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ESEA, Private NonProfit School Students

Consolidated Application Elementary and Secondary Education Act (ESEA), Participation of Private Nonprofit School Students legal assurances for fiscal year 2013-14.
ESEA, Participation of Private Nonprofit School Students
  1. The Local Educational Agency (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 B (subparts 1 and 3) and C;
    • Title II, Parts A, B, and D;
    • Title III, Part A; and
    • Title IV, Parts A and B. (20 United States Code (USC) §9501 (b)(1)(A-H))
  2. Educational services or other benefits, including materials and equipment, provided under this section, shall be secular, neutral, and nonideological. (20 USC §9501 (a)(2)
  3. 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 §9501(a)(3))
  4. Expenditures for educational services and other benefits for eligible private school children, their teachers, and other educational personnel shall be equal, taking into account the number and educational needs of the children to be served, to the expenditures for participating public school children. (20 USC §9501(a)(4))
  5. The LEA may provide equitable services directly or through contracts with public and privates agencies, organizations, and institutions. (20 USC §9501(a)(5))
  6. To ensure timely and meaningful consultation, the LEA shall consult with appropriate private school officials during the design and development of 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 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, teachers, and other educational personnel and the amount available for those services; and
  • how and when the agency will make decisions about the delivery of services, including a thorough consideration and analysis of the views of the private school officials on the provision of contract services through potential third-party providers. (20 USC §9501(c)(1))
  1. If the agency disagrees with the views of the private school officials on the provision of services through a contract, the LEA will provide the private school officials a written explanation of the reasons why the LEA has chosen not to use a contractor. (20 USC §9501 (c)(2))
  2. The consultation required shall occur before the LEA makes any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to participate in programs under this Act, and shall continue throughout the implementation and assessment of activities under this section. (20 USC §9501 (c)(3)
  3. The consultation required shall include a discussion of service delivery mechanisms that the agency could use to provide equitable services to equitable private school children, teachers, administrators and other staff. (20 USC §9501 (c)(4))
  4. The control of funds used to provide equitable services, and title to materials, equipment, and property purchased with those funds, shall be in a public agency for the uses and purposed provided in this Act, and a public agency shall administer the funds and property. (20 USC §9501 (d)(1))
  5. The provision of services under this section shall be provided, (i) by employees of a public agency; or (ii) through a contract by the public agency with an individual, association, agency, organization, or other entity. (20 USC §9501 (d)(2)(A))
  6. In the provision of those services, the employee, person, association, agency, organization or other entity shall be independent of the private school and of any religious organization, and the employment or contact shall be under the control and supervision of the public agency. (20 USC §9501 (d)(2)(B))
  7. Funds used to provide services under this section shall not be commingled with non-Federal funds. (20 USC §9501 (d)(2)(C))

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Questions:   Anne Daniels | | 916-319-0640
Last Reviewed: Thursday, August 7, 2014

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