Guidance for Nonprofit Private School Equitable Services Percentage Calculation
Calculating Proportional Amounts of Reservations for Equitable Services
LEAs must annually calculate the correct amount of funds to provide equitable services for participating private school students, their teachers and families. If an LEA reserves funds off the top of its Title I allocation for district-wide activities, the Title I regulations require that the LEA must also provide equitable services from these set-aside funds (34 CFR, Section 200.65). Some of the examples for the district-wide set aside are: instructional activities (such as assistance to schools, funds set aside for reading coaches, summer school, etc.), professional development, and parent involvement. The amount of funds available to provide equitable services from the applicable reserved funds must be proportional to the number of private school children from low-income families residing in participating public school attendance areas.
Examples of Equitable Calculations for District-wide Activities: An LEA reserves $500,000 for a district-wide reading initiative. The number of public and private school children from low-income families residing in participating Title I attendance areas is 25,000. Five percent of the 25,000 children from low-income families attend private schools; thus, five percent of the $500,000 reservation, or $25,000, is available for equitable services for private school participants. Hence, the LEA has $475,000 for its public school district-wide reading initiative and $25,000 for Title I services to private school participants. The Title I program funded with this $25,000 must meet the needs of the private school participants but does not have to be identical to the district-wide reading initiative. The LEA must consult with appropriate private school officials to determine how these funds will be used to benefit private school participants.
Example 1: Sand Dunes School District has 200 students from low-income families who live within the boundaries of the district’s Title I public schools and attend seven different non-profit private schools. Only three of the seven private schools have selected to participate in the Title I program. None of the private schools wish to pool funds. In calculating the proportion of reservation, the district will only count the children from low-income families from the three participating private schools.
Example 2 (pooling funds): XYZ School District has 200 students from low-income families who live within the boundaries of the district’s Title I public schools and attend seven different non-profit private schools. In order to focus on the high risk students at three of the five Catholic schools, all five of the Catholic schools, in consultation with the district, decide to pool Title I funds available for services. The district will count private school students from low-income families from all of the five Catholic schools and not just the three that are participating along with low-income students from the other two (non Catholic) participating private schools.
Frequently Asked Questions Regarding Equitable Services to Eligible Private School Children
- What are the requirements for equitable services to eligible private school children if an LEA reserves Title I funds off the top for district-wide instructional programs for public elementary and secondary schools?
If an LEA reserves funds off the top of its Title I allocation for district-wide instructional programs for public elementary and secondary school students, the equitable services requirement applies. ESEA Section 200.64(a)(2)(i)(A) requires that, if an LEA reserves funds for instructional and related activities for public elementary or secondary school students at the district level, the LEA must also provide from these funds, as applicable, equitable services to eligible private school children. The amount of funds available to provide equitable services from the applicable reserved funds must be proportional to the number of private school children from low-income families residing in participating public school attendance areas.
- Does the equitable services requirement in 34 CFR, Section 200.65 apply to LEA set-aside for LEA and school PI activities?
The equitable services requirement does not apply to Title I Part A funds reserved for LEA and school PI activities. Therefore, the reservation screens do not facilitate the proportional amount calculation from the amounts reserved for PI activities.
Frequently Asked Questions
- Are private school children who receive Title I services eligible to receive supplemental educational services?
No. Only children from low-income families attending public schools identified for PI in Years 2–5, – not all children participating in Title I – are eligible to receive supplemental educational services.
- Does the equitable services requirement in 34 CFR, Section 200.65 apply to LEA set-aside for LEA and school PI activities?
The equitable services requirement does not apply to Title I, Part A funds reserved for LEA and school PI activities. Therefore, the reservation screens do not facilitate the proportional amount calculation from the amounts reserved for PI activities.
Guidance for Required Reservations
Parental Involvement: An LEA with an allocation in excess of $500,000 first must determine the percentage of its Title I allocation that it wishes to reserve for parental involvement activities under ESEA Section 1118. That percentage must be at least one percent of the LEA’s Title I allocation and may be more. The LEA then must set aside an amount for parental involvement of parents of private school children, based on the proportion of private school children from low-income families residing in Title I attendance areas, as explained in the example above and the paragraph “Determining the Amount for Parents of Private School Children.” The LEA then must distribute to its public schools at least 95 percent of the remainder, leaving the balance of the reserved funds for parental involvement activities at the LEA level.
If the LEA receives $500,000 or less, the LEA is not required to reserve 1 percent for parent involvement activities. LEAs with a Title I, Part A, allocation of $500,000 or less must carry out the provisions of ESEA Section 1118, but are not required to reserve any specific amount from their Title I Part A allocation to do so (ESEA Section 1118[a]).
Supplemental Parental Involvement: An LEA that receives a Title I Part A allocation of $500,000 or less may reserve a discretionary set-aside for Parental Involvement.
An LEA that receives a Title I Part A allocation greater than $500,000 may also reserve a discretionary set-aside for Parental Involvement in addition to the mandated one percent of its Title I, Part A, allocation (after transfers and prior to carryover).
Nonprofit Private School Parental Involvement Set-aside: ESEA Section 1118 of Title I requires an LEA to reserve funds off the top of its Title I allocation to carry out required Title I parental involvement activities. ESEA Section 200.65 of the regulations requires the LEA to calculate the amount of funds available for parental involvement activities from the reserved funds based on the proportion of private school children from low-income families residing in participating public school attendance areas.
Example—Equitable Services Calculation Related to Parental Involvement for Families of Participating Private School Children: An LEA reserves one percent ($60,000) of its Title I allocation of $6,000,000 for parental involvement activities. The number of public and private school children from low-income families residing in participating Title I attendance areas is 25,000. Five percent of the 25,000 children attend private schools; thus, five percent of the $60,000 reservation, or $3,000, is available for equitable services for parents of private school participants. The parent involvement program funded by Title I must meet the needs of the parents of private school participants. After consultation with the appropriate private school officials, the LEA may conduct these activities independently or in conjunction with the LEA’s regular parent involvement activities.
Public School Parental Involvement: According to guidance, if the LEA reserves an amount in excess of the required one percent, the 95 percent may apply to the balance after funds for private school set-aside for parents have been deducted, but does not have to apply to the amount in excess of the required one percent. After the LEA determines the amount for parents of private school participants the LEA must distribute 95 percent of the remainder to its public schools. An LEA may allocate an amount greater that 95 percent of the remainder to its public schools.
Balance available for LEA-level parent involvement activities: The LEA may retain for district-wide parental involvement activities the full amount of any Title I Part A funds reserved for that purpose in excess of the required one percent. However, the requirement to allocate an equitable amount for the involvement of private school parents applies to the entire amount set-aside (ESEA Section 1118[a][C]). Source: Non-regulatory guidance found on the ED (DOC) Web page.
Guidance for Direct and Indirect Services
Direct and indirect services to homeless children, regardless of their school of attendance: The LEA will reserve Title I Part A funds to provide comparable services to homeless children to ensure that each homeless child and youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youth. This requirement to reserve funds is not determined by a formula. The amount reserved is to be determined by the LEA as appropriate. (ESEA Section 1113, “Eligible School Attendance Areas [c] Allocations  Reservation [A] homeless children…,”)
For additional information, see the CDE Homeless Children and Youth Web page.
Homeless Services Provided: The allowable uses of these funds are as follows:
- Provide academic support as well as non-academic support to homeless students in non-Title I schools;
- Provide activities other than direct instruction that promotes student achievement;
- Meet basic needs (clothing, supplies, health) of homeless students;
- Support homeless liaison position;
- Hire special teachers, aides, and tutors to provide supplemental instruction;
- Reach out to parents in homeless situations;
- Provide before-, after-school or summer programs;
- Collect data on homeless students;
- Provide emergency food while the student is in school, including breakfast, lunch, and snacks;
- Defray costs for medical, vision and dental expenses;
- Pay fees associated with obtaining birth certificates or immunizations;
- Pay the cost of General Education Development Test (GED) for homeless students;
- Pay the cost of GED for homeless parents;
- Provide transportation to and from after-school programs;
- Provide transportation to and from the school of origin after the child becomes permanently housed;
- Provide the cost of cap and gown to wear at graduation;
- Provide the cost of class projects or field trips.
ESEA Section 1113( c)(3) Reservation: A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve—
“(B) children in local institutions for neglected children; and
“(C) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs.
For additional information, see the EDs Prevention and Intervention Programs for Children and Youths Who Are Neglected, Delinquent, or At Risk Web page.
Guidance for Program Improvement (PI)
PI schools (parent outreach and assistance for Choice and SES): Unless a lesser amount is needed, the LEA must spend an amount equal to 20 percent of the Title I Part A (Basic Grant), allocation. This percentage is based on the amount after transfers but prior to adding carryover. Of the 20 percent, unless a lesser amount is needed, five percent must support choice-related transportation, five percent must support the provision of supplemental services, and the remaining 10 percent may support the costs of either choice-related transportation or supplemental services. Out of the remaining 10 percent up to one percent can be used for parent outreach and assistance.
An LEA is not required to reserve the 20 percent from Title I Part A. Other eligible local, state, and federal funds may also be used to meet an amount equal to 20 percent of the district’s Title I Part A allocation for those two purposes.
If the 20 percent reservation is insufficient to serve all eligible children whose parents request services, the LEA must prioritize services and provide school Choice and SES to the lowest achieving students from low-income families.
Reallocation Requirements (34 CFR, Section 200.48[d]): When an LEA has unspent funds from their 20 percent obligation and intends to use those funds for other allowable activities, the LEA must determine if they have met all of the following criteria:
- Partner, to the extent practicable, with outside groups, such as faith-based organizations, other community-based organizations, and business groups, to help inform eligible students and their families of the opportunities to transfer or to receive supplemental educational services.
- Ensure that eligible students and their parents have a genuine opportunity to sign up to transfer or to obtain supplemental educational services, including by—
- Providing timely, accurate notice as required in 34 CFR, sections 200.36 and 200.37;
- Ensuring that sign-up forms for supplemental educational services are distributed directly to all eligible students and their parents and are made widely available and accessible through broad means of dissemination, such as the Internet, other media, and communications through public agencies serving eligible students and their families and;
- Providing a minimum of two enrollment “windows,” at separate points in the school year, that are of sufficient length to enable parents of eligible students to make informed decisions about requesting supplemental educational services and selecting a provider.
- Ensure that eligible supplemental education services providers are given access to school facilities, using a fair, open, an objective process, on the same basis and terms as are available to other groups that seek access to school facilities.
LEAs not meeting the reallocation criteria must add the amount of any unused portion of the 20 percent obligation to the amount that must be spent on choice-related transportation and SES in 2012-13. The requirement to spend the unexpended amount of the 20 percent obligation in 2012 focuses on the amount that must be spent on choice-related transportation and SES, not the specific funds or source of funds that an LEA uses to satisfy that amount. In other words, what is actually “carried over” is a funding commitment, not actual funds. For example, if an LEA has $100,000 in unused fiscal year 2011 Title I Part A funds that were reserved as part of its 20 percent obligation in the 2011-12 school year, it does not have to carry over those specific Title I funds to the next school year. Rather, the LEA could use that $100,000 in fiscal year 2011 for other Title I activities in the 2011-12 school year, so long as the LEA adds the same $100,000 amount—from any allowable federal, state, or local source—to its 20 percent obligation for the 2012-13 school year.
In addition, if an LEA did not reach the 1 percent cap in 2011-12 for parent outreach and assistance, it is able to use the unspent amount for parent outreach and assistance in 2012-13.
Furthermore, funds that an LEA must spend in the subsequent school year are not subject to the equitable services requirements for private school students set forth in Section 1120 of the ESEA. That is because equitable services for private school students generally apply to Title I funds spent for instruction for elementary and secondary school students, professional development, and parent involvement. They do not apply, however, to all uses of Title I funds, and they do not apply to Title I funds reserved for choice-related transportation and SES because private school students are not subject to school improvement and private school students do not receive SES. However, when an LEA meets reallocation requirements or needs a lesser amount to meet all demand for Choice and SES, the LEA is allowed to use the unspent funds for other Title I activities. The unspent portion of an LEA’s 20 percent obligation used for other Title I activities may be subject to the equitable services provisions of the ESEA.
PI Professional Development: An LEA that has been identified for improvement under Funds reserved under Section 1116(c)(7)(A)(iii) of the Title I statute and Section 200.52(a)(3)(iii) of the Title I regulations reserve at least 10 percent of its Title I Part A allocation to pay for the professional development activities of instructional staff. Those activities must be specifically designed to improve classroom instruction. LEAs may include in this 10 percent total the Title I Part A funds that schools within the LEA have reserved for professional development at the school level. This requirement only pertains to LEAs and Schools who are in PI Years 1 and 2.