be eligible. This determination can be made either by theresidence of private school children in the attendance area of a public school receivingReading First funds or by the location of a private school in the attendance area of a publicschool receiving Reading First funds. For additional information on which publicschools within an eligible local educational agency may receive Reading First funds, seequestion I-1.(Guidance for the Reading First Program, U.S. Department of Education, April 2002)

Key Provisions

(continued)

Private School

Participation


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Reading First:http://www.ed.gov/offices/OESE/readingfirst/index.html

Legislation, Regulation, and Guidance for NCLBA:http://www.ed.gov/offices/OESE/asst.html


http://www.ed.gov/offices/OESE/readingfirst/index.html



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The principal purpose of Early Reading First is to support local efforts to enhance theearly language, literacy, and prereading development of preschool-age children, particu-larly those from low-income families, through strategies and professional developmentthat are based on scientifically based reading research (Sec. 1221(a)(1)).

In FY 2002, $75 million is available for distribution by the U.S. Department of Educationin grants to eligible applicants. Such applicants include: (a) local educational agenciesthat are eligible to receive Reading First grants and (b) public or private organizationsor agencies, located in a community served by an eligible local educational agency, thatoperate programs that serve preschool-age children (such as a program at a Head Startcenter, a child care program, or a family literacy program) (Sec. 1221(b)(1)).

Grant recipients must use the funds to carry out the following activities:

(A) Providing preschool-age children with high-quality oral language and litera-ture-rich environments in which to acquire language and prereading skills.

(B) Providing professional development that is based on scientifically basedreading research knowledge of early language and reading development for thestaff of the eligible applicant, and that will assist in developing such areas asthe preschool-age children’s spoken language, written language, vocabulary,oral comprehension and recognition of letters and sounds.

(C) Identifying and providing activities and instructional materials that are basedon scientifically based reading research for use in developing the skills andabilities described in paragraph (B).

(D) Acquiring, providing training for, and implementing screening reading assess-ments or other appropriate measures that are based on scientifically basedreading research to determine whether preschool-age children are developingthe skills described in this subsection.

(E) Integrating such instructional materials, activities, tools, and measures into theprograms offered by the eligible applicant. (Sec. 1222(d))

Grant recipients must report annually to the U.S. Department of Education regarding theprogress made in addressing the purposes of the program. The report must include adescription of:

(A) the research-based instruction, materials, and activities being used in theprograms funded under the grant;

(B) the types of programs funded under the grant and the ages of children servedby such programs;

(C) the qualifications of the program staff who provide early literacy instructionunder such programs and the type of ongoing professional developmentprovided to such staff; and

(D) the results of the evaluation of the success of the program. (Sec. 1225)


Early Reading First

Purpose

Funding

Key Provisions


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The program neither requires nor prohibits services to children served by privateagencies. Private organizations and agencies are eligible grant applicants.

Early Reading First:http://www.ed.gov/offices/OESE/earlyreading/index.html


Private School

Participation


http://www.ed.gov/offices/OESE/earlyreading/index.html




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William F. Goodling Even Start Family

Literacy Programs

Purpose

Funding

Key Provisions

The purpose of the Even Start Family Literacy Program is to help break the cycle ofpoverty and illiteracy by:

(A) improving the educational opportunities of the nation’s low-income familiesby integrating early childhood education, adult literacy or adult basic educa-tion, and parenting education into a unified family literacy program;

(B) establishing a program that promotes the academic achievement of childrenand adults; assists children and adults from low-income families to achieve tochallenging state content standards and challenging state student achievementstandards; and uses instructional programs based on scientifically basedreading research and addressing the prevention of reading difficulties forchildren and adults. (Sec. 1231)

In FY 2002, $250 million will be distributed (after some funds are set aside for specificpurposes, such as family literacy grants for children of migratory workers) to states basedon the proportion of Title I, Part A funds that the state receives (Sec. 1232(a-d)).

A state may use up to six percent of its allocation for administration, technical assistance,quality improvement, and program evaluation (Sec. 1233(a)), but must distribute theremainder of the funds in competitive grants to partnerships between local educationalagencies and one or more of the following: a nonprofit community-based organization,a public agency other than a local educational agency, an institution of higher education,or a public or private nonprofit organization, other than a local educational agency, ofdemonstrated quality (Sec. 1232(e)(1)). Priority must be given to proposals that targethigh-need areas or areas designated as empowerment zones or enterprise communities(Sec. 1238(a)(2)).

In succeeding years of the program, a grant recipient must fund an increasingly largershare of the program costs, ranging from 10 percent in the first year to 65 percent in thesixth and subsequent years (Sec. 1234(b)(1)(A)).

Program Elements: Each program assisted must:(A) include the identification and recruitment of families most in need of services,

as indicated by a low level of income, a low level of adult literacy or Englishlanguage proficiency of the eligible parent or parents, and other need-relatedindicators;

(B) include screening and preparation of parents, including teenage parents, andchildren to enable those parents and children to participate fully in the activitiesand services;

(C) be designed to accommodate the participants’ work schedule and otherresponsibilities;

(D) include high-quality, intensive instructional programs that promote adultliteracy and empower parents to support the educational growth of theirchildren, developmentally appropriate early childhood educational services,and preparation of children for success in regular school programs;

(E) ensure that the staff meets prescribed qualifications;(F) include special training of staff to develop the skills necessary to work with


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parents and young children;(G) provide and monitor integrated instructional services to participating parents

and children through home-based programs;(H) operate on a year-round basis;(I) be coordinated with other prescribed programs;(J) use instructional programs based on scientifically based reading research for

children and adults, to the extent that research is available;(K) encourage participating families to attend regularly and to remain in the

program a sufficient time to meet their program goals;(L) include reading-readiness activities for preschool children based on scientifi-

cally based reading research;(M) if applicable, promote the continuity of family literacy to ensure that individu-

als retain and improve their educational outcomes;(N) ensure that the programs will serve those families most in need of the activities

and services; and(O) provide for an independent evaluation of the program, to be used for program

improvement. (Sec. 1235)

Eligible Participants: Eligible participants in an Even Start program are:(A) a parent or parents who are eligible for participation in adult education and

literacy activities under the Adult Education and Family Literacy Act; or whoare within the State’s compulsory school attendance age range, and

(B) the child or children, from birth through age 7, of any individual described inparagraph (A). (Sec. 1236(a))

Family members of eligible participants described above may also participate inactivities and services, when appropriate to serve the purpose of the program. Certainother persons are also eligible to participate. (Sec. 1236(b))

All programs funded under Even Start must provide equitable services to eligiblestudents and teachers in private schools in accordance with the provisions of Title IX,Part E, Subpart 1. Also, private nonprofit organizations are eligible grant partners withLEAs.

Even Start:http://www.ed.gov/offices/OESE/CEP/evenstprogresp.html


Private School

Participation


Key Provisions

(continued)

http://www.ed.gov/offices/OESE/CEP/evenstprogresp.html



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Title I, Part C:

Education of Migratory Children

Purpose

Funding

Key Provisions

The purpose of Title I, Part C is to assist states to:

(A) support high-quality and comprehensive educational programs for migratorychildren to help reduce the educational disruptions and other problems thatresult from repeated moves;

(B) ensure that migratory children who move among the states are not penalized inany manner by disparities among the states in curriculum, graduation require-ments, and state academic content and student academic achievement stan-dards;

(C) ensure that migratory children are provided with appropriate educationalservices (including supportive services) that address their special needs in acoordinated and efficient manner;

(D) ensure that migratory children receive full and appropriate opportunities tomeet the same challenging state academic content and student academicachievement standards that all children are expected to meet;

(E) design programs to help migratory children overcome educational disruption,cultural and language barriers, social isolation, various health-related prob-lems, and other factors that inhibit the ability of such children to do well inschool, and to prepare such children to make a successful transition topostsecondary education or employment; and

(F) ensure that migratory children benefit from state and local systemic reforms.(Sec. 1301)

In FY 2002 $396 million will be distributed to states through a formula based on thenumber of migratory children in the state and the state’s average per-pupil expenditure(Sec. 1303(a)(1)).

State educational agencies may use the funds for programs of education for migratorychildren operated directly by the state or through local operating agencies (Sec. 1302).The term “local operating agency” means a local educational agency or a public ornonprofit private agency with which a state educational agency makes an arrangementto carry out a project under the program (Sec. 1309(1)). The term “migratory child”means a child who is, or whose parent or spouse is, a migratory agricultural worker,including a migratory dairyworker, or a migratory fisher, and who, in the preceding 36months, has moved from one school district or administrative area to another (Sec.1309(1)).

Agencies must use the funds to meet the needs of migratory children and to permit suchchildren to participate effectively in school (Sec. 1306(b)(1)). In providing services,agencies must give priority to migratory children who are failing, or most at risk offailing, to meet state academic achievement standards, and whose education has beeninterrupted during the regular school year (Sec. 1304(d)).


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All programs funded under Title I, Part C must provide equitable services to eligiblestudents and teachers in private schools in accordance with the provisions of Title IX,Part E, Subpart 1.

Office of Migrant Education:http://www.ed.gov/offices/OESE/MEP/


Private School

Participation


http://www.ed.gov/offices/OESE/MEP/



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Title I, Part G:

Advanced Placement Programs

Purpose

Funding

Key Provisions

The purposes of Title I, Part G are:(A) to support state and local efforts to raise academic standards through advanced

placement programs, and thus further increase the number of students whoparticipate and succeed in advanced placement programs;

(B) to encourage more of the 600,000 students who take advanced placementcourses each year but do not take advanced placement exams each year, todemonstrate their achievements through taking the exams;

(C) to build on the many benefits of advanced placement programs for students,which benefits may include the acquisition of skills that are important to manyemployers, Scholastic Aptitude Test (SAT) scores that are 100 points above thenational averages, and the achievement of better grades in secondary schooland in college than the grades of students who have not participated in theprograms;

(D) to increase the availability and broaden the range of schools, including middleschools, that have advanced placement and pre-advanced placement programs;

(E) to demonstrate that larger and more diverse groups of students can participateand succeed in advanced placement programs;

(F) to provide greater access to advanced placement and pre-advanced placementcourses and highly trained teachers for low-income and other disadvantagedstudents;

(G) to provide access to advanced placement courses for secondary school studentsat schools that do not offer advanced placement programs, increase the rate atwhich secondary school students participate in advanced placement courses,and increase the numbers of students who receive advanced placement testscores for which college academic credit is awarded;

(H) to increase the participation of low-income individuals in taking advancedplacement tests through the payment or partial payment of the costs of theadvanced placement test fees; and

(I) to increase the number of individuals that achieve a baccalaureate or advanceddegree, and to decrease the amount of time such individuals require to attainsuch degrees. (Sec. 1702)

In FY 2002 $22 million will be available under this program. The bulk of the funds willbe awarded in grants to state agencies for the advanced placement test fee program tohelp low-income students cover the costs of advanced placement test fees. Allocationsare based on a state’s share of low-income students. Any remaining funds ($2 millionin FY 2002) will be awarded on a competitive basis to eligible applicants (stateeducational agencies, school districts, and non-profit organizations with expertise inoperating AP programs) for advanced placement incentive programs.

Under the advanced placement test fee program (Sec. 1704), the U.S. Department ofEducation awards grants to state educational agencies to enable them to reimburse low-income individuals to cover part or all of the costs of advanced placement test fees (Sec.1704(a)).


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Although neither the advanced placement test fee program nor the incentive program hasspecific requirements regarding the equitable participation of students in privateschools, the purpose of these programs is to help low-income students meet the costs oftaking advanced placement tests. The statutory language refers to students in general,not to students in particular types of schools, so private school students are not precludedfrom participating in this program.

Advanced Placement Test Feeshttp://www.ed.gov/offices/OESE/SIP/programs/aptf.html

Advanced Placement Incentives:http://www.ed.gov/offices/OESE/SIP/programs/apip.html


Private School

Participation


http://www.ed.gov/offices/OESE/SIP/programs/aptf.html

http://www.ed.gov/offices/OESE/SIP/programs/apip.html



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The purpose of Part A of Title II is to increase student academic achievement throughstrategies such as improving teacher and principal quality and increasing the number ofhighly qualified teachers in the classroom and highly qualified principals and assistantprincipals in schools (Sec. 2101).

In FY 2002, $2.9 billion will be distributed, mostly to states, with each state receivingwhat it had received in FY 2001 under the Eisenhower Professional Development grantprogram and the Class-Size Reduction program, and any appropriations above thatamount distributed by a formula based 35 percent on the number of students in the stateand 65 percent on the number of students in the state below the poverty line (Sec.2111(b)). States then distribute 95 percent of the funds to local educational agencies,first ensuring that the LEAs receive the funds they received in FY 2001 under theEisenhower and Class-Size Reduction programs, and then distributing additional fundsby a formula based 20 percent on the number of students in the LEA and 80 percent onthe number of students below the poverty line (Sec. 2121). Student counts for both thestate and LEA include students in public and private schools.

Local educational agencies may use the funds for the following purposes:

(A) Developing and implementing mechanisms to assist schools in effectivelyrecruiting and retaining highly qualified teachers, including specialists in coreacademic subjects, principals, and (under certain circumstances) pupil servicespersonnel.

(B) Developing and implementing initiatives to assist in recruiting highly qualifiedteachers (particularly initiatives that have proven effective in retaining highlyqualified teachers), and hiring highly qualified teachers, who will be assignedteaching positions within their fields. Such initiatives may include providingscholarships, signing bonuses, or other financial incentives, such as differentialpay, for teachers to teach. They may also include, among other things, hiringteachers to reduce class size.

(C) Providing professional development activities that (1) improve the knowledgeof teachers and principals concerning core academic subjects; effective in-structional strategies, methods, and skills; and the use of challenging statestandards and assessments to improve teaching practices and student academicachievement; (2) improve the knowledge of teachers and principals concerningeffective instructional practices, including training in how to teach and addressthe needs of students with different learning styles and special needs, trainingin methods of improving student behavior in the classroom, training ininvolving parents in their child’s education, and training in how to use data andassessments to improve classroom practice and student learning.

(D) Developing and implementing initiatives to promote retention of highlyqualified teachers and principals, including financial incentives for those whohave a record of success, and mentoring and support for new teachers andprincipals.

(E) Carrying out programs and activities that are designed to improve the qualityof the teacher force, such as tenure reform, merit pay, teacher testing, and

Title II, Part A:

Teacher and Principal Training and

Recruiting Fund

Purpose

Funding

Key Provisions


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innovative professional development programs, including those that relate tointegrating technology with instruction.

(F) Hiring highly qualified teachers, including teachers who become highlyqualified through state and local alternative routes to certification, and specialeducation teachers, in order to reduce class size, particularly in the early grades.

(G) Carrying out teacher advancement initiatives that promote professional growthand emphasize multiple career paths (such as paths to becoming a careerteacher, mentor teacher, or exemplary teacher) and pay differentiation.

(H) Carrying out programs and activities related to exemplary teachers. (Sec. 2123)

Note: The above list is not exhaustive. For more details, see Section 2123.

After distributing 95 percent of its allocation to local educational agencies and taking asmuch as 1 percent for administrative costs, a state must reserve specified amounts of thebalance of its allocation for state-level and partnership-level activities aimed at improv-ing teaching. Allowable state activities are listed in Sec. 2113(c) and allowablepartnership activities are listed in Sec. 2131.

To the extent a local educational agency uses funds under Part A of Title II to provideprofessional development to teachers and others (Sec. 9501(b)(3)(A)), it must provideequitable services to teachers and other professionals in private schools in accordancewith the provisions of Title IX, Part E, Subpart 1. The share of a local educationalagency’s grant that is used for professional development and subject to a determinationof equitable expenditures in a given year must never be less than the aggregate share ofthat agency’s awards that were used for professional development for fiscal year 2001under the Eisenhower Professional Development grant program and the Class-SizeReduction program (Sec. 9501(b)(3)(B)). The application that a local educationalagency submits to the state educational agency for funds under this part must include anassurance that the LEA will comply with Sec. 9501 regarding the equitable participationof private schools (Sec. 2122(b)(11)).

State-level and partnership-level activities funded under Part A of Title II must provideequitable services to teachers and other professionals in private schools in accordancewith the provisions of Title IX, Part E, Subpart 1. The application that a state educationalagency submits to the U.S. Department of Education for funds under this part mustinclude an assurance that the SEA will comply with Sec. 9501 regarding the equitableparticipation of private schools (Sec. 2112(b)(12)).

Improving Teacher Quality State Grantshttp://www.ed.gov/offices/OESE/SIP/programs/epdp.html


Private School

Participation


http://www.ed.gov/offices/OESE/SIP/programs/epdp.html



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The purpose of the Mathematics and Science Partnerships is to improve the academicachievement of students in the areas of mathematics and science by encouraging stateeducational agencies, institutions of higher education, local educational agencies,elementary schools, and secondary schools to participate in programs that:

(A) improve and upgrade the status and stature of mathematics and scienceteaching by encouraging institutions of higher education to assume greaterresponsibility for improving mathematics and science teacher education throughthe establishment of a comprehensive, integrated system of recruiting, training,and advising mathematics and science teachers;

(B) focus on the education of mathematics and science teachers as a career-longprocess that continuously stimulates teachers’ intellectual growth and up-grades teachers’ knowledge and skills;

(C) bring mathematics and science teachers in elementary schools and secondaryschools together with scientists, mathematicians, and engineers to increase thesubject matter knowledge of mathematics and science teachers and improvesuch teachers’ teaching skills through the use of sophisticated laboratoryequipment and work space, computing facilities, libraries, and other resourcesthat institutions of higher education are better able to provide than theelementary schools and secondary schools;

(D) develop more rigorous mathematics and science curricula that are aligned withchallenging state and local academic content standards and with the standardsexpected for postsecondary study in engineering, mathematics, and science;and

(E) improve and expand training of mathematics and science teachers, includingtraining such teachers in the effective integration of technology into curriculaand instruction. (Sec. 2201(a))

In FY 2002, $12.5 million will be distributed in competitive grants to eligible partner-ships. If the annual appropriation ever exceeds $100 million, the amount above $100million will be awarded to states using a formula based on the number of students in thestate who are from children below the poverty line.

Eligible Partnerships must include:

• a state educationnal agency;• an engineering, mathematics, or science department of an institution of higher

education; and a high-need local educational agency.

Eligible Partnerships may include:

• another engineering, mathematics, science, or teacher training department of aninstitution of higher education;

• additional local educational agencies, public charter schools, public or privateelementary schools or secondary schools, or a consortium of such schools;

• a business; or• a nonprofit or for-profit organization of demonstrated effectiveness in improving

Title II, Part B:

Mathematics and Science Partnerships

Purpose

Funding

Key Provisions


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the quality of mathematics and science teachers. (Sec. 2201(b)(1)

Authorized Activities: An eligible partnership must use the funds for specifiedactivities related to elementary schools or secondary schools. For a full list ofallowable activities and associated conditions, see Sec. 2202(c). Examplesfollow:

(A) Creating opportunities for enhanced and ongoing professional development ofmathematics and science teachers that improves the subject matter knowledgeof such teachers.

(B) Promoting strong teaching skills for mathematics and science teachers andteacher educators, including integrating reliable scientifically based researchteaching methods and technology-based teaching methods into the curriculum.

(C) Establishing and operating mathematics and science summer workshops orinstitutes, including follow-up training, for elementary school and secondaryschool mathematics and science teachers.

(D) Recruiting mathematics, engineering, and science majors to teaching throughthe use of signing incentives, stipends, scholarships, and other programs.

(E) Developing or redesigning more rigorous mathematics and science curriculathat are aligned with challenging state and local academic content standardsand the standards expected for postsecondary study in mathematics andscience.

(F) Establishing distance learning programs for mathematics and science teachersusing curricula that are innovative, content-based, and based on scientificallybased research that is current as of the date of the program involved.

(G) Designing programs to prepare a mathematics or science teacher at a school toprovide professional development to other mathematics or science teachers atthe school.

(H) Establishing and operating programs to bring mathematics and science teach-ers into contact with working scientists, mathematicians, and engineers, toexpand such teachers’ subject matter knowledge of and research in science andmathematics.

(I) Designing programs to identify and develop exemplary mathematics andscience teachers in the kindergarten through grade 8 classrooms.

(J) Training mathematics and science teachers and developing programs toencourage young women and other underrepresented individuals in mathemat-ics and science careers (including engineering and technology) to pursuepostsecondary degrees in majors leading to such careers.

Programs funded under Title II, Part B must provide equitable services to students andteachers in private schools in accordance with the provisions of Title IX, Part E, Subpart1.


Mathematics and Science Partnerships:http://www.ed.gov/offices/OESE/esea/progsum/title2a.html#math


Private School

Participation


http://www.ed.gov/offices/OESE/esea/progsum/title2a.html#math



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The purpose of the National Writing Project subpart is to improve the teaching of writingand the quality of student writing (Sec. 2331). The purpose of the Civic Educationsubpart is to improve the quality of civic education and to foster civic competence (Sec.2342).

In FY 2002, $14 million will be awarded directly to the National Writing Project, and$27 million will be awarded directly to the Center for Civic Education and the NationalCouncil on Economic Education.

Under Subpart 2, the National Writing Project enters into contracts with institutions ofhigher education or other nonprofit educational providers, which agree to operateteacher training programs in effective approaches and processes for the teaching ofwriting (Sec. 2332(b)).

Under Subpart 3, the Center for Civic Education is awarded funds to carry out specifiedcivic education activities and programs, including “We the People…The Citizen and theConstitution,” and We the People…Project Citizen” (Sec. 2344). In addition, funds areavailable to the Center, to the National Council on Economic Education, and to otherorganizations experienced in the development of civic, government, and economiceducation programs in countries other than the United States, for the purpose of carryingout cooperative education exchange programs with specified foreign countries (Sec.2345).

The subsections relating to the “We the People” programs specifically state that theprograms authorized shall be made available to public and private elementary schoolsand secondary schools (Sec. 2344(a)(2) and (b)(2)). Although the National WritingProject program does not have specific requirements regarding private schools, itspurpose is to improve the teaching of writing. The statutory language refers to assistingteachers in general, not teachers in particular types of schools, so private school teachersare not precluded from participating in this program. Neither is the private schoolcommunity precluded from participating in the education exchange programs autho-rized under Sec. 2345.

National Writing Projecthttp://www.writingproject.org/

Civic Educationhttp://www.civiced.org/wethepeople.html


Purpose

Funding

Key Provisions

Title II, Part C:

Subpart 2, National Writing Project

Subpart 3, Civics Education

Private School

Participation


http://www.writingproject.org/

http://www.civiced.org/wethepeople.html

http://www.civiced.org/wethepeople.html



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The purpose of teacher liability protection program is to provide teachers, principals, andother school professionals the tools they need to undertake reasonable actions tomaintain order, discipline, and an appropriate educational environment (Sec. 2362).

No funding is necessary for this subpart.

Section 2366(a) protects teachers (a term which for purposes of this subpart includesprincipals, administrators and specified other persons) in public and private elementaryand secondary schools from liability for harm caused when acting within the scope oftheir employment or responsibilities to a school under certain circumstances. Section2266(c) establishes limitations on the punitive damages that may be awarded against ateacher, and Section 2367 limits the liability of teachers for noneconomic loss.

The subpart applies to teachers in private schools (Sec. 2363 (4)).


Title II, Part C, Subpart 5:

Teacher Liability Protection

Purpose

Funding

Key Provisions

Private School

Participation




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The primary goal of Title II, Part D is to improve student academic achievement throughthe use of technology in elementary schools and secondary schools (Sec. 2401(b)(1).

The purposes of Title II, Part D are the following:

(A) To provide assistance to states and localities for the implementation andsupport of a comprehensive system that effectively uses technology in elemen-tary schools and secondary schools to improve student academic achievement.

(B) To encourage the establishment or expansion of initiatives, including initia-tives involving public-private partnerships, designed to increase access totechnology, particularly in schools served by high-need local educationalagencies.

C) To assist states and localities in the acquisition, development, interconnection,implementation, improvement, and maintenance of an effective educationaltechnology infrastructure in a manner that expands access to technology forstudents (particularly for disadvantaged students) and teachers.

(D) To promote initiatives that provide school teachers, principals, and administra-tors with the capacity to integrate technology effectively into curricula andinstruction that are aligned with challenging state academic content and studentacademic achievement standards, through such means as high-quality profes-sional development programs.

E) To enhance the ongoing professional development of teachers, principals, andadministrators by providing constant access to training and updated research inteaching and learning through electronic means.

(F) To support the development and utilization of electronic networks and otherinnovative methods, such as distance learning, of delivering specialized orrigorous academic courses and curricula for students in areas that would nototherwise have access to such courses and curricula, particularly in geographi-cally isolated regions.

(G) To support the rigorous evaluation of programs funded under this part,particularly regarding the impact of such programs on student academicachievement, and ensure that timely information on the results of suchevaluations is widely accessible through electronic means.

(H) To support local efforts using technology to promote parent and familyinvolvement in education and communication among students, parents, teach-ers, principals, and administrators. (Sec. 2402(a))

In FY 2002, $700.5 million will be distributed, mostly to states, based on each state’sshare of Title I, Part A funds (Sec. 2411). States in turn may use up to 5 percent of theirfunds for state-level activities and then must distribute the remaining funds as follows:50 percent to school districts based on a district’s share of Title I, Part A funds and 50percent in competitive awards to high-need school districts or to partnerships servingsuch school districts (Sec. 2412(a)).

Title II, Part D:

Enhancing Education Through Technology (ED TECH)

Purpose

Funding


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State Use of Funds. The U.S. Department of Education’s guidance on the Ed Techprogram specifies that a state may use up to 5 percent of its allocation for activities suchas the following:

• Supporting innovative strategies for the delivery of specialized or rigorousacademic courses and curricula through the use of technology, and providing othertechnical assistance to grant applicants and recipients, with priority given to high-need LEAs.

• Supporting public-private initiatives for acquiring technology for high-needLEAs and students served by these LEAs.

• Supporting professional and curriculum development that includes the integrationof advanced technologies.

• Assisting grant recipients in providing all students (including students withdisabilities and students with limited English proficiency) and teachers withaccess to educational technology.

• Developing performance measurement systems to evaluate the effectiveness ofprograms supported with Ed Tech funds.

• Collaborating with other SEAs on distance learning. (Sec. 2415)

Local Use of Funds. Section 2416 specifies that fund recipients (private schools do notreceive funds; they receive services and other benefits) must, with some exceptions, useno less than 25 percent of such funds for professional development relating to technology(2416(a)). The remaining funds may be used for activities such as the followingspecified in the USDE’s Ed Tech guidance:

• Increasing accessibility to technology, particularly through public-private part-nerships, with special emphasis on accessibility for high-need schools.

• Adapting or expanding applications of technology to enable teachers to increasestudent academic achievement, including technology literacy, through teachingpractices that are based on the review of relevant research and through use ofinnovative distance learning strategies.

• Implementing proven and effective courses and curricula that include integratedtechnology and that are designed to help students reach challenging academicstandards.

• Using technology to promote parental involvement and foster communicationamong students, parents, and teachers about curricula, assignments, and assess-ments.

• Preparing one or more teachers in schools as technology leaders who will assistother teachers, and providing bonus payments to the technology leaders.

• Enhancing existing technology and acquiring new technology to support educa-tion reforms and to improve student achievement.

• Acquiring connectivity linkages, resources, and services for use by students andschool personnel to improve academic achievement.

• Using technology to collect, manage, and analyze data to inform and enhanceteaching and school improvement efforts.

• Implementing enhanced performance measurement systems to determine theeffectiveness of education technology programs funded with Ed Tech funds.

• Developing, enhancing, or implementing information technology courses.

Internet Safety. Section 2441 prohibits school districts from purchasing computersused to access the Internet, or from paying direct costs associated with accessing theInternet, for schools that do not have in place a policy of Internet safety for minors. Thesection specifies conditions the policy must satisfy. This restriction does not apply toschools that receive E-Rate discounts, since such schools are subject to separaterequirements regarding policies of Internet safety for minors.

Key Provisions


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All programs funded under Title II, Part D must provide equitable services to eligiblestudents and teachers in private schools in accordance with the provisions of Title IX,Part E, Subpart 1.

USDE’s Ed Tech guidance includes the following question and answer:

L-2. What do the equitable participation provisions require LEAs and eligible localentities to do?

LEAs and eligible local entities must engage in timely and meaningful consultation withappropriate private school officials during the design and development of programs andcontinue the consultation throughout the implementation of these programs. Therefore,for both Ed Tech formula and competitive awards, the consultation should begin duringthe development of the local grant proposals. Eligible LEAs that seek both competitiveand formula funding under Ed Tech may engage in consultations that simultaneouslyinvolve the Ed Tech competitive and formula grants.

LEAs and local entities must provide, on an equitable basis, special educational servicesor other benefits that address the needs under the program of children, teachers, and othereducational personnel in private schools in areas served by the LEAs and local entities.Expenditures for educational services and other benefits for private school children,teachers, and other educational personnel must be equal, taking into account the numberand educational needs of the children to be served, to the expenditures for participatingpublic school children.

Enhancing Education Through Technology (Ed-Tech) State Program:http://www.ed.gov/offices/OESE/SST/edtech.html



Private School

Participation

http://www.ed.gov/offices/OESE/SST/edtech.html



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The purposes of Title III, Part A include the following:

(A) to help ensure that children who are limited English proficient, includingimmigrant children and youth, attain English proficiency, develop high levelsof academic attainment in English, and meet the same challenging stateacademic content and student academic achievement standards as all childrenare expected to meet;

(2) to assist all limited English proficient children, including immigrant childrenand youth, to achieve at high levels in the core academic subjects so that thosechildren can meet the same challenging state academic content and studentacademic achievement standards as all children are expected to meet;

(3) to develop high-quality language instruction educational programs designed toassist state educational agencies, local educational agencies, and schools inteaching limited English proficient children and serving immigrant childrenand youth;

(4) to assist state educational agencies and local educational agencies to developand enhance their capacity to provide high-quality instructional programsdesigned to prepare limited English proficient children, including immigrantchildren and youth, to enter all-English instruction settings;

(5) to assist state educational agencies, local educational agencies, and schools tobuild their capacity to establish, implement, and sustain language instructioneducational programs and programs of English language development forlimited English proficient children;

(6) to promote parental and community participation in language instructioneducational programs for the parents and communities of limited Englishproficient children. (Sec. 3102)

In FY 2002, the USDE will distribute $415 million to states through a formula based 80percent on the state’s share of limited English proficient students and 20 percent on thestate’s share of recent immigrant students (Sec. 3111). States then allocate funds toschool districts based, with certain exceptions, on a district’s share of limited Englishproficient students (Sec. 3113).

Required Activities. School districts must use the funds for the following purposes:

(1) to increase the English proficiency of limited English proficient children byproviding high quality language instruction educational programs that arebased on scientifically based research demonstrating the effectiveness of theprograms in increasing English proficiency; and student academic achieve-ment in the core academic subjects; and

(2) to provide high-quality professional development to classroom teachers (in-cluding teachers in classroom settings that are not the settings of languageinstruction educational programs), principals, administrators, and other schoolor community based organizational personnel. (Sec. 3115(c)).

Title III, Part A:

English Language Acquisition, Language

Enhancement, and Academic Achievement

Purpose

Funding

Key Provisions


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Authorized Activities. School districts may use the funds for the following purposes:

(1) Upgrading program objectives and effective instruction strategies.(2) Improving the instruction program for limited English proficient children by

identifying, acquiring, and upgrading curricula, instruction materials, educa-tional software, and assessment procedures.

(3) Providing tutorials and academic or vocational education for limited Englishproficient children, and intensified instruction.

(4) Developing and implementing elementary school or secondary school lan-guage instruction educational programs that are coordinated with other rel-evant programs and services.

(5) Improving the English proficiency and academic achievement of limitedEnglish proficient children.

(6) Providing community participation programs, family literacy services, andparent outreach and training activities to limited English proficient childrenand their families.

(7) Improving the instruction of limited English proficient children throughtechnology.

(8) Carrying out other activities that are consistent with the purposes of theprogram. (Sec. 3115(d)).

Programs funded under Title III, Part A must provide equitable services to students andteachers in private schools in accordance with the provisions of Title IX, Part E, Subpart1.

English Language Acquisition:http://www.ed.gov/offices/OELA/



Private School

Participation

http://www.ed.gov/offices/OELA/



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The purpose of Title IV, Part A is to support programs that prevent violence in and aroundschools; that prevent the illegal use of alcohol, tobacco, and drugs; that involve parentsand communities; and that are coordinated with related federal, state, school, andcommunity efforts and resources to foster a safe and drug-free learning environment thatsupports student academic achievement (Sec. 4002).

State and Local Programs (Subpart 1). In FY 2002, the USDE will distribute $373million to states through a formula that is based 50 percent on a state’s share of all TitleI concentration grants and 50 percent on school-age population (Sec. 4111(b)). Thegovernor of the state may reserve up to 20 percent of the state allocation to award grantsconsistent with the purposes of the subpart (Sec. 4112(a)). State educational agenciesmay then extract up to 5 percent of a state’s allocation for state activities (Sec. 4112(c))and up to 3 percent for administrative costs (Sec. 4112(a)(6), provided it distributes notless than 93 percent of the allocation to school districts (Sec. 4112(b)(1)). Funds aredistributed to school districts through a formula that is based 60 percent on Title I, PartA grants and 40 percent on enrollment of students in public and private schools (Sec.4114(a)(1)).

National Programs (Subpart 2). In FY 2002, $182 million is available for variousnational programs authorized under subpart 2.

States and school districts may use funds for a wide range of programs that foster safeand drug-free learning environments and that prevent or reduce violence, drug use, anddelinquency. Programs and activities must:

(A) be based on an assessment of objective data regarding the incidence of violenceand illegal drug use in the elementary schools and secondary schools andcommunities to be served, including an objective analysis of the currentconditions and consequences regarding violence and illegal drug use, includingdelinquency and serious discipline problems, among students who attend suchschools (including private school students who participate in the drug andviolence prevention program) that is based on ongoing local assessment orevaluation activities;

(B) be based on an established set of performance measures aimed at ensuring thatthe elementary schools and secondary schools and communities to be servedby the program have a safe, orderly, and drug-free learning environment;

(C) be based on scientifically based research that provides evidence that theprogram to be used will reduce violence and illegal drug use;

(D) be based on an analysis of the data reasonably available at the time, of theprevalence of risk factors, including high or increasing rates of reported casesof child abuse and domestic violence; protective factors, buffers, assets; orother variables in schools and communities in the state identified throughscientifically based research; and

(E) include meaningful and ongoing consultation with and input from parents in thedevelopment of the application and administration of the program or activity.(Sec. 4115(a))

Title IV, Part A:

Safe and Drug-Free Schools and Communities

Purpose

Funding

Key Provisions


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Programs funded under Title IV, Part A at the local, state, and national levels mustprovide equitable services to students and teachers in private schools in accordance withthe provisions of Title IX, Part E, Subpart 1.

A state’s application for funds under this program must provide an assurance that thelocal educational agencies in the state will comply with the provisions of Section 9501of Title IX, Part E, Subpart 1 pertaining to the participation of private school childrenand teachers (Sec. 4113(a)(7)). Further, a school district must develop its applicationthrough timely and meaningful consultation with various representatives, includingrepresentatives of private schools (Sec. 4114(c)(1)(A)), and must continue consultationwith those representatives on an ongoing basis on how best to coordinate the program(Sec. 4114(c)(1)(B)).

Safe and Drug-Free Schools Programhttp://www.ed.gov/offices/OESE/SDFS/



Private School

Participation

http://www.ed.gov/offices/OESE/SDFS/



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The purpose of Title IV, Part B is to provide opportunities for communities to establishor expand activities in community learning centers that:

(1) provide opportunities for academic enrichment, including providing tutorialservices to help students, particularly students who attend low-performingschools, to meet state and local student academic achievement standards in coreacademic subjects, such as reading and mathematics;

(2) offer students a broad array of additional services, programs, and activities,such as youth development activities, drug and violence prevention programs,counseling programs, art, music, and recreation programs, technology educa-tion programs, and character education programs, that are designed to reinforceand complement the regular academic program of participating students; and

(3) offer families of students served by community learning centers opportunitiesfor literacy and related educational development.

In FY 2002, $1 billion is available for the USDE to distribute, after taking some modestset-asides, to states through a formula that is based on a state’s share of Title I, Part Afunds. After taking up to 5 percent for administrative costs and other activities, statesthen distribute the funds through competitive grants to eligible applicants. (Sec. 4202)Grants may not be less than $50,000 (Sec. 4204 (h)) and must be awarded for a periodof three to five years (Sec. 4204 (g)).

Community Learning Centers. The statute defines a community learning center as anentity that (A) assists students in meeting state and local academic achievementstandards in core academic subjects, such as reading and mathematics, by providing thestudents with opportunities for academic enrichment activities and a broad array of otheractivities (such as drug and violence prevention, counseling, art, music, recreation,technology, and character education programs) during non-school hours or periodswhen school is not in session (such as before and after school or during summer recess)that reinforce and complement the regular academic programs of the schools attendedby the students served; and (B) offers families of students served by such centeropportunities for literacy and related educational development (Sec. 4201(b)(1)).

Eligible Applicant. Eligible applicants for grants to run community learning centersinclude a local educational agency, community-based organization, another public orprivate entity, or a consortium of 2 or more of such agencies, organizations, or entities(Sec. 4201(b)(3)). USDE draft guidance says private, including religious, schools areeligible applicants (See Private School Participation below.)

Application Requirements. Each application for a grant to run a community learningcenter must include:

(A) a description of the before and after school or summer recess activities to befunded, including (i) an assurance that the program will take place in a safe andeasily accessible facility; (ii) a description of how students participating in theprogram carried out by the community learning center will travel safely to andfrom the center and home; and (iii) a description of how the eligible entity will

Title IV, Part B:

21st Century Community Learning Centers

Purpose

Funding

Key Provisions


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disseminate information about the community learning center (including itslocation) to the community in a manner that is understandable and accessible;

(B) a description of how the activity is expected to improve student academicachievement;

(C) an identification of federal, state, and local programs that will be combined orcoordinated with the proposed program to make the most effective use of publicresources;

(D) an assurance that the proposed program was developed, and will be carried out,in active collaboration with the schools the students attend;

(E) a description of how the activities will meet the principles of effectivenessdescribed in Section 4205(b);

(F) an assurance that the program will primarily target students who attend schoolseligible for schoolwide programs under Title 1, Part A and the families of suchstudents [Note: The state application requires that funds be used to servestudents who primarily attend schools eligible for schoolwide programs underTitle 1, Part A or “schools that serve a high percentage of students from low-income families” (Sec. 4203(a)(3)). The USDE’s draft guidance says statesmay make awards “only to applicants that will primarily serve students thatattend schools with a high concentration of poor students.” The distinction isimportant because private schools, regardless of their concentration of low-income students, are not eligible for schoolwide programs under Title 1, PartA.]

(G) an assurance that funds under this part will be used to increase the level of state,local, and other non-federal funds that would, in the absence of funds under thispart, be made available for programs and activities authorized under this part,and in no case supplant federal, state, local, or non-federal funds;

(H) a description of the partnership between a local educational agency, a commu-nity-based organization, and another public entity or private entity, if appropri-ate;

(I) an evaluation of the community needs and available resources for the commu-nity learning center and a description of how the program proposed to be carriedout in the center will address those needs (including the needs of workingfamilies);

(J) a demonstration that the eligible entity has experience, or promise of success,in providing educational and related activities that will complement andenhance the academic performance, achievement, and positive youth develop-ment of the students;

(K) a description of a preliminary plan for how the community learning center willcontinue after funding under this part ends;

(L) an assurance that the community will be given notice of an intent to submit anapplication and that the application and any waiver request will be available forpublic review after submission of the application;

(M) if the eligible entity plans to use senior volunteers in activities carried outthrough the community learning center, a description of how the eligible entitywill encourage and use appropriately qualified seniors to serve as the volun-teers; and

(N) such other information and assurances as the state educational agency mayreasonably require. (Sec. 4204(b))

Principles of Effectiveness. Funded programs must meet the following principles ofeffectiveness:

(A) be based upon an assessment of objective data regarding the need for before andafter school programs (including during summer recess periods) and activitiesin the schools and communities;

(B) be based upon an established set of performance measures aimed at ensuringthe availability of high quality academic enrichment opportunities; and


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(C) if appropriate, be based upon scientifically based research that providesevidence that the program or activity will help students meet the state and localstudent academic achievement standards. (Sec. 4205(b)(1)

Authorized Activities. Grant recipients may use the funds to carry out a broad rangeof before and after school activities, including:

(1) remedial education activities and academic enrichment learning programs,including providing additional assistance to students to allow the students toimprove their academic achievement;

(2) mathematics and science education activities;(3) arts and music education activities;(4) entrepreneurial education programs;(5) tutoring services (including those provided by senior citizen volunteers) and

mentoring programs;(6) programs that provide after school activities for limited English proficient

students that emphasize language skills and academic achievement;(7) recreational activities;(8) telecommunications and technology education programs;(9) expanded library service hours;(10) programs that promote parental involvement and family literacy;(11) programs that provide assistance to students who have been truant, suspended,

or expelled to allow the students to improve their academic achievement; and(12) drug and violence prevention programs, counseling programs, and character

education programs. (Sec. 4205(a))

Programs funded under Title IV, Part B must provide equitable services to students andteachers in private schools in accordance with the provisions of Title IX, Part E, Subpart1. Two questions from USDE’s draft guidance on the program (issued May 9, 2002)address issues of private school participation:

F-15: Are religious organizations, including entities such as religious privateschools, eligible to receive 21st CCLC grants from the SEA?

Yes. Faith-based Organizations (FBOs) are eligible to apply for local grants providedthey meet all statutory and regulatory requirements of this program. In order to ensurethat a local grantee, including a FBO, meets the program’s purposes and criteria, itshould not discriminate against beneficiaries on the basis of religion. In matters ofprogram eligibility, the SEA may not discriminate against grant applicants with regardto religion. Thus, faith-based and community-based organizations are encouraged toapply for local grants on the same basis as other applicants.

Funds shall be used solely for the purposes set forth in this grant program. No fundsprovided pursuant to this program shall be expended to support religious practices, suchas religious instruction, worship, or prayer. FBOs may offer such practices, but not aspart of the program receiving assistance, and FBOs should comply with generallyapplicable cost accounting requirements to ensure that funds are not used to supportthese activities. For example, FBOs may wish to keep grant funds in a separate accountor accounts to ensure that they are not used inappropriately. OMB Circulars A-21 (foreducational institutions) and A-122 (for non-profit organizations) provide furtherguidance regarding these accounting requirements.

F-16: Are private school students eligible to participate in 21st CCLC activitiescarried out in public schools?

Yes. Students, teachers, and other educational personnel are eligible to participate in 21st

Private School

Participation


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CCLC programs on an equitable basis. A public school or other public or privateorganization that is awarded a grant must provide equitable services to private schoolstudents, and their families, if those students are part of the target population.

Another question relates to the applicability of civil rights laws:

G-4: Several civil rights laws apply to recipients of Federal grants. Do these lawsapply to private organizations that receive a grant under this program?

Yes, these laws apply to recipients of federal financial assistance, whether they arepublic or private. They include Title VI of the Civil Rights Act, which bars discrimina-tion based on race, color, or national origin; Title IX of the Education Amendments of1972, which bars discrimination based on gender; Section 504 of the Rehabilitation Actof 1973, which bars discrimination based on disability; and the Age Discrimination Actof 1975. Section 9534 of the Elementary and Secondary Education Act in effect providesthat nothing in that Act disturbs the application of these laws. By the same token, theAct does not alter the applicability of other non-discrimination laws that are unrelatedto the receipt of federal funds (such as Title VII of the Civil Rights Act, which forbidsemployment discrimination on the basis of race, color, religion, sex, or national origin,but also contains certain exceptions).

21st Century Community Learning Centers (21st CCLC) Programhttp://www.ed.gov/offices/OESE/21stcclc/



Private School

Participation

(continued)

http://www.ed.gov/offices/OESE/21stcclc/



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The purposes of Title V, Part A are:

(1) To support local education reform efforts that are consistent with and supportstatewide education reform efforts.

(2) To provide funding to enable state educational agencies and local educationalagencies to implement promising educational reform programs and schoolimprovement programs based on scientifically based research.

(3) To provide a continuing source of innovation and educational improvement,including support programs to provide library services and instructional andmedia materials.

(4) To meet the educational needs of all students, including at-risk youth.(5) To develop and implement education programs to improve school, student, and

teacher performance, including professional development activities and classsize reduction programs. (Sec. 5101(a))

In FY 2002, $385 million is available for the USDE to distribute to states through aformula that is based on a state’s share of the national school-age population (Sec. 5111).After taking up to 15 percent of its allocation for administrative costs and statewideprograms (Sec. 5112(b)), a state then distributes funds to school districts based on thedistrict’s relative share of (a) the number of children enrolled in public schools and (b)the number of children enrolled in private nonprofit schools that participated inprograms assisted under this part for the fiscal year preceding the fiscal year for whichthe determination is made (Sec. 5112(c)(1)). (Despite the aforementioned formula,school districts are still obliged to contact on an annual basis officials of all privateschools in the district to determine whether such officials want their students toparticipate in the program (Sec. 5112(c)(2))). States must adjust their distributionformulas to provide higher per-pupil allocations to school districts that serve the greatestnumbers or percentages of:

(1) children living in areas with high concentrations of economically disadvan-taged families;

(2) children from economically disadvantaged families; or(3) children living in sparsely populated areas. (Sec. 5112(c)(3)(A))

Allowable Use of Funds. Funds made available under the program may be used for abroad array of innovative programs and activities as specified in Sec. 5131(a). Allow-able uses include, but are not limited to, technology activities and materials, instructionaland educational materials, including library materials, programs to provide for theeducational needs of gifted and talented children, promising education reform projects,service learning activities, and so on. Such programs must be:

(1) tied to promoting challenging academic achievement standards;(2) used to improve student academic achievement; and(3) part of an overall education reform strategy. (Sec. 5131(b))

Title V, Part A:

Innovative Programs

Purpose

Funding

Key Provisions


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Programs funded under Title V, Part A must provide equitable services to students andteachers in private schools in accordance with the provisions of Sec. 5142. The text ofthat section is provided as follows:

Sec. 5142. Participation of Children Enrolled in Private Schools

(a) PARTICIPATION ON EQUITABLE BASIS.—(1) IN GENERAL.—To the extent consistent with the number of children in the

school district of a local educational agency that is eligible to receive fundsunder this part, or that serves the area in which a program assisted under thispart is located, who are enrolled in private nonprofit elementary schools andsecondary schools, or, with respect to instructional or personnel trainingprograms funded by the State educational agency from funds made availablefor State educational agency use, the local educational agency, after consulta-tion with appropriate private school officials—(A) shall provide, as may be necessary, for the benefit of such children in such

schools—(i) secular, neutral, and non-ideological services, materials, and equip-

ment, including the participation of the teachers of such children (andother educational personnel serving such children) in training pro-grams; and

(ii) the repair, minor remodeling, or construction of public facilities(consistent with subsection (c)); or

(B) if such services, materials, and equipment are not feasible or necessary inone or more such private schools, as determined by the local educationalagency after consultation with the appropriate private school officials,shall provide such other arrangements as will assure equitable participa-tion of such children in the purposes and benefits of this part.

(2) OTHER PROVISIONS FOR SERVICES.—If no program is carried out underparagraph (1) in the school district of a local educational agency, the Stateeducational agency shall make arrangements, such as through contracts withnonprofit agencies or organizations, under which children in private schools inthe district are provided with services and materials to the same extent as wouldhave occurred if the local educational agency had received funds under thispart.

(3) APPLICATION OF REQUIREMENTS.—The requirements of this sectionrelating to the participation of children, teachers, and other personnel servingsuch children shall apply to programs carried out under this part by a Stateeducational agency or local educational agency, whether directly or throughgrants to, or contracts with, other public or private agencies, institutions, ororganizations.

(b) EQUAL EXPENDITURES.—(1) IN GENERAL.—Expenditures for programs under subsection (a) shall be

equal (consistent with the number of children to be served) to expenditures forprograms under this part for children enrolled in the public schools of the localeducational agency.

(2) CONCENTRATED PROGRAMS.—Taking into account the needs of theindividual children and other factors that relate to the expenditures referred toin paragraph (1), and when funds available to a local educational agency underthis part are used to concentrate programs on a particular group, attendancearea, or grade or age level, children enrolled in private schools who are includedwithin the group, attendance area, or grade or age level selected for suchconcentration shall, after consultation with the appropriate private schoolofficials, be assured equitable participation in the purposes and benefits of suchprograms.

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(c) ADMINISTRATIVE REQUIREMENTS.—(1) FUNDS AND PROPERTY.—The control of funds provided under this part,

and title to materials, equipment, and property repaired, remodeled, or con-structed with such funds, shall be in a public agency for the uses and purposesprovided in this part, and a public agency shall administer such funds andproperty.

(2) PROVISION OF SERVICES.—Services provided under this part shall beprovided by employees of a public agency or through contract by such a publicagency with a person, association, agency, or corporation that, in the provisionof such services, is independent of the private school and of any religiousorganizations, and such employment or contract shall be under the control andsupervision of such a public agency. The funds provided under this part shallnot be commingled with State or local funds.

(d) WAIVER.—(1) STATE PROHIBITION.—If a State educational agency or local educational

agency is prohibited, by reason of any provision of law, from providing for theparticipation in programs of children enrolled in private elementary schoolsand secondary schools as required by subsections (a) through (c), the Secretaryshall waive such requirements for the agency involved and shall arrange for theprovision of services to such children through arrangements that shall besubject to the requirements of this section.

(2) FAILURE TO COMPLY.—If the Secretary determines that a State educa-tional agency or a local educational agency has substantially failed, or isunwilling, to provide for the participation on an equitable basis of childrenenrolled in private elementary schools and secondary schools as required bysubsections (a) through (c), the Secretary may waive such requirements andshall arrange for the provision of services to such children through arrange-ments that shall be subject to the requirements of this section.

(e) WITHHOLDING OF ALLOTMENT OR ALLOCATION.— Pending final resolu-tion of any investigation or complaint that could result in a waiver under subsection(d)(1) or (d)(2), the Secretary may withhold from the allotment or allocation of theaffected State educational agency or local educational agency the amount estimated bythe Secretary to be necessary to pay the cost of services to be provided by the Secretaryunder such subsection.

(f) DURATION OF DETERMINATION.—Any determination by the Secretary underthis section shall continue in effect until the Secretary determines that there will nolonger be any failure or inability on the part of the State educational agency or localeducational agency to meet the requirements of subsections (a) through (c).

(g) PAYMENT FROM STATE ALLOTMENT.—When the Secretary arranges forservices under subsection (d), the Secretary shall, after consultation with the appropriatepublic school and private school officials, pay the cost of such services, including theadministrative costs of arranging for those services, from the appropriate allotment ofthe State educational agency under this part.

(h) REVIEW OF DETERMINATION.—(1) WRITTEN OBJECTIONS.—The Secretary shall not take any final action

under this section until the State educational agency and the local educationalagency affected by such action have had an opportunity, for not less than 45days after receiving written notice thereof, to submit written objections and toappear before the Secretary or the Secretary’s designee to show cause why thataction should not be taken.

(2) COURT ACTION.—If a State educational agency or local educational agencyis dissatisfied with the Secretary’s final action after a proceeding under

Private School

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paragraph (1), such agency may, not later than 60 days after notice of suchaction, file with the United States court of appeals for the circuit in which suchState is located a petition for review of that action. A copy of the petition shallbe transmitted by the clerk of the court to the Secretary. The Secretarythereupon shall file in the court the record of the proceedings on which theSecretary based the action, as provided in section 2112 of title 28, United StatesCode.

(3) REMAND TO SECRETARY.—The findings of fact by the Secretary withrespect to a proceeding under paragraph (1), if supported by substantialevidence, shall be conclusive. The court, for good cause shown, may remandthe case to the Secretary to take further evidence and the Secretary may makenew or modified findings of fact and may modify the Secretary’s previousaction, and shall file in the court the record of the further proceedings. Such newor modified findings of fact shall likewise be conclusive, if supported bysubstantial evidence.

(4) COURT REVIEW.—Upon the filing of a petition under paragraph (2), thecourt shall have jurisdiction to affirm the action of the Secretary or to set suchaction aside, in whole or in part. The judgment of the court shall be subject toreview by the Supreme Court upon certiorari or certification, as provided insection 1254 of title 28, United States Code.

(i) PRIOR DETERMINATION.—Any bypass determination by the Secretary undertitle VI (as such title was in effect on the day preceding the date of enactment of the NoChild Left Behind Act of 2001) shall, to the extent consistent with the purposes of thispart, apply to programs under this part.

On August 28, 2002, the USDE issued final guidance on Title V, Part A. Key questionsand answers relating to private schools are as follows:

F. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE, NONPROFITSCHOOLS

F-1. How may private school children receive services under Title V-A?

An LEA must provide Title V-A services to children enrolled in a private, nonprofitschool within the LEA if, after consultation with private school officials, the officials ofthe private school indicate that they wish the children in that school to participate. TheLEA must contact the private schools within the LEA annually to determine whichschools wish their children to participate. The LEA must consult with the officials ofinterested private schools in a timely and meaningful manner to determine the needs ofthe children, the types of Title V-A services that will be provided, and how those serviceswill be provided. The LEA provides those services on an equitable basis to thosechildren whether or not the services are the same Title V-A services the LEA providesto the public school children. The expenditures for such services, however, shall beequal (consistent with the number of children served) to Title V-A services provided topublic school children. LEAs pay the cost of administering Title V-A services for publicand private school students “off the top” of their allocations, before calculating howmuch of the Title V-A funds are to be made available for services for public and privateschool students. [Section 5142(a) and (b)].

F-2. What administrative requirements apply regarding the provision of services toprivate school children?

The services, materials, and equipment that an LEA provides for the benefit ofparticipating private school students must be secular, neutral, and nonideological. Thecontrol of Title V-A funds and the title to any equipment and materials purchased with

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those funds must remain in a public agency (usually the LEA). No Title V-A funds maybe paid to any private school, and the title to equipment and materials may not betransferred to any private school. Title V-A services must be provided by a public agencyeither directly or through a contractor. Any contractor must be a person or an association,agency, or corporation who or that, in the provision of the Title V-A services, isindependent of the private school and any religious organization. A public agency mustsupervise and have ultimate control over any contractor hired to provide Title V-Aservices. Finally, Title V-A services for private school students must supplement, andin no case supplant, the level of services that would be available to participating studentsand educational personnel in the private schools in the absence of the Title V-A funds[Sections 5142(a)(1)(A) and (c)].

F-3. How may an LEA ensure that Title V-A services are provided in a proper mannerfor the benefit of private school students and personnel?

LEAs should implement safeguards and procedures to ensure that Title V-A funds areused properly for private school children.

First, private school officials should be fully informed of and agree to the limitations onthe use of any equipment and materials located in the private school. LEAs should obtainfrom the appropriate private school official a written assurance that any equipment andmaterials placed in the private school will be used only for secular, neutral, andnonideological purposes; that private school personnel will be informed as to theselimitations; and that the equipment and materials will supplement, and in no casesupplant, the equipment and materials that, in the absence of the Title V-A program,would have been made available for the participating students.

Second, the LEA is responsible for ensuring that any equipment and materials placed inthe private school are used only for proper purposes. The LEA should determine that anyTitle V-A materials, such as library books and computer software, are secular, neutral,and nonideological. A good benchmark for this review is that the equipment andmaterials would be appropriate for use in public schools. The LEA should mark allequipment and materials purchased with Title V-A funds so that they are clearlyidentifiable as Title V-A property of the LEA. The LEA also should maintain an up-to-date inventory of all Title V-A equipment and materials provided for the benefit ofprivate school students. It is also a helpful practice for private schools to maintain logsto document the use of Title V-A equipment and materials located in their schools. TheLEA also should perform periodic on-site monitoring of the use of the equipment andmaterials. The monitoring could include on-the-spot checks of the use of the equipmentand materials, discussions with private school officials, and a review of any logsmaintained.

Third, the LEA should designate one public school official to oversee Title V-A servicesfor private school students and ensure that services, materials and equipment providedfor these students are secular, neutral, and nonideological. The designated official alsoshould be responsible for receiving and handling any complaints or allegations that TitleV-A funds are being used for improper activities for private school students.

Finally, LEAs need to ensure that if any violations occur, they are corrected at once. AnLEA must remove materials and equipment from a private school immediately ifremoval is needed to avoid an unauthorized use.

F-4. May private school children and personnel receive services under any Title V-A innovative program area?

If Title V-A funds are used to provide services for children enrolled in private, nonprofitschools, these services must primarily benefit the children, not the private schools. This


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means that the funds must be used to meet specific needs of students enrolled in theprivate schools, rather than the needs of the private schools themselves or the generalneeds of the students enrolled in the private schools. (See section 76.658 of theEducation Department General Administrative Regulations (EDGAR)).

In working with private schools to decide what Title V-A programs and activities willbe carried out for children and personnel in those schools, LEAs must ensure that theprograms and activities are supplemental in nature and will meet the specific needs ofthe children enrolled in the schools. For example, LEAs may not use funds for class-sizereduction purposes in a private school [Section 5131(a)(1)]. This use of funds, whichwould involve hiring teachers for private school classrooms, would meet the needs of theprivate schools themselves, as well as the general needs of the students enrolled in theschools, rather than the specific needs of those students. However, LEAs may use fundsto provide professional development activities for teachers in private schools [Section5131(a)(2)].

There are several innovative assistance programs that, by their nature, cannot be carriedout in a private school. These include (1) the planning, design, and initial implementa-tion of charter schools [Section 5131(a)(8)]; (2) activities to promote, implement, orexpand public school choice [Section 5131(a)(12)]; and (3) programs to implement theunsafe school choice policy in section 9532 [Section 5131(a)(25)].

For all other innovative assistance programs, particularly those involving educationreform or school improvement activities, LEAs must evaluate closely whether theactivities proposed to be carried out in a private school will primarily benefit the childrenenrolled in the school or the school itself. If the latter, then the LEA may not permit thatactivity or program to be implemented in the private school. In some instances, aprogram or activity that primarily benefits the private school’s students (because itaddresses specific, rather than general, needs of the students) will also incidentallybenefit the school. The LEA may permit a program or activity of this type to be carriedout in the private school. Again, under the regulations in EDGAR, the key in determiningif particular services may be provided to students in a private school is whether thoseservices will meet specific needs of students enrolled in the school, rather than theirgeneral needs or the needs of the school itself. This does not preclude an incidentalbenefit to the private school. However, LEAs must be careful in this determination andmay not authorize any services whose purpose is to benefit the general needs of theprivate school or its students.

F-5. How does an SEA calculate the amount of funds to be distributed to the LEAs?

The funds allocated to LEAs are based on the relative enrollments of the total of thenumber of children enrolled in public schools and the number of children enrolled inprivate, non-profit schools that participated in the program for the fiscal year precedingthe fiscal year for which the determination is made. (See question C-1.)

F-6. What are the obligations of LEAs to private schools that did not participate inTitle V-A programs in the preceding year?

The LEA has the obligation to contact, on an annual basis, appropriate officials fromprivate, nonprofit schools within the LEA to determine whether such schools desire thattheir students participate in Title V-A programs. This must be done for schools that didand did not participate in the program during the previous year. Once a school agreeson behalf of its students to participate, the enrollment of those students is considered inthe calculation of relative enrollment for the LEA for the following year. The methodfor calculating funds does not diminish the responsibilities of the LEA under section5142.


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(continued)

F-7. What happens if an LEA chooses not to participate in the Title V-A program?

If no program is carried out in the LEA, the SEA shall make arrangements, such asthrough contracts with nonprofit agencies or organizations, under which children inprivate schools in the LEA are provided with services and materials to the same extentas would have occurred if the LEA had received funds.

F-8. Would it be beneficial for SEAs and LEAs, in working with private schoolofficials in implementing Title V-A, to create Non-Public School Working Groups?

Some SEAs and LEAs have created Non-Public School Working Groups, made up ofrepresentatives from the full spectrum of private schools, and have found that suchgroups facilitate consultation between public and private school officials and theeffective implementation of programs and services for private school students andteachers. Such groups meet on a regular basis, and smooth the progress of Federaleducation program implementation for private school students and teachers.

Innovative Programs:http://www.ed.gov/offices/OESE/SIP/programs/ieps.html

Legislation, Regulation, and Guidance for NCLBA:http://www.ed.gov/offices/OESE/asst.htm


http://www.ed.gov/offices/OESE/SIP/programs/ieps.html



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The purpose of Title V, Part D, Subpart 3 is to provide eligible entities with funds todesign and implement character education programs that:

(A) are able to be integrated into classroom instruction and to be consistent withState academic content standards; and

(B) are able to be carried out in conjunction with other educational reform efforts.(Sec. 5431(a)(1))

In FY 2002, $25 million is available for the USDE to award grants on a competitive basisto eligible entities (states and school districts in possible partnership with nonprofitorganizations). The USDE may reserve up to 5 percent of the funds for nationalactivities.

Each eligible entity awarded a grant may select the elements of character that will betaught under the program, including such elements as caring, civic virtue and citizen-ship, justice and fairness, respect, responsibility, trustworthiness, giving, or any otherelement deemed appropriate by the eligible entity (Sec. 5431(c)).

Sec. 5431(g) reads as follows:

PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.—Eacheligible entity that receives a grant under this section shall provide, to the extent feasibleand appropriate, for the participation in programs and activities under this section ofstudents and teachers in private elementary schools and secondary schools.

Character Education:http://www.ed.gov/offices/OERI/ORAD/fie.html



Character Education

Purpose

Funding

Key Provisions


Private School

Participation

http://www.ed.gov/offices/OERI/ORAD/fie.html




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The purpose of Title V, Part D, Subpart 6 is to initiate a coordinated program ofscientifically based research, demonstration projects, innovative strategies, and similaractivities designed to build and enhance the ability of elementary schools and secondaryschools nationwide to meet the special educational needs of gifted and talented students(Sec. 5462).

In FY 2002, the USDE will award $8.8 million in grants on a competitive basis to stateeducation agencies, local education agencies, institutions of higher education, otherpublic agencies, and other private agencies and organizations (Sec. 5464(a)(1)).

According to the USDE, “the program will fund two sets of grants this fiscal year: oneset will support research and development efforts to develop proven models foreconomically disadvantaged and minority students who are gifted and talented; and, theother will support state and local efforts to improve services for gifted and talentedstudents” (USDE Web site: http://www.ed.gov/offices/OESE/Javits/grant-info.html).

Sec. 5466(a) reads as follows:

PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS.—Inmaking grants and entering into contracts under this subpart, the Secretary shall ensure,where appropriate, that provision is made for the equitable participation of students andteachers in private nonprofit elementary schools and secondary schools, including theparticipation of teachers and other personnel in professional development programsserving such students.

Javits Gifted and Talented Students Education Program:http://www.ed.gov/offices/OESE/Javits/index.html



Gifted and Talented Students

Purpose

Funding

Key Provisions


Private School

Participation

http://www.ed.Gov/offices/OESE/Javits/grant-info.html

http://www.ed.gov/offices/OESE/Javits/index.html



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The purpose of Title V, Part D, Subpart 10 is to award grants and contracts to initiate,expand, and improve physical education programs for all kindergarten through 12th-grade students (Section 5502).

In FY 2002, the USDE will award $50 million in grants on a competitive basis to schooldistricts and community based organizations (Sec. 5503(a)).

Grants must be used in connection with the costs of initiating, expanding, and improvingphysical education programs (including after-school programs) for kindergarten through12th-grade students by (1) providing equipment and support to enable students toparticipate actively in physical education activities, and (2) providing funds for staff andteacher training and education (Sec. 5503(a)).

Sec. 5504(b) reads as follows:

PRIVATE SCHOOL AND HOME-SCHOOLED STUDENTS.—An application forfunds under this subpart may provide for the participation, in the activities funded underthis subpart, of (1) students enrolled in private nonprofit elementary schools orsecondary schools, and their parents and teachers, or (2) home-schooled students, andtheir parents and teachers.

Carol M. White Physical Education Program:http://www.ed.gov/offices/OESE/SDFS/pep.html



Physical Education

Purpose

Funding

Key Provisions


Private School

Participation

http://www.ed.gov/offices/OESE/SDFS/pep.html




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The purpose of Title V, Part D, Subpart 19 is to award grants to state education agencies,which in turn award grants to school districts to pay for capital expenses incurred inproviding equitable services for private school students under Title I (Sec. 5592).

In FY 2002, no funds were appropriated for this program, in effect rendering the programineffectual.

Grants can be used to cover (1) expenditures for non-instructional goods and services,such as the purchase, lease, or renovation of real and personal property, including mobileeducational units and leasing of neutral sites or spaces; (2) insurance and maintenancecosts; (3) transportation; and (4) other comparable goods and services (Section 5595).

The authority for this program terminates effective October 1, 2003 (Section 5596).

The sole purpose of the program is to cover the costs of capital expenses incurred inproviding equitable services for private school students under Title I (Section 5592).

Capital Expenses:http://www.ed.gov/offices/OESE/CEP/psgrant.html



Grants for Capital Expenses

Purpose

Key Provisions

Funding

Private School

Participation


http://www.ed.gov/offices/OESE/CEP/psgrant.html




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The purposes of Title V, Part D, Subpart 21 are: (1) to promote gender equity ineducation in the United States; (2) to provide financial assistance to enable educationalagencies and institutions to meet the requirements of Title IX of the EducationalAmendments of 1972; and (3) to promote equity in education for women and girls whosuffer from multiple forms of discrimination based on sex, race, ethnic origin, limitedEnglish proficiency, disability, or age (Sec. 5612).

In FY 2002, the USDE plans to distribute $842,000 through four to seven competitivegrants to eligible entities. Eligible entities are public agencies, private nonprofitagencies, organizations, institutions, student groups, community groups, and individu-als (Sec. 5613(b)(1).

To the extent feasible, the USDE is supposed to ensure that grants awarded address (1)all levels of education, including preschool, elementary and secondary education, highereducation, vocational education, and adult education; (2) all regions of the United States;and (3) urban, rural, and suburban educational institutions (Sec. 5615(c).

Private schools and private school organizations are eligible applicants for these grants.

Women’s Educational Equity:http://www.ed.gov/offices/OESE/SIP/programs/weeap.html



Women’s Educational Equity Act

Purpose

Key Provisions

Funding

Private School

Participation


http://www.ed.gov/offices/OESE/SIP/programs/weeap.html



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The purposes of Title VI, Part A, Subpart 2 are to allow states and local educationalagencies the flexibility (1) to target federal funds to federal programs that mosteffectively address the unique needs of states and localities; and (2) to transfer federalfunds allocated to other activities to allocations for certain activities authorized underTitle I (Sec. 6122).

No funds are allocated, since the program merely allows states and school districts theflexibility to transfer a portion of federal funds from one program to another.

A document prepared by Congressional staff summarizes the program as follows:

State Authority – Allows a State to transfer up to 50 percent of the funds it receives forState administration and State-level activities under the Teacher Quality State Grants,Educational Technology, Innovative Programs, Safe and Drug-Free Schools (includingfunds reserved for the Governor’s Program with the consent of the Governor), and 21stCentury Community Learning Centers programs to supplement its State reservationunder any of the programs listed above. In addition, a State may use the transferred fundsto carry out State-level activities authorized under Part A of Title I.

Requires each State transferring funds to: (1) notify the Department, at least 30 days priorto the transfer, of its intent to transfer funds; (2) modify each State plan affected by thetransfer; and (3) provide the Department, not later than 30 days after the transfer, witha copy of the modified plans.

LEA Authority – Allows an LEA that has not been identified as in need of improvementor corrective action under Title I to transfer up to 50 percent of its formula allocationunder the Teacher Quality State Grants, Educational Technology State Grants, Innova-tive Programs, or Safe and Drug-Free Schools programs to supplement its allocationunder any of the programs listed above. It also may use the funds to supplement its TitleI allocation.

An LEA identified as in need of improvement may transfer up to 30 percent of itsallocation for the programs listed above only if it transfers the funds to: (1) supplementits school improvement allocation; or (2) carry out Title I LEA improvement activities.An LEA identified as in need of corrective action may not transfer any funds.

Requires each LEA transferring funds to: (1) notify the SEA, at least 30 days prior to thetransfer, of its intent to transfer funds; (2) modify each local plan affected by the transfer;and (3) provide the SEA, not later than 30 days after the transfer, with a copy of themodified plans.


Funding Transferability for State and Local

Educational Agencies

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Key Provisions

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Each state educational agency or local educational agency that transfers funds under thissection must conduct consultations with appropriate private school officials in accor-dance with Section 9501 if such transfer transfers funds from a program that providesfor the participation of students, teachers, or other educational personnel from privateschools (Sec. 6123(e)(2)).

On October 4, 2002, the USDE issued draft guidance on transferability (see link below).Here is a key question relating to private schools:

I-C-2. How do requirements relating to the equitable participation of privateschool students and staff apply to funds that an SEA is considering to transfer?

Each of the programs covered by the SEA transferability authority is subject to theequitable participation requirements. Thus, before an SEA may transfer any funds, itmust engage in timely and meaningful consultation with officials representing the fullspectrum of private schools in the State. (See the provision in section 5142(a) regardingequitable participation with respect to instructional or training programs funded by theSEA from Title V, Part A funds that are made available for SEA use. The other programsare subject to the general ESEA equitable participation requirements in Title IX of theESEA.)

With respect to the transferred funds, private school students and teachers will receiveequitable services from the SEA under the programs to which the funds are transferred.

An SEA may not transfer funds to a particular program solely to provide services forprivate school students and/or teachers. Rather, the SEA provides equitable services toprivate school students and teachers from the overall funds of a program, including thetransferred funds.

Example – SEA Consultation with Private School Officials: Taking into consider-ation the needs of private school students and teachers, prior to making a final decisionon whether to transfer funds, the SEA consults with private school officials on whichfunds it is considering to transfer and the programs to which it would transfer the funds.

[A similar question (II-C-2) relates to the obligations of school districts to consult withprivate school officials prior to making a final decision on whether to transfer funds.]

Flexibility and Waivershttp://www.ed.gov/flexibility/


Private School

Participation


Transferability

Guidance

http://www.ed.gov/flexibility/



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The purpose of Title VI, Part A, Subpart 3 is to give up to seven state educational agenciesand up to 80 school districts greater flexibility in determining how to use federal fundsto improve student achievement.

No funds are allocated, since the program merely grants flexibility authority over the useof federal education funds to select state educational agencies and school districts.

A USDE Web page (http://www.ed.gov/flexibility/) summarizes the program as fol-lows:

The State Flexibility Authority program (State-Flex) is a new program that authorizesthe Secretary to grant flexibility authority to up to seven eligible state educationalagencies (SEAs). With this authority, an SEA may (1) consolidate and use certain federalfunds reserved for state administration and state-level activities for any educationalpurpose authorized under the ESEA; (2) specify how local educational agencies (LEAs)in the state use Innovative Program funds under Part A of Title V; and (3) enter intoperformance agreements with four to ten LEAs in the state, permitting those LEAs toconsolidate certain federal funds and to use those funds for any ESEA purpose consistentwith the SEA’s State-Flex plan. (Note that “State-Flex” is different than “Ed-Flex,”which is a separate program that authorizes the Secretary to delegate waiver authorityto eligible SEAs).

The Local Flexibility Demonstration Program (Local-Flex) is a new flexibility programthat authorizes the Secretary to enter into local flexibility demonstration agreementswith a total of up to 80 local educational agencies (LEAs) in states that do not have State-Flex authority. Consistent with the purposes of the program, Local-Flex LEAs mayconsolidate and use certain federal funds for any educational purpose authorized underthe ESEA. Unlike the LEA performance agreements under State-Flex (which arebetween SEAs and LEAs), the flexibility agreements under Local-Flex are directlybetween the Secretary and LEAs.

State-Flex: In its application for flexibility authority, a state educational agency mustprovide an assurance that, in consolidating and using funds under the grant of authority(1) the state educational agency, and the local educational agencies with which the stateeducational agency enters into performance agreements, will provide for the equitableparticipation of students and professional staff in private schools consistent with section9501; and (2) that sections 9502, 9503, and 9504 shall apply to all services and assistanceprovided with such funds in the same manner as such sections apply to services andassistance provided in accordance with section 9501 (Sec. 6141(c)(1)(K)).

Local-Flex: The local flexibility demonstration agreement between the school districtand the Secretary of Education must contain an assurance by the school district (1) thatit will provide for the equitable participation of students and professional staff in privateschools consistent with section 9501; and (2) that sections 9502, 9503, and 9504 shallapply to all services and assistance provided with such funds in the same manner as such


State and Local Flexibility Demonstration

Purpose

Key Provisions

Funding

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sections apply to services and assistance provided in accordance with section 9501 (Sec.6151 (c)(8)).

Flexibility and Waivers:http://www.ed.gov/flexibility/






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For private schools, one of the most important provisions in the No Child Left Behind Actis Title IX, Part E, Subpart 1, the Uniform Provisions on Private Schools. The provisionsdescribe the conditions that state educational agency, a school district, or other serviceproviders must meet in providing services under the NCLBA to children and teachersin private schools. The section applies to the following programs:

Reading First (Title I, Part B, Subpart 1)Even Start Family Literacy Programs (Title I, Part B, Subpart 3)Education of Migratory Children (Title I, Part C)Teacher and Principal Training and Recruiting Fund (Title II, Part A)Mathematics and Science Partnerships (Title II, Part B)Enhancing Education Through Technology (Ed Tech) (Title II, Part D)English Language Acquisition, Language Enhancement, and Academic Achieve-

ment (Title III, Part A)Safe and Drug-Free Schools and Communities (Title IV, Part A)21st Century Community Learning Centers (Title IV, Part B)

Certain other programs in the NCLBA (e.g., Title I and Title V, Part A) have their ownspecific requirements relating to private schools.

Because of the significance of this section, we provide it herewith in its entirety.

SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN ANDTEACHERS.

(a) PRIVATE SCHOOL PARTICIPATION-

(1) IN GENERAL- Except as otherwise provided in this Act, to the extent consistentwith the number of eligible children in areas served by a State educational agency,local educational agency, educational service agency, consortium of those agen-cies, or another entity receiving financial assistance under a program specified insubsection (b), who are enrolled in private elementary schools and secondaryschools in areas served by such agency, consortium, or entity, the agency, consor-tium, or entity shall, after timely and meaningful consultation with appropriateprivate school officials provide to those children and their teachers or othereducational personnel, on an equitable basis, special educational services or otherbenefits that address their needs under the program.

(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR BEN-EFITS- Educational services or other benefits, including materials and equipment,provided under this section, shall be secular, neutral, and nonideological.

(3) SPECIAL RULE- Educational services and other benefits provided under thissection for private school children, teachers, and other educational personnel shallbe equitable in comparison to services and other benefits for public school children,teachers, and other educational personnel participating in the program and shall beprovided in a timely manner.

Title IX, Part E, Subpart 1:

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(4) EXPENDITURES- Expenditures for educational services and other benefitsprovided under this section for eligible private school children, their teachers, andother educational personnel serving those children shall be equal, taking intoaccount the number and educational needs of the children to be served, to theexpenditures for participating public school children.

(5) PROVISION OF SERVICES- An agency, consortium, or entity described insubsection (a)(1) of this section may provide those services directly or throughcontracts with public and private agencies, organizations, and institutions.

(b) APPLICABILITY-

(1) IN GENERAL- This section applies to programs under —

(A) subparts 1 and 3 of part B of title I;(B) part C of title I;(C) part A of title II, to the extent provided in paragraph (3);(D) part B of title II;(E) part D of title II;(F) part A of title III;(G) part A of title IV; and(H) part B of title IV.

(2) DEFINITION- For the purpose of this section, the term eligible children’ meanschildren eligible for services under a program described in paragraph (1).

(3) APPLICATION-

(A) Except as provided in subparagraph (B), this subpart, including subsection(a)(4), applies to funds awarded to a local educational agency under part A oftitle II only to the extent that the local educational agency uses funds under thatpart to provide professional development to teachers and others.

(B) Subject to subparagraph (A), the share of the local educational agency’ssubgrant under part A of title II that is used for professional development andsubject to a determination of equitable expenditures under subsection (a)(4)shall not be less than the aggregate share of that agency’s awards that were usedfor professional development for fiscal year 2001 under section 2203(1)(B) (assuch section was in effect on the day preceding the date of enactment of the NoChild Left Behind Act of 2001) and section 306 of the Department of EducationAppropriations Act, 2001.

(c) CONSULTATION-(1) IN GENERAL- To ensure timely and meaningful consultation, a State educa-tional agency, local educational agency, educational service agency, consortium ofthose agencies, or entity shall consult with appropriate private school officialsduring the design and development of the programs under this Act, on issues suchas —

(A) how the children’s needs will be identified;(B) what services will be offered;(C) how, where, and by whom the services will be provided;(D) how the services will be assessed and how the results of the assessment willbe used to improve those services;(E) the size and scope of the equitable services to be provided to the eligibleprivate school children, teachers, and other educational personnel and theamount of funds available for those services; and


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(F) how and when the agency, consortium, or entity will make decisions aboutthe delivery of services, including a thorough consideration and analysis of theviews of the private school officials on the provision of contract servicesthrough potential third-party providers.

(2) DISAGREEMENT- If the agency, consortium, or entity disagrees with theviews of the private school officials on the provision of services through a contract,the agency, consortium, or entity shall provide to the private school officials awritten explanation of the reasons why the local educational agency has chosen notto use a contractor.

(3) TIMING- The consultation required by paragraph (1) shall occur before theagency, consortium, or entity makes any decision that affects the opportunities ofeligible private school children, teachers, and other educational personnel toparticipate in programs under this Act, and shall continue throughout the implemen-tation and assessment of activities under this section.

(4) DISCUSSION REQUIRED- The consultation required by paragraph (1) shallinclude a discussion of service delivery mechanisms that the agency, consortium,or entity could use to provide equitable services to eligible private school children,teachers, administrators, and other staff.

(d) PUBLIC CONTROL OF FUNDS-

(1) IN GENERAL- The control of funds used to provide services under this section,and title to materials, equipment, and property purchased with those funds, shall bein a public agency for the uses and purposes provided in this Act, and a public agencyshall administer the funds and property.

(2) PROVISION OF SERVICES-

(A) IN GENERAL- The provision of services under this section shall beprovided —

(i) by employees of a public agency; or

(ii) through contract by the public agency with an individual, association,agency, organization, or other entity.

(B) INDEPENDENCE; PUBLIC AGENCY- In the provision of those ser-vices, the employee, person, association, agency, organization, or other entityshall be independent of the private school and of any religious organization, andthe employment or contract shall be under the control and supervision of thepublic agency.

(C) COMMINGLING OF FUNDS PROHIBITED- Funds used to provideservices under this section shall not be commingled with non-Federal funds.

SEC. 9502. STANDARDS FOR BY-PASS.

(a) IN GENERAL- If, by reason of any provision of law, a State educational agency,local educational agency, educational service agency, consortium of those agencies, orother entity is prohibited from providing for the participation in programs of childrenenrolled in, or teachers or other educational personnel from, private elementary schoolsand secondary schools, on an equitable basis, or if the Secretary determines that theagency, consortium, or entity has substantially failed or is unwilling to provide for thatparticipation, as required by section 9501, the Secretary shall —


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(1) waive the requirements of that section for the agency, consortium, or entity;and

(2) arrange for the provision of equitable services to those children, teachers,or other educational personnel through arrangements that shall be subject to therequirements of this section and of sections 9501, 9503, and 9504.

(b) DETERMINATION- In making the determination under subsection (a), the Secre-tary shall consider one or more factors, including the quality, size, scope, and locationof the program, and the opportunity of private school children, teachers, and othereducational personnel to participate in the program.

SEC. 9503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOLCHILDREN.

(a) PROCEDURES FOR COMPLAINTS- The Secretary shall develop and implementwritten procedures for receiving, investigating, and resolving complaints from parents,teachers, or other individuals and organizations concerning violations of section 9501by a State educational agency, local educational agency, educational service agency,consortium of those agencies, or entity. The individual or organization shall submit thecomplaint to the State educational agency for a written resolution by the State educa-tional agency within a reasonable period of time.

(b) APPEALS TO SECRETARY- The resolution may be appealed by an interestedparty to the Secretary not later than 30 days after the State educational agency resolvesthe complaint or fails to resolve the complaint within a reasonable period of time. Theappeal shall be accompanied by a copy of the State educational agency’s resolution, anda complete statement of the reasons supporting the appeal. The Secretary shall investi-gate and resolve the appeal not later than 120 days after receipt of the appeal.

SEC. 9504. BY-PASS DETERMINATION PROCESS.

(a) REVIEW-(1) IN GENERAL-

(A) WRITTEN OBJECTIONS- The Secretary shall not take any final actionunder section 9502 until the State educational agency, local educationalagency, educational service agency, consortium of those agencies, or entityaffected by the action has had an opportunity, for not less than 45 days afterreceiving written notice thereof, to submit written objections and to appearbefore the Secretary to show cause why that action should not be taken.

(B) PRIOR TO REDUCTION- Pending final resolution of any investigation orcomplaint that could result in a determination under this section, the Secretarymay withhold from the allocation of the affected State educational agency orlocal educational agency the amount estimated by the Secretary to be necessaryto pay the cost of those services.

(2) PETITION FOR REVIEW-

(A) PETITION- If the affected agency, consortium, or entity is dissatisfied withthe Secretary’s final action after a proceeding under paragraph (1), the agency,consortium, or entity may, within 60 days after notice of that action, file withthe United States court of appeals for the circuit in which the State is locateda petition for review of that action.

(B) TRANSMISSION- A copy of the petition shall be forthwith transmitted by


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the clerk of the court to the Secretary.

(C) FILING- The Secretary, upon receipt of the copy of the petition, shall filein the court the record of the proceedings on which the Secretary based theaction, as provided in section 2112 of title 28, United States Code.

(3) FINDINGS OF FACT-

(A) IN GENERAL- The findings of fact by the Secretary, if supported bysubstantial evidence, shall be conclusive, but the court, for good cause shown,may remand the case to the Secretary to take further evidence and the Secretarymay then make new or modified findings of fact and may modify theSecretary’s previous action, and shall file in the court the record of the furtherproceedings.

(B) NEW OR MODIFIED FINDINGS- Any new or modified findings of factshall likewise be conclusive if supported by substantial evidence.

(4) JURISDICTION-

(A) IN GENERAL- Upon the filing of a petition, the court shall havejurisdiction to affirm the action of the Secretary or to set the action aside, inwhole or in part.

(B) JUDGMENT- The judgment of the court shall be subject to review by theSupreme Court of the United States upon certiorari or certification as providedin section 1254 of title 28, United States Code.

(b) DETERMINATION- Any determination by the Secretary under this section shallcontinue in effect until the Secretary determines, in consultation with that agency,consortium, or entity and representatives of the affected private school children,teachers, or other educational personnel, that there will no longer be any failure orinability on the part of the agency, consortium, or entity to meet the applicablerequirements of section 9501 or any other provision of this Act.

(c) PAYMENT FROM STATE ALLOTMENT- When the Secretary arranges forservices pursuant to this section, the Secretary shall, after consultation with theappropriate public and private school officials, pay the cost of those services, includingthe administrative costs of arranging for those services, from the appropriate allocationor allocations under this Act.

(d) PRIOR DETERMINATION- Any by-pass determination by the Secretary underthis Act as in effect on the day preceding the date of enactment of the No Child LeftBehind Act of 2001 shall remain in effect to the extent the Secretary determines that thatdetermination is consistent with the purpose of this section.

SEC. 9505. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIPOR INSTRUCTION.

Nothing contained in this Act shall be construed to authorize the making of any paymentunder this Act for religious worship or instruction.

SEC. 9506. PRIVATE, RELIGIOUS, AND HOME SCHOOLS.

(a) APPLICABILITY TO NONRECIPIENT PRIVATE SCHOOLS- Nothing in thisAct shall be construed to affect any private school that does not receive funds or servicesunder this Act, nor shall any student who attends a private school that does not receive


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funds or services under this Act be required to participate in any assessment referencedin this Act. [See Note Below.]

(b) APPLICABILITY TO HOME SCHOOLS- Nothing in this Act shall be construed toaffect a home school, whether or not a home school is treated as a home school or aprivate school under State law, nor shall any student schooled at home be required toparticipate in any assessment referenced in this Act.

(c) RULE OF CONSTRUCTION ON PROHIBITION OF FEDERAL CONTROLOVER NONPUBLIC SCHOOLS- Nothing in this Act shall be construed to permit,allow, encourage, or authorize any Federal control over any aspect of any private,religious, or home school, whether or not a home school is treated as a private school orhome school under State law. This section shall not be construed to bar private, religious,or home schools from participation in programs or services under this Act.

(d) RULE OF CONSTRUCTION ON STATE AND LOCAL EDUCATIONALAGENCY MANDATES- Nothing in this Act shall be construed to require any Stateeducational agency or local educational agency that receives funds under this Act tomandate, direct, or control the curriculum of a private or home school, regardless orwhether or not a home school is treated as a private school under state law, nor shall anyfunds under this Act be used for this purpose.

[Note on Sec. 9506(a): A clause in this section states that if students attend privateschools that DO NOT receive funds or services under the act, those students ARE NOTrequired to participate in the assessment programs prescribed in the act. Some peoplehave fallaciously interpreted this clause to conclude that if students attend privateschools that DO receive funds or services under the act, they ARE required to participatein the assessment programs prescribed in the act. Not so. Regulations relating toassessments and private schools under Title I (34 CFR 200.10(a)) make clear that theTitle I assessment provisions do not apply to private schools. However, if a schooldistrict provides services under Title I to eligible private school students it must, throughconsultation with appropriate private school officials, determine how services to thoseparticular students will be academically assessed and what assessments will be used (34CFR 200.10(a)). The full text of Sec. 200.10 is provided in the appendix.]


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Sec. 200.10 Applicability of a State’s academic assessments to private schools andprivate school students.

(a) Nothing in Sec. 200.1 or Sec. 200.2 requires a private school, including a privateschool whose students receive services under subpart A of this part, to participate in aState’s academic assessment system.

(b) (1) If an LEA provides services to eligible private school students under subpart Aof this part, the LEA must, through timely consultation with appropriate private schoolofficials, determine how services to eligible private school students will be academicallyassessed and how the results of that assessment will be used to improve those services.

(2) The assessments referred to in paragraph (b)(1) of this section may be the State’sacademic assessments under Sec. 200.2 or other appropriate academic assessments.A State must develop challenging academic content and student academic achieve-ment standards.

§200.62 Responsibilities for providing services to private school children.

(a) After timely and meaningful consultation with appropriate officials of privateschools, an LEA must—

(1) In accordance with §§200.62 through 200.67 and section 1120 of the ESEA,provide special educational services or other benefits under subpart A of this part,on an equitable basis and in a timely manner, to eligible children who are enrolledin private elementary and secondary schools; and(2) Ensure that teachers and families of participating private school childrenparticipate on a basis equitable to the participation of teachers and families of publicschool children receiving these services in accordance with §200.65.

(b) (1) Eligible private school children are children who—(i) Reside in participating public school attendance areas of the LEA,regardless of whether the private school they attend is located in the LEA; and(ii) Meet the criteria in section 1115(b) of the ESEA.

(2) Among the eligible private school children, the LEA must select children toparticipate, consistent with §200.64.

(c) The services and other benefits an LEA provides under this section must be secular,neutral and nonideological.

§200.63 Consultation.

(a) In order to have timely and meaningful consultation, an LEA must consult withappropriate officials of private schools during the design and development of the LEA’sprogram for eligible private school children.

(b) At a minimum, the LEA must consult on the following:(1) How the LEA will identify the needs of eligible private school children.(2) What services the LEA will offer to eligible private school children.

Appendix 1:

Regulations Relating to Private School Participation

State Academic

Assessments and

Private Schools -

Final Regulations

(34 CFR 200.10)

Title I Services for

Private School

Students -

Final Regulations

(34 CFR 200.62-67)


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(3) How and when the LEA will make decisions about the delivery of services.(4) How, where, and by whom the LEA will provide services to eligible privateschool children.(5) How the LEA will assess academically the services to eligible private schoolchildren in accordance with §200.10, and how the LEA will use the results of thatassessment to improve Title I services.(6) The size and scope of the equitable services that the LEA will provide to eligibleprivate school children, and, consistent with §200.64, the proportion of funds thatthe LEA will allocate for these services.(7) The method or sources of data that the LEA will use under §200.78 to determinethe number of private school children from low-income families residing inparticipating public school attendance areas, including whether the LEA willextrapolate data if a survey is used.(8) The equitable services the LEA will provide to teachers and families ofparticipating private school children.

(c) (1) Consultation by the LEA must—(i) Include meetings of the LEA and appropriate officials of the private schools;and(ii) Occur before the LEA makes any decision that affects the opportunity ofeligible private school children to participate in Title I programs.

(2) The LEA must meet with officials of the private schools throughout theimplementation and assessment of the Title I services.

(d) (1) Consultation must include—(i) A discussion of service delivery mechanisms the LEA can use to provideequitable services to eligible private school children; and(ii) A thorough consideration and analysis of the views of the officials of theprivate schools on the provision of services through a contract with a third-party provider.

(2) If the LEA disagrees with the views of the officials of the private schools on theprovision of services through a contract, the LEA must provide in writing to theofficials of the private schools the reasons why the LEA chooses not to use acontractor.

(e) (1) The LEA must maintain in its records and provide to the SEA a writtenaffirmation, signed by officials of each private school with participating children orappropriate private school representatives, that the required consultation has occurred.

(2) If the officials of the private schools do not provide the affirmations within areasonable period of time, the LEA must submit to the SEA documentation that therequired consultation occurred.

(f) An official of a private school has the right to complain to the SEA that the LEA didnot—

(1) Engage in timely and meaningful consultation; or(2) Consider the views of the official of the private school.

§200.64 Factors for determining equitable participation of private school children.

(a) Equal expenditures.(1) Funds expended by an LEA under subpart A of this part for services for eligibleprivate school children in the aggregate must be equal to the amount of fundsgenerated by private school children from low-income families under paragraph(a)(2) of this section.(2) An LEA must meet this requirement as follows:

(i)(A) If the LEA reserves funds under §200.77 to provide instructional andrelated activities for public elementary or secondary school students at the


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district level, the LEA must also provide from those funds, as applicable,equitable services to eligible private school children.(B) The amount of funds available to provide equitable services from theapplicable reserved funds must be proportionate to the number of private schoolchildren from low-income families residing in participating public schoolattendance areas.(ii) The LEA must reserve the funds generated by private school children under§200.78 and, in consultation with appropriate officials of the private schools,may—(A) Combine those amounts, along with funds under paragraph (a)(2)(i) of thissection, if appropriate, to create a pool of funds from which the LEA providesequitable services to eligible private school children, in the aggregate, ingreatest need of those services; or(B) Provide equitable services to eligible children in each private school withthe funds generated by children from low-income families under §200.78 whoattend that private school.

(b) Services on an equitable basis.(1) The services that an LEA provides to eligible private school children must beequitable in comparison to the services and other benefits that the LEA provides topublic school children participating under subpart A of this part.(2) Services are equitable if the LEA—

(i) Addresses and assesses the specific needs and educational progress ofeligible private school children on a comparable basis as public school children;(ii) Meets the equal expenditure requirements under paragraph (a) of section;and(iii) Provides private school children with an opportunity to participate that—(A) Is equitable to the opportunity provided to public school children; and(B) Provides reasonable promise of the private school children achieving thehigh levels called for by the State’s student academic achievement standards orequivalent standards applicable to the private school children.

(3) (i) The LEA may provide services to eligible private school children eitherdirectly or through arrangements with another LEA or a third-party provider.

(ii) If the LEA contracts with a third-party provider—(A) The provider must be independent of the private school and of any religiousorganization; and(B) The contract must be under the control and supervision of the LEA.

(4) After timely and meaningful consultation under §200.63, the LEA must makethe final decisions with respect to the services it will provide to eligible privateschool children.

§200.65 Determining equitable participation of teachers and families of participat-ing private school children.

(a) (1) From applicable funds reserved for parent involvement and professionaldevelopment under §200.77, an LEA shall ensure that teachers and families of partici-pating private school children participate on an equitable basis in professional develop-ment and parent involvement activities, respectively.

(2) The amount of funds available to provide equitable services from the applicablereserved funds must be proportionate to the number of private school children fromlow-income families residing in participating public school attendance areas.

(b) After consultation with appropriate officials of the private schools, the LEA mustconduct professional development and parent involvement activities for the teachers andfamilies of participating private school children either—

(1) In conjunction with the LEA’s professional development and parent involve-ment activities; or


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(2) Independently.

(c) Private school teachers are not covered by the requirements in §200.56.

§200.66 Requirements to ensure that funds do not benefit a private school.

(a) An LEA must use funds under subpart A of this part to provide services thatsupplement, and in no case supplant, the services that would, in the absence of Title Iservices, be available to participating private school children.

(b) (1) The LEA must use funds under subpart A of this part to meet the specialeducational needs of participating private school children.

(2) The LEA may not use funds under subpart A of this part for—(i) The needs of the private school; or(ii) The general needs of children in the private school.

§200.67 Requirements concerning property, equipment, and supplies for thebenefit of private school children.

(a) The LEA must keep title to and exercise continuing administrative control of allproperty, equipment, and supplies that the LEA acquires with funds under subpart A ofthis part for the benefit of eligible private school children.

(b) The LEA may place equipment and supplies in a private school for the period of timeneeded for the program.

(c) The LEA must ensure that the equipment and supplies placed in a private school—(1) Are used only for Title I purposes; and(2) Can be removed from the private school without remodeling the private schoolfacility.

(d) The LEA must remove equipment and supplies from a private school if—(1) The LEA no longer needs the equipment and supplies to provide Title I services;or(2) Removal is necessary to avoid unauthorized use of the equipment or suppliesfor other than Title I purposes.

(e) The LEA may not use funds under subpart A of this part for repairs, minorremodeling, or construction of private school facilities.

§200.78 Allocation of funds to school attendance areas and schools.

(a) (1) An LEA must allocate funds under subpart A of this part to school attendanceareas and schools, identified as eligible and selected to participate under section 1113(a)or (b) of the ESEA, in rank order on the basis of the total number of children from low-income families in each area or school.

(2) (i) In calculating the total number of children from low-income families, theLEA must include children from low-income families who attend privateschools.(ii) To obtain a count of private school children, the LEA may—(A) Use the same poverty data the LEA uses to count public school children;(B)(1) Use comparable poverty data from a survey of families of private schoolstudents that, to the extent possible, protects the families’ identity; and(2) Extrapolate data from the survey based on a representative sample ifcomplete actual data are unavailable;(C) Use comparable poverty data from a different source, such as scholarship

Counting Private

School Students -

Final Regulations

(34 CFR 200.78)


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applications;(D) Apply the low-income percentage of each participating public schoolattendance area to the number of private school children who reside in thatschool attendance area; or (E) Use an equated measure of low income correlated with the measure of lowincome used to count public school children.(iii) An LEA may count private school children from low-income familiesevery year or every two years.(iv) After timely and meaningful consultation in accordance with §200.63, theLEA shall have the final authority in determining the method used to calculatethe number of private school children from low-income families;

(3) If an LEA ranks its school attendance areas and schools by grade span groupings,the LEA may determine the percentage of children from low-income families in theLEA as a whole or for each grade span grouping.

(b) (1) Except as provided in paragraphs (b)(2) and (d) of this section, an LEA mustallocate to each participating school attendance area or school an amount for eachlow-income child that is at least 125 percent of the per-pupil amount of funds theLEA received for that year under part A, subpart 2 of Title I. The LEA mustcalculate this per-pupil amount before it reserves funds under §200.77, using thepoverty measure selected by the LEA under section 1113(a)(5) of the ESEA.(2) If an LEA is serving only school attendance areas or schools in which thepercentage of children from low-income families is 35 percent or more, the LEA isnot required to allocate a per-pupil amount of at least 125 percent.

(c) An LEA is not required to allocate the same per-pupil amount to each participatingschool attendance area or school provided the LEA allocates higher per-pupil amountsto areas or schools with higher concentrations of poverty than to areas or schools withlower concentrations of poverty.

(d) An LEA may reduce the amount of funds allocated under this section to a schoolattendance area or school if the area or school is spending supplemental State or localfunds for programs that meet the requirements in §200.79(b).

(e) If an LEA contains two or more counties in their entirety, the LEA must distributeto schools within each county a share of the LEA’s total grant that is no less than thecounty’s share of the child count used to calculate the LEA’s grant.


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Appendix 2:

USDE’s Office of Non-Public Education Summary

THE NO CHILD LEFT BEHIND ACT OF 2001BENEFITS TO PRIVATE SCHOOL STUDENTS AND TEACHERS

U.S. DEPARTMENT OF EDUCATIONOFFICE OF NON-PUBLIC EDUCATION

AUGUST 2002

The No Child Left Behind Act of 2001

The Elementary and Secondary Education Act (ESEA), as reauthorized by the No ChildLeft Behind Act of 2001, provides benefits to private school students, teachers and othereducation personnel, including those in religiously affiliated schools. These services areconsidered to be assistance to students and teachers and not to private schools. Thereauthorized ESEA requires the equitable participation of private school students,teachers and other education personnel in some of its major programs. Following areexplanations of some of the law’s provisions and brief summaries of relevant ESEAprograms.

What does equitable participation by private school students and teachers mean?

The participation of private school students, teachers and other education personnel inthe ESEA programs providing services to this population is governed by the UniformProvisions in Title IX of ESEA, sections 9501-9504. Three of these programs containtheir own provisions for the equitable participation of private school students andteachers, which differ, in some respects, from the Uniform Provisions. These are: TitleI, Part A, Improving the Academic Achievement of the Disadvantaged; Title V, Part A,Innovative Programs; and Title V, Part D, Subpart 6, Gifted and Talented Students.

Under the Uniform Provisions, local education agencies (LEAs) or other entitiesreceiving federal financial assistance are required to provide services to eligible privateschool children, teachers and other personnel consistent with the number of eligiblechildren enrolled in private elementary and secondary schools in the LEA, or in thegeographic area served by another entity receiving federal financial assistance. Theseservices and other benefits must be comparable to the services and other benefitsprovided to public school children and teachers participating in the program and theymust be provided in a timely manner.

To ensure equitable participation, the LEA or other entity receiving federal financialassistance must assess, address and evaluate the needs of private school students andteachers; spend an equal amount of funds per student to provide services; provide privateschool students and teachers with an opportunity to participate in activities equivalentto the opportunity provided public school students and teachers; and offer services thatare secular, neutral and non-ideological.

What consultation is required under the equitable participation provision?

The Uniform Provisions contain requirements for timely and meaningful consultation


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between appropriate public and private school officials. The goal of the consultationprocess is to design and implement a program that will provide equitable services andmeet the needs of eligible private school students and/or teachers and other educationpersonnel. Consultation between the entity receiving federal financial assistance andprivate school officials must occur before any decision is made that could affect theability of private school students, teachers and other education personnel to receivebenefits under ESEA and must continue throughout the implementation and assessmentof activities. Consultation generally must include discussion on such issues as: howchildren’s needs will be identified; what services will be offered; how and where theservices will be provided; who will provide the services; how the services will beassessed and how the results of assessment will be used to improve those services; theamount of funds available for services; the size and scope of the services to be provided;and how and when decisions about the delivery of services will be made.

In addition, a thorough consideration of the views of private school officials on theprovision of contract services through potential third-party providers must take place,and, where the entity receiving assistance disagrees with the views of the private schoolofficials on the provision of services through a contract, the entity must provide a writtenexplanation of the reasons why the entity has chosen not to use a contractor.

What programs in the No Child Left Behind Act require equitable participation byprivate school students and teachers?

Title I—Improving the Academic Achievement of the Disadvantaged

• Title I, Part A—Improving Basic Programs Operated by LEAs

Title I, Part A, provides supplementary instruction by public school teachers or througha third-party contractor to students who are educationally disadvantaged and failing ormost at risk of failing to meet high academic standards, and who live in areas of highpoverty. Instruction may take place during the school day, before or after school, or inthe summer. Title I services may be provided on site at the private school, includingreligiously affiliated schools, or at other locations. (See Guidance on the SupremeCourt’s Decision in Agostini v. Felton and Title I (Part A) of ESEA at www.ed.gov/legislation/ESEA/feltguid.html/.) Funds are generated on the basis of the number ofchildren from low-income families who reside in participating public school attendanceareas and attend private schools. Private school students who reside within a Title Iattendance area and who are failing or most at risk of failing to meet high academicstandards are eligible for services.

Services may include a targeted, assisted pullout model, supplementary instruction,direct instruction, computer-assisted instruction, tutoring, counseling, family literacyand early childhood programs. In addition, the law requires equitable participation ofprivate school teachers of Title I students in professional development activities and ofparents of Title I students in parent involvement activities. Title I is not governed by theUniform Provisions; it has its own requirements. Under Title I, LEAs are required tomaintain a written affirmation signed by an official for each participating private schoolthat the required consultation has occurred.

• Title I, Part B—Reading First

Reading First provides funding to implement comprehensive reading instruction forchildren in kindergarten through third grade. Funds must be used for reading programs;instructional materials; professional development; administering screening, diagnosticand classroom-based reading assessments; collecting and reporting data; and promotingreading and library programs. Reading First is governed by the Uniform Provisions, andprivate school children in the areas served by public schools receiving Reading First

http://www.ed.gov/legislation/ESEA/feltguid.html/

http://www.ed.gov/legislation/ESEA/feltguid.html/


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funds are eligible for services.

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

Even Start Family Literacy provides funding to partnerships of LEAs and other publicand private entities to support family literacy programs that integrate early childhoodeducation, adult education, parenting education, and literacy activities for low-incomefamilies and their children from birth through age seven. The Even Start Family Literacyprogram is governed by the Uniform Provisions, and grant applicants are required toconsult in a timely and meaningful manner with private schools in designing andimplementing a program for school-aged students.

Title I, Part C—Migrant Education

Migrant Education provides financial assistance to improve education for migrantchildren. State education agencies (SEAs) provide services and activities either directlyor through subgrants to local operating agencies (LOAs), which can be either an LEAor a public or nonprofit private agency. The Migrant Education program is governed bythe Uniform Provisions and requires the equitable participation of private school migrantstudents and their teachers, and other education personnel in schools located in targetedareas.

Title II—Preparing, Training and Recruiting High-Quality Teachers and Princi-pals

• Title II, Part A—Teacher and Principal Training and Recruiting Fund

The Teacher and Principal Training and Recruiting Fund provides assistance forpreparing, training, recruiting and retaining high-quality teachers. This program isgoverned by the Uniform Provisions, but the amount of funding available for servicesto private school personnel is governed by Section 9501 (b) (3), which requires equitableparticipation of private school teachers and other education personnel to the extent thatthe LEA uses its funds for professional development. For the purposes of determiningthe amount of program funds to be made available for services to private school teachers,the law “imputes” a minimum amount of program funds devoted to professionaldevelopment as the total amount spent in fiscal year 2001 for professional developmentunder the predecessor Eisenhower Professional Development Program and the ClassSize Reduction Program. Activities may include improving teachers’ knowledge in thecore academic subjects and effective instructional teaching strategies; technologyintegration training; teaching students with different learning styles; using assessmentsto improve instruction and student outcomes; involving parents more effectively; andeducation leadership development.

• Title II, Part B—Mathematics and Science Partnerships

The Mathematics and Science Partnerships program provides funds to improve math-ematics and science teaching through a variety of activities. At the current appropriationslevel, partnerships must include an SEA; an engineering, math or science department ofan institution of higher education (IHE); and a high-need LEA. Private schools may bemembers of these partnerships. Activities include professional development; stipendsand scholarships for advanced coursework in mathematics, science or engineering; andprograms to bring math and science teachers into contact with working scientists,mathematicians and engineers. This program is administered jointly with the NationalScience Foundation. The Mathematics and Science Partnerships program is governedby the Uniform Provisions and requires the equitable participation of teachers who teachin private schools located in school districts where grants are awarded.


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• Title II, Part D—Enhancing Education Through Technology

The Enhancing Education Through Technology program provides funds for innovativeinitiatives to support the integration of education technology into classrooms to improveteaching and learning. Activities include professional development in technologyintegration and the use of the Internet; distance learning initiatives; acquiring educationtechnology; and using technology to enhance parental involvement. This program isgoverned by the Uniform Provisions and requires the equitable participation of studentsand teachers in private schools located in school districts where grants are awarded.

Title III—Language Instruction for Limited English Proficient and ImmigrantStudents

• Title III, Part A—English Language Acquisition, Language Enhancement andAcademic Achievement

The English Language Acquisition, Language Enhancement and Academic Achieve-ment program provides funds for helping limited English proficient (LEP) childrenattain English proficiency and meet the same challenging state academic standards as allchildren are expected to meet. Funds must be used for increasing the English proficiencyof LEP children by providing high-quality language instruction and high-qualityprofessional development. Private school students and teachers whose schools arelocated within an LEA that receives a subgrant from the state are eligible to participatein this program, as required by the Uniform Provisions.

Title IV—21st Century Schools

• Title IV, Part A—Safe and Drug-Free Schools and Communities

The Safe and Drug-Free Schools and Communities Act supports programs that foster asafe and drug-free learning environment. Authorized activities include drug, violenceand suicide prevention programs; professional development and training; developingschool security plans; conflict resolution, community service and character educationprograms; family involvement activities; counseling; mentoring; and emergency inter-vention services. The Uniform Provisions for the equitable participation of privateschool students apply to the Safe and Drug-Free Schools program, including thecompetitive grant programs awarded directly by the Department (National Coordinatorprogram, Community Service Grant, Grants to Reduce Alcohol Abuse, and Mentoringprograms).

• Title IV, Part B—21st Century Community Learning Centers

The 21st Century Community Learning Centers (21st CCLC) program provides before-and after-school (including summer) services to children and their families that includeacademic enrichment activities, particularly for students who attend low-performingschools, to help them meet state and local student performance standards in coreacademic subjects. Activities may include remedial education, academic enrichment,art, music, tutoring, mentoring, recreation, technology, drug and violence prevention,counseling, character education and family literacy. The Uniform Provisions apply tothe 21st CCLC program and require the equitable participation of private school students,teachers and other education personnel who are part of the target population.

Title V—Promoting Informed Parental Choice and Innovative Programs

• Title V, Part A—Innovative Programs

Innovative Programs support education reform and innovative school improvement


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programs to improve school, student and teacher performance. Private school students,teachers and other education personnel may receive professional development, librarymaterials, educational equipment, and repair and minor remodeling or construction ofschool facilities. Other activities may include community service programs; consumereducation; purchase of computer hardware and software; programs to hire and supportschool nurses; school-based mental health services; programs for cardiopulmonaryresuscitation training in schools; and parent and community involvement. The programhas its own provisions for the equitable participation of private school students, teachersand other education personnel (section 5142).

• Title V, Part D, Subpart 6—Gifted and Talented Students

The Gifted and Talented Students program provides funding for demonstration projectsin activities designed to enhance the ability of schools to meet the special educationneeds of gifted and talented students (including economically disadvantaged individu-als, individuals with limited English proficiency, and individuals with disabilities).Activities include training of personnel in the education of gifted and talented studentsand, where appropriate, in the use of gifted and talented services, materials and methodsfor all students. The program has its own provisions for the equitable participation ofprivate school students, teachers and other education personnel. They require thesecretary to ensure, where appropriate, that provision is made for the equitable partici-pation of students and teachers in private schools, including the participation of teachersand other personnel in professional development programs serving such students.

Note:

For several programs discussed above and a few other programs, community and faith-based organizations, including private schools, may apply directly for a grant. Forinformation on those programs, please visit the Faith-Based and Community InitiativesWeb site at www.ed.gov/offices/OIIA/faithandcommunity/grantguide.html/.

Further InformationFor additional information on the No Child Left Behind Act of 2001, other federalprograms affecting private schools, private school statistics, publications, Internet linksto the private school community and other resources, visit the Office of Non-PublicEducation Web site at www.ed.gov/offices/OIIA/NonPublic/.

Address:Office of Non-Public EducationU.S. Department of Education400 Maryland Avenue, SWWashington, DC 20202-3600Phone: (202) 401-1365Fax: (202) 401-1368E-mail: OIIANon-PublicEducation @ed.govWeb site: http://www.ed.gov/offices/OIIA/NonPublic/

http://www.ed.gov/offices/OIIA/faithandcommunity/grantguide.html/

http://www.ed.gov/offices/OIIA/NonPublic/

http://www.ed.gov/offices/OIIA/NonPublic/


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Index

A

Advanced Placement 26

Assessment Standards 9, 67

B

Budget Cycle 7

Bypass 11, 63, 64

C

Capital Expenses 55

Character Education 52

Civics Education 32

Civil Rights Requirements 8

Community Learning Centers 5, 41

Consultation with Private Schools

10, 46, 58, 61, 62

Counting Private School Students 11, 70

E

Early Reading First 20

ED TECH 34

Educational Technology 34

English Language Acquisition 37

Even Start 6, 22

F

Faith-based organizations 14, 43

Federal Assistance Recipient 8

Flexibility 7, 59

G

Gifted and Talented 53

I

Innovative Programs 45

L

Language Enhancement 37

M

Mathematics and Science Partnerships 6, 30

Migratory Children 24

N

National Writing Project 32

P

Physical Education 54

Professional Development 6

R

Reading First 5, 17

S

Safe and Drug-Free Schools 39

Schoolwide Programs 9, 12

State Tests and Private Schools 9

Supplemental Services 5, 8, 12, 13

T

Teacher Liability Protection 33

Teacher Training 6, 28

Title I 9

Transferability 7, 57

U

Uniform Provisions

6, 18, 23, 25, 29, 31, 36, 38, 40, 61

W

Women’s Educational Equity Act 56

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