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ESEA, Private NonProfit School Students

Consolidated Application ESEA, Participation of Private Nonprofit School Students legal assurances for fiscal year 2012-13.
ESEA, Participation of Private Nonprofit School Students
  1. The LEA shall, after timely and meaningful consultation with appropriate private school officials, provide to those children and their teachers or other educational personnel, on an equitable basis, special educational services or other benefits that address their needs under the following programs:
    Title I, Part A; Title I, Part B (subparts 1 and 3) and C; Title II, Parts A, B, and D; Title III, Part A; Title IV, Parts A and B; and Title V, Part A. (20 USC §6320(a)(1), (b)(1)(A-H); §7811(a)(1), (b)(1)(A-H); PL 107-110, §1120(a)(1); §9501(a)(1), (b)(1)(A-H))

    For Title I, Part A, the LEA must also provide parents with these services or other benefits. (20 USC §6320 (a)(1); PL 107-110, §1120 (a)(1))
  2. Educational services for private school children, teachers and other educational personnel shall be equitable in comparison to services and other benefits for public school children, teachers, and other educational personnel participating in the program and shall be provided in a timely manner. (20 USC §6320(a)(3); PL 107-110, §1120(a)(3), §9501(a)(3))
  3. To ensure timely and meaningful consultation, the LEA shall consult with appropriate private school officials during the design and development of such agency's programs under this part, on issues such as:
    • how the children's needs will be identified;
    • what services will be offered;
    • how, where, and by whom the services will be provided;
    • how the services will be academically assessed and how the results of that assessment will be used to improve those services;
    • 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 under subsection (a)(4) for such services;
    • the method or sources of data that are used under subsection (c) and Section 1113(c)(1) to determine the number of children from low-income families in participating school attendance areas who attend private schools;
    • how and when the agency will make decisions about the delivery of services to such children, including a thorough consideration and analysis of the views of the private school officials on the provision of services through a contract with potential third-party providers; and (H) how, if the agency disagrees with the views of the private school officials on the provision of services through a contract, the LEA will provide in writing to such private school officials an analysis of the reasons why the LEA has chosen not to use a contractor. (20 USC §6320; PL 107-110, §1120(b)(1))
  4. The Title I expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children from low-income families who attend private schools, which the LEA may determine each year or every 2 years. (20 USC §6320; PL 107-110, §1120(a)(4))
  5. In the provision of Title I, Part A services, any employee, individual, association, agency, or organization shall be independent of the private school and of any religious organization, and such employment or contact shall be under the control and supervision of the public agency. (20 USC §6320; PL 107-110, §1120(d)(2)(B))
  6. Title I services or other benefits, including materials and equipment, shall be secular, neutral, and non-ideological. (20 USC §6320; PL 107-110, §1120(a)(2))
  7. The LEA maintains and will provide upon request to the State educational agency a written affirmation signed by officials of each participating private school that the consultation required by ESEA, Title I, Part A, by Section 1120(b) of the ESEA Act of 2001 has occurred. (20 USC §6320(b)(4); PL 107-110, §1120(b)(4))

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Questions:   Anne Daniels | adaniels@cde.ca.gov |916-319-0640
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