April 24, 2012 .

Dear County and District Superintendents, Charter School Administrators, Categorical Program Directors, and District Business Officers:

PRIVATE NONPROFIT SCHOOL PARTICIPATION IN ELEMENTARY AND SECONDARY EDUCATION ACT PROGRAMS AND GUIDANCE DOCUMENTS

The Elementary and Secondary Education Act (ESEA) requires public school districts, including charter districts, to provide equitable programs and services to private nonprofit school students and teachers eligible to participate in six federal education programs, Titles I-IV. A copy of the Elementary and Secondary Education Act Programs in Which Private Nonprofit School Students and Teachers are Eligible to Participate, has been enclosed for your reference.

The purposes of this letter are:

• To provide guidance and resources concerning private nonprofit school participation to persons new to ESEA programs and services
• To encourage public school districts to strengthen their communication with eligible private nonprofit schools as mandated by ESEA

Section 9501(c)(3) of ESEA requires the local educational agency (LEA) to consult with private nonprofit school officials in a “timely and meaningful” fashion. Private nonprofit school participation requirements cannot be satisfied simply by inviting private nonprofit schools to participate in programs and/or activities designed for public school students, teachers, or other education personnel. (See the March 2009, federal Non-Regulatory Guidance for Title IX, Part E, Uniform Provisions, Subpart I – Private Schools. (Outside Source).

For consultation to be meaningful, and private nonprofit school participation to be equitable, private school officials need timely, clear information about fiscal resources and services. To allow for timely private school needs assessment and program design, it is recommended that consultation begin prior to the new school year. Private schools should be contacted and asked if they would like to participate in all programs related to Titles I-IV. Contact should also be made before competitive grant applications are developed by an LEA. Collaborative support from district program and fiscal staff, including those staff developing competitive grant applications, is central to smooth consultation.

Information concerning topics that should be discussed during the consultation process between public and private school officials can be found in the California Department of Education (CDE) Guidance Document concerning private school participation in ESEA programs.

Private schools never receive funding directly from an LEA. Private schools receive programs and services through the LEA. Section 9501(a)(4) of ESEA requires that expenditures for services to private school students, teachers, and other educational personnel be equal to the expenditures for their public school counterparts, with consideration of the number and educational needs of the children to be served. As with other decisions affecting services to private nonprofit school students, LEAs should consult with private school officials on the method for determining equal expenditures, and the resulting methodology should reasonably reflect the number and educational need of public and private school students.

For additional information as to how to determine educational need and equitable funding for Title I Services for Students in Private Schools, go to the CDE Title I Services for Students in Private Schools Web page. For options as to how to determine educational need and equitable funding for Titles II-IV, see the Non-Regulatory Guidance for Title IX, Part E, Uniform Provisions, Subpart I – Private Schools mentioned earlier.

If you have any questions concerning this letter, please contact Jane Ross, Education Programs Consultant, Title II Leadership Office, by phone at 916-445-7331 or by e-mail at privateschools@cde.ca.gov.

Sincerely,

/s/

Lupita Cortez Alcalá, Deputy Superintendent
Instruction and Learning Support Branch

LCA:ma
Enclosure

Enclosure

Elementary and Secondary Education Act Programs in Which Private Nonprofit School Students and Teachers are Eligible to Participate

Title I: Improving the Academic Achievement of the Disadvantaged

Title I, Part A – Improving Basic Programs Operated by Local Educational Agencies

Title I, Part C – Education of Migratory Children

Title II: Preparing, Training, and Recruiting High Quality Teachers and Principals

Title II, Part A – Teacher and Principal Training and Recruiting Fund

Title II, Part B – Math and Science Partnerships

Title III: Language Instruction for Limited English Proficient and Immigrant Students

Title III, Part A – English Language Acquisition, Language Enhancement, and Academic Achievement

Title IV: 21st Century Schools

Title IV, Part B – 21st Century Community Learning Centers