The Elementary and Secondary Education Act (ESEA), Title I, Part A, Section 1120 requires Local Educational Agencies (LEAs) to provide supplemental educational services to eligible students attending private schools. These services must be equitable to the services provided for students in public schools. The specific requirements are stated in the Legal Assurances, under ESEA, Participation of Private Nonprofit School Students. Additional information is available in the “Title I Services to Eligible Private School Children Non-Regulatory Guidance” found under Services to Private Schools on the California Department of Education (CDE) Title 1 Services for Students in Private Schools Web page.
The district of residence is responsible for providing Title I, Part A services to eligible students. This applies to students who may be attending private schools located outside the district’s boundaries. LEAs are responsible for contacting the nonprofit private schools including private schools with less than six students enrolled.
Consultation: Title I services for private school students must be developed in consultation with the officials of participating private schools. Consultation occurs before the LEA makes any decisions about the Title I program for students in private schools and must address issues such as:
- How the LEA will identify the needs of eligible private school children;
- What services the LEA will offer to eligible private school children;
- How and when the LEA will make decisions about the delivery of services;
- How, where, and by whom the LEA will provide services to eligible private school children;
- How the LEA will assess academically the services to private school children in accordance with Section 200.10 of the Title I regulations, and how the LEA will use the results of that assessment to improve Title I services;
- The size and scope of the equitable services that the LEA will provide to eligible private school children and, consistent with Section 200.64 of the Title I regulations, the proportion of its Title I funds that the LEA will allocate for these services and the amount of funds that the LEA reserves from its Title I allocation for the purposes listed in Section 200.77 of the Title I regulations;
- The method, or the sources of data, that the LEA will use (under Section 200.78 of the Title I regulations) to determine the number of private school children from low-income families residing in participating public school attendance areas, including whether the LEA will extrapolate data if a survey is used;
- What criteria will be used to determine eligibility for services
- The services the LEA will provide to teachers and families of participating private school children.
Consultation must also include:
- Discussion of service delivery mechanisms the LEA will use to provide services; and
- Thorough consideration and analysis of the views of the private school officials on whether the LEA should contract with a third-party provider. If the LEA disagrees with the views of the private school officials on that issue, the LEA must provide in writing to those officials the reasons why the LEA has chosen not to use a third-party contractor.
If The LEA consulted with the private schools and none of those schools chose to participate in the Title I, Part A program, the LEA must maintain documentation on file that supports the fact that the district provided the program information to private schools but they declined to participate.
Additional information and resources including the “Consultation Template,” “Title I Services to Eligible Private School Children Non-Regulatory Guidance” and “Toolkit” are available on the CDE Correspondence Web page.