Guidance for Nonprofit Private School Equitable Services Percentage Calculation
Calculating Proportional Amounts of Reservations for Equitable Services: Local educational agencies (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 Code of Federal Regulations (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.
Example of an Equitable Calculation 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.
As part of the consultation, the LEA and private school officials may choose one or both of the following options for using the funds reserved for instructional services for eligible private school children.
- School-by-School Option: The LEA and private school officials agree that equitable services to eligible children in each participating private school will be provided with funds that are allocated for the children who reside in the participating public school attendance areas and attend that private school.
An example of the school-by-school option: 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 opted to participate in the Title I program. Each of the private schools wish to receive funding on a school-by-school basis. In calculating the proportion of reservation for equitable services to private school participants, the district will only count the children from low-income families from the three participating private schools.
- Pooling Option: The LEA and private school officials agree to combine the funds allocated for private school children in all participating areas. A pool of funds is created from which the LEA provides equitable services to eligible private school children who have been identified as being in the greatest educational need of those services and who reside in the participating public school attendance areas. Under this option, the funding for services provided to eligible children attending a particular private school do not depend on the amount of funds allocated for children in that school. If it pursues this option, the LEA, in consultation with officials from the private schools, must establish criteria to determine the eligible private school students in greatest educational need who should receive services.
An example of the pooling option: 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 their Title I funds available for equitable services. As a result, when calculating funding for equitable services, the LEA will count the private school students from low-income families from all five of the Catholic schools and not just from the three Catholic schools whose students will receive services.
It is possible for an LEA to have some of the participating private schools agree to pool their funding so as to maximize services to high risk students and to also have other participating private schools that elect to receive funding on a school-by-school basis.
Frequently Asked Questions Regarding Equitable Services to Eligible Private School Children
Q. 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?
A. 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. The Elementary and Secondary Education Act (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.
Q. Does the equitable services requirement in 34 CFR, Section 200.65 apply to LEA set-aside for LEA and school Program Improvement (PI) activities?
A. The equitable services requirement does not apply to Title I Part A funds reserved for LEA and school PI activities.
Guidance for Required Reservations
Parental Involvement: As required under ESEA Section 1118, an LEA with an allocation in excess of $500,000 must reserve at least one percent of the LEA’s Title I allocation for parental involvement activities. The LEA must distribute to its public schools at least 95 percent of this reservation to be used for parental involvement activities. The LEA has the discretion to leave the balance of the reserved funds for parental involvement activities at the LEA level or to include those funds in the distribution to schools.
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 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). The LEA may retain any Title I, Part A funds reserved in excess of the required one percent for district-wide parental involvement activities or they may distribute them to their schools, however the requirement to allocate an equitable amount for the involvement of private school parents applies to the entire amount set-aside.
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 as per the service agreement between the LEA and private school officials.
Source: Non-regulatory guidance found on the United States Department of Education (ED) Title I, Part A
(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 California Department of Education Homeless Children and Youth Education 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.
Local Neglected Institutions AND Local Delinquent Institutions: ESEA Section 1113(c)(3) states “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
Guidance for Program Improvement
School Choice Transportation (Choice), Supplemental Educational Services (SES), and Parent outreach and assistance for Choice and SES: An LEA in PI, or with one or more schools in PI, must reserve an amount equal to 20 percent of the Title I Part A allocation after transfers in (but prior to adding carryover) to provide Choice, SES, and parent outreach and assistance for choice and SES. An LEA is not required to reserve the required 20 percent from Title I Part A funds. Other eligible local, state, and federal funds may be used to meet the requirement to reserve an amount equal to 20 percent of the LEA’s Title I Part A allocation.
Of the 20 percent reservat,ion, five percent must be reserved for choice-related transportation services, five percent must be reserved for the provision of supplemental education services, and the remaining 10 percent may support either choice-related transportation or supplemental services. Up to one percent of the 20 percent reservation may be used for parent outreach and assistance for Choice and SES. Parent outreach and assistance for Choice and SES is not related to the Parental Involvement set-aside referenced earlier in this guidance. Funds reserved for parent outreach and assistance for Choice and SES are intended to support the requirements for parental notification related to Choice and SES programs.
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.
If the LEA is able to meet the demands for Choice and SES services using less than the 20 percent reservation the LEA may reallocate the unspent funds to other allowable activities if they meet the reallocation criteria as described in 34 CFR, Section 200.48[d].
Per 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 first determine if they have met all of the following reallocation 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, 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 required by 34 CFR, Section 200.48[d] must carry over the unused portion of the 20 percent obligation to be spent on choice-related transportation and SES in the following year.
In the event that an LEA is unable to demonstrate that they have met the reallocation criteria and is required to carry over the unused portion of the 20 percent obligation the requirement to spend the unexpended amount of the 20 percent Choice/SES obligation in the following year 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 Title I funds that were reserved as part of its 20 percent obligation, 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 the current year for other Title I activities, 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 following year.
Likewise, an LEA that reserved the one percent for parent outreach and assistance for Choice and SES and did not expend the full amount may carry over the unspent amount for use in parent outreach and assistance for Choice and SES in the following year.
Funds that an LEA reserves for Choice, SES, and parent outreach and assistance for choice and SES are not subject to the equitable services requirements for private school students set forth in Section 1120 of the ESEA. While equitable service requirements for private school students generally apply to Title I funds reserved for the instruction of elementary and secondary school students, professional development, and parent involvement, they do not apply to Title I funds reserved for choice-related transportation and SES as private schools are not subject to school improvement and private school students do not receive SES. The one caveat occurs when an LEA fulfills the demands for Choice and SES using less than the 20 percent obligation and meets the reallocation criteria. In this case the unspent portion of an LEA’s 20 percent obligation that is used for other allowable Title I activities may be subject to the equitable services requirement.
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 must reserve at least 10 percent of its total Title I Part A allocation to pay for professional development activities of instructional staff. Those activities must be specifically designed to improve classroom instruction. LEAs may choose to include in this 10 percent total the Title I Part A funds that schools in PI within the LEA have reserved to provide the required professional development at the school level. This requirement only pertains to LEAs and schools in PI Years 1 and 2.