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Guidance Document

Guidance for Private School Students, Teachers, and Other Education Personnel in Elementary and Secondary Education Act (ESEA) (as of 3/8/2010).

ESEA provides educational services and programs to private school children, teachers, and other education personnel, including those in religiously affiliated schools. Benefits and “services funded under ESEA are designed to be of direct assistance to students and teachers and not to nonprofit private schools” (U.S. Department of Education [ED], ESEA Summary, p.1). The reauthorized ESEA provides for the equitable participation of private school students, teachers, and other educational personnel in some of its major programs.

This document presents information concerning some key ESEA provisions, questions and answers regarding the participation of private school students, teachers, and other educational personnel in the programs, and a brief summary of each program included under equitable participation guidelines. ESEA, Title IX, Part E covers Titles IB, IIA, IIB, IID, III, IVA, and IV B under sections 9501-9504. Title IA which also requires the equitable participation of private school students, teachers, other educational personnel, and, in some cases families, contains its own separate equitable participation provisions. Much of the information in this document was drawn from federal guidance documents outlining requirements for each applicable federal program posted on the ED External link opens in new window or tab. Web site .

The following programs, which are administered by the California Department of Education (CDE), are addressed in this document:

Title I Improving the Academic Achievement of the Disadvantaged

Title I, Part A - Improving Basic Programs Operated by Local Education Agencies
Title I, Part B - Student Reading Skills Improvement Grants
Title I, Part B - Subpart C - Even Start Family Literacy Programs
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 - Mathematics and Science Partnerships
Title II, Part D - Enhancing Education Through Technology

Title III Language Instruction for Limited English Proficient and Immigrant Students

Title III, Part A - English Language Acquisition, Language Enhancement, and Academic Achievement: Overview

Title IV 21st Century Schools

Title IV, Part A - Safe and Drug-Free Schools and Communities: Overview
Title IV, Part B - 21st Century Community Learning Centers: Overview

Title V Promoting Informed Parental Choice and Innovative Programs

Title V, Part A - Program Expired September 30, 2009
Title V, Part D - Subpart 6 - Gifted and Talented Students

Title VI Flexibility and Accountability

Transferring ESEA Funds: Private School Involvement: Overview

ESEA Questions and Answers

The following are questions and answers to general and program specific nonprofit private school participation requirements of ESEA that apply to all of the programs listed on pages 1 and 2 unless otherwise noted.

GENERAL:
  1. What does equitable participation by private school students, teachers, and other educational personnel mean?

    ESEA Title IX sections 9501-9504 (Uniform Provisions) provide the framework for equitable participation of private school students, teachers, and other educational personnel in programs providing services governed by Uniform Provisions. Specific legislative language containing this information can be found on the ED External link opens in new window or tab. Web site.

    Under the Uniform Provisions, local educational agencies (LEAs), consortia, or entities receiving federal financial assistance are required to make educational services available to eligible private school students, teachers, and other educational personnel consistent with the number of eligible students enrolled in private nonprofit elementary and secondary schools in the communities or geographic area served by the LEA, consortium, or entity. These educational services and other benefits must be comparable to the services and other benefits provided to public school students, teachers, and other educational personnel participating in the program and must meet the needs of private school students, teachers, and other educational personnel. The services are to be provided in a timely manner. While nonprofit private schools are not required to accept ESEA educational services, it may be advantageous to the private schools to do so.

    To ensure equitable participation, the LEA, consortium, or entity receiving federal financial assistance must:

Title I, Part A (Improving Basic Programs Operated by Local Educational Agencies), and Title V, Part D (Subpart 6 - Gifted and Talented Students) contain their own federal provisions for equitable participation of private school students, teachers, and other educational personnel that differ, in some respects, from the Uniform Provisions. Information on these provisions can be found in the program specific section.

  1. What are the requirements for timely and meaningful consultation?

    ESEA Section 9501(c)(1) states that “To ensure timely and meaningful consultation, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity shall consult with appropriate private school officials during the design and development of the programs under this Act on issues such as:”

The LEA, consortium, or entity is to consult with private school administrators prior to the submission of the funding application (i.e., formula or competitive grant) to the CDE. During the funding application process, the CDE will collect information on how the LEA, consortium, or entity has complied with this requirement.

  1. What happens if there is a disagreement between the LEA, consortium, or entity and the nonprofit private school on the provision of services through a contract?

    ESEA Section 9501 states that if the LEA, consortium, or entity disagrees with the views of the private school officials on the provision of services through a contract, the LEA, consortium, or entity shall provide to the private school officials a written explanation of the reasons why it has chosen to use or not use a contractor. The LEA, consortium, or entity should maintain copies of this written communication.

  1. May a third party provider render consultation for a nonprofit private school and be the recipient of a contract for services for that private school?

    Section 9501 of ESEA states “(B) Independence; Public Agency—In the provision of those services, the employee, person, association, agency, organization, or other entity shall be independent of the nonprofit private school and of any religious organization, and the employment or contract shall be under the control and supervision of the public agency.”

    There is no absolute rule about whether the conduct is permissible. However, there may be federal and state laws that limit the ability of a party or entity to be involved on both sides of a contract. Districts should be cautious about entering into contracts if the third party has negotiated the terms of the services to be provided and then also contracts to be the provider of those services to private school students.

  1. Must an LEA, consortium, or entity contact the officials of all private nonprofit schools every year, even when there have been no recent indications of a desire to participate in the federal program(s)?

    Yes. The LEA, consortium, or entity is required to contact appropriate officials of all private nonprofit schools within the boundaries of the school district annually to determine if they want their educators and/or students to participate in the program, regardless of whether or not those officials have indicated any interest in program participation in the past. In addition, for Title I, the LEA, consortium, or entity must contact the nonprofit private schools in other communities that are serving eligible students who are residents of the school district.

    LEAs, consortia, or entities can find a complete list of private schools with enrollment of six or more students on the CDE Private School Directory. Each nonprofit private school’s tax status is included in the Private School Directory.

  1. When must an LEA, consortium, or entity consult with appropriate private school officials?

    Title IX, Part E, Uniform Provisions, ensures timely and meaningful consultation. An LEA, consortium, or entity shall consult with appropriate private school officials during the design and development of the programs under ESEA and prior to the submission of a formula or competitive grant application to the CDE.

    In order to ensure timely consultation, LEAs should begin the consultation process early enough in the decision-making process to allow for participation of private school students and teachers at the start of each school year. Therefore, the LEA should engage in a process of timely and meaningful consultation with private school officials and provide them with information related to the projected and/or final funding amounts for programs and services, including on the process the LEA will use in preparing its competitive grant application. The LEA should also develop a process for determining mutual expectations for implementation and assessment of programs. In order to meet the requirements for timely and meaningful consultation, many LEAs begin consultation for the following school year in mid-to late-winter of the school year prior to the year covered by the plan.

    The consultation shall occur before the agency, consortium, or entity makes any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to participate in programs under ESEA, and shall continue throughout the implementation and assessment of activities under this section.

  1. May an LEA, consortium, or entity ask private school representatives to submit documentation?

    Yes. LEAs, consortia, or entities may request that reasonable documentation be submitted in a timely manner, as needed, from private school officials to help the LEA, consortium, or entity identify educational services that may be appropriate to the needs of private school students and educators. Such documentation should be limited to a description of the needs of the students and/or educators and a brief description of the services and programs desired to meet those needs. If specific documentation is not available, other equivalent documentation may be used, such documentation may include requesting the private school carry out a needs assessment or include student achievement data as required by the LEA.

  1. What type of records should an LEA, consortium, or entity maintain in order to show that it has met its responsibilities for equitable participation of private school educators and/or students?

    To meet its general record-keeping responsibility, an LEA, consortium, or entity should document that:

The LEA, consortium, or entity also should maintain records of its efforts to resolve any complaints made by private school representatives regarding any issues that are raised.

Note: For Title I, Part A see Question 7 under Program Specific Information.

  1. Does an offer of services from the LEA meet the requirement of consultation?

    An offer of services by an LEA, consortium, or entity without opportunity for timely and meaningful consultation with private school officials does not meet the requirement of the law. Only after discussing key issues relating to the provision of services and identifying the needs of the students and/or teachers to be served should the LEA make its final decisions with respect to the services and benefits it will provide to eligible private school students and teachers. However, a documented offer of timely and meaningful consultation, to which a nonprofit private school either fails to respond or declines, fulfills the requirement for private school participation for that nonprofit private school.

  1. Who has control of the funds?

    ESEA Section 9501 states that the LEA, consortium, or entity maintains control of the federal funds used to provide services under the grant programs funded through the ESEA. It also maintains title to materials, equipment, and property purchased with those funds. The LEA, consortium, or entity may allow the nonprofit private schools to keep the items from year to year, in accordance with approved ongoing activities, so long as appropriate records are maintained. Thus, nonprofit private schools receive no direct federal funding under ESEA.

    Funds used to provide services under this section shall not be commingled with non-federal funds.

  1. How is the carryover of funds handled in regard to the equitable participation of private school students?

    In general, if an LEA provided equitable services for private school students in the first year, any carryover funds would be considered additional funds for that program in the subsequent year. Those funds then would be used, along with any other carryover funds, for both public and private school students on an equitable basis.

  1. How does the CDE receive and use information on private school student enrollment?

    California Education Code (EC) Section 33190 states that nonprofit private schools are required annually to complete and submit a Private School Affidavit containing enrollment figures and other information between October 1 and October 15 to the State Superintendent of Public Instruction. Affidavits and statistical information generated from compliance with this regulation can be found at the CDE Private School Affidavit Web page.

    The CDE uses private and public school enrollment information to calculate grant entitlement allotments. ESEA Section 1120 specifies that the formula for determining Title I funds to nonprofit private schools be determined by student residency. Conversely, grant formulas for Titles II, III, and IV are based on total enrollment figures rather than residency. This means that all students in the nonprofit private school within the district service area, including those who are not residents of the district, are counted for allocation purposes for Titles II, III, and IV.

    In addition, for Title III purposes, all nonprofit private schools are asked to submit data on the annual enrollment of eligible immigrant students via the Student National Origin Report (SNOR).

    Identification of English learners (EL) should be conducted according to instructions from the local public school district. Additional details are available on the CDE Title III Web page.

  1. Are private school students and educators entitled to equitable participation in competitive grants as well as in formula grants?

    Yes. In some cases, private school students, teachers, and other educational personnel are entitled to equitable participation in programs funded through competitive grants. These competitive grant programs include:

Under Uniform Provisions, LEAs, consortia, and entities seeking these competitive grant funds must consult with appropriate private school officials during the design and development of the proposal prior to grant submission. Consultation continues throughout the implementation and assessment of grant activities. Consultation is dynamic and requires the active participation of both parties, the LEA, consortium, or entity and the nonprofit private school. Thus, types or methods of consultation may include face-to-face meetings, electronic interaction, and/or telephone conversations.

  1. How can nonprofit private schools assist the LEA, consortium, or entity in meeting the obligation for equitable participation and consultation?

    Private schools can facilitate the process by:

  1. What recourse is available if an LEA, consortium, or entity will not use its federal funds to provide equitable services to private school students, teachers, and other educational personnel?

    The nonprofit private school should first work to resolve the concerns at the local level. Technical assistance may also be available by e-mail at privateschools@cde.ca.gov. If a reasonable solution cannot be reached, the individual(s) or organization(s) alleging a violation of ESEA sections 9501-9504 by a state educational agency (SEA), LEA, educational service agency, consortium of those agencies, or entity must submit the complaint to the LEA, using California’s Uniform Complaint Procedure. A formal written complaint must include:

If resolution cannot be resolved at the LEA level, The SEA is required to resolve the complaint in writing within a reasonable period of time. An SEA’s resolution (or its failure to resolve the complaint within a reasonable period of time) may be appealed by private school officials to the Secretary of the U.S. Department of Education (Secretary). The appeal to the Secretary must be filed no later than 30 days following the SEA’s resolution of the complaint (or its failure to resolve the complaint within a reasonable period of time). The Secretary investigates and resolves the appeal not later than 120 days after receipt of the appeal.

  1. Do all charter schools need to provide equitable services to nonprofit private schools?

    No. Charter schools do not have geographic boundaries in the same manner as traditional school districts, nor are they funded in the same manner. Charter schools must accept any student who wishes to attend the school (subject to capacity constraints), and are funded based on actual enrollment, rather than on population (census) within a defined geographic boundary.

  1. Do all charter school districts need to provide equitable programs and services to nonprofit private schools?

    Yes. Charter school districts have defined geographic boundaries and any nonprofit private schools located within these boundaries are subject to the provisions regarding equitable participation of nonprofit private schools.

  1. Does the law require that an LEA, consortium, or entity provide equitable services with ESEA funding only to private "nonprofit" schools?

    Yes. ESEA Section 9501 requires LEAs, consortia, or entities to provide equitable services to students, teachers, and other educational personnel in “private elementary and secondary schools.” ESEA defines “elementary” and “secondary” schools to mean only “nonprofit institutional day or residential school(s)” (ESEA Section 9101).

  1. What best practice might assist LEAs in working effectively with private school officials regarding the implementation of federal education programs for private school students and teachers?

    In order to facilitate consultation between public and private school officials and the effective implementation of programs and services for private school students and teachers, LEAs are encouraged to create Private School Working Groups made up of representatives from the full spectrum of nonprofit private schools. Through regular meetings, such groups can smooth the progress of federal education program implementation for private school students and teachers.

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Program Specific Information

 The following questions and answers pertain to specific programs.

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

Title I, Part A provides supplementary instruction by public school teachers or through a third-party contractor to students who are educationally disadvantaged and failing or are most at risk of failing to meet high academic standards, and who live in areas of high poverty. Instruction may take place during the school day, before or after school, or in the summer.

Questions and Answers

  1. What is the applicability of state academic assessment to nonprofit private schools?

    Private schools, including those schools with Title I students, may not participate in the State's academic assessments. If a nonprofit private school has students who receive Title I services, the LEA must consult with private school officials about how those students will be assessed.

    ESEA Section 200.10 addresses this issue. Specifically, it states:

    Nothing in Section 200.1 or Section 200.2 requires a nonprofit private school whose students receive Title I services to participate in a state's academic assessment system. These Title I regulations External link opens in new window or tab. for standards and assessment requirements went into effect on August 5, 2002.

    If an LEA provides services to eligible private school students, the LEA must, through timely consultation with appropriate private school officials, determine how services will be academically assessed and how the results of that assessment will be used to improve those services.

  1. How are Title I funds for private school students determined?

    ESEA Section 1120 specifies that funds are generated on the basis of the number of students from low-income families who reside in participating public school attendance areas and attend nonprofit private schools whether the nonprofit private schools are located within or outside district boundaries. Private school students who reside within a Title I attendance area and who are failing or most at risk of failing to meet high academic standards are eligible for services.

    After timely and meaningful consultation the LEA shall “have the final authority to calculate the number of children, ages 5 through 17, who are from low-income families and attend private schools.” ESEA Section 1120 states that the following processes may be employed:

Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children from low-income families who attend nonprofit private schools, which the LEA may determine each year or every two years (ESEA Section 1120).

  1. Where may Title I services be provided to private school students?

    Under Title I Section 1120, services may be provided at the nonprofit private school, including religiously affiliated schools, or at other locations.

    However, such educational services or other benefits, including materials and equipment, shall be secular, neutral, and non ideological. See Guidance External link opens in new window or tab. on the Supreme Court's Decision in Agostini v. Felton and Title I, Part A, of ESEA .

  1. What services may be provided to private school students, parents, and educators?

    Services may include assistance through supplementary instruction, direct instruction, computer-assisted instruction, tutoring, counseling, family literacy, and early childhood programs. In addition, the law requires equitable participation of private school teachers and other educational personnel of Title I students in professional development activities and of parents of Title I students in parent involvement activities.

  1. Who may be contracted to provide services in nonprofit private schools?

    Services identified in ESEA Section 1120 may be provided:

In the provision of those services, the employee, person, association, agency, organization, or entity shall be independent of the nonprofit private school and of any religious organization. The employment or contract shall be under the control and supervision of the LEA, consortium, or entity.

  1. If an LEA contracts with a third-party provider, must the third-party provider employ Title I teachers and paraprofessionals that meet the qualification requirements in ESEA Section 1119 of Title I?

    No. The highly qualified personnel requirements only apply to those teachers and paraprofessionals who are directly employed by the LEA.

  2. Are teachers in private schools required to meet the "highly qualified" requirements of ESEA?

    No. The "highly qualified" personnel requirements only apply to those teachers and paraprofessionals who are directly employed by the LEA.

  1. What records does the LEA need to maintain regarding nonprofit private school participation in Title I services?

    An LEA is required to maintain records of an offer of consultation to officials at nonprofit private schools where eligible students attend. Each LEA shall maintain in the agency's records and provide to the SEA a written affirmation signed by appropriate officials of each participating nonprofit private school that the consultation required by this section has occurred. If appropriate private school officials do not provide such affirmation within a reasonable period of time, the LEA shall be considered to have fulfilled its consultation requirement relative to the non-responding private schools.

    For additional information, access the CDE Title I Services for Students in Private Schools Web page.

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Title I, Part B – Student Reading Skills Improvement Grants

ESEA Section 1201, Reading First, provides funding to implement comprehensive reading instruction for students in kindergarten through third grade. Funds must be used for reading programs, instructional materials, professional development, administering screening, diagnostic, and classroom-based reading assessments, collecting and reporting data, and promoting reading and library programs. Private school students in the areas served by public schools receiving Reading First funds are eligible for services.

Questions and Answers

  1. Are private school students eligible to participate in the Reading First program?

    Yes. Funds awarded to LEAs, consortia, or entities under Reading First are subject to the requirements of Uniform Provisions. The statute requires LEAs, consortia, or entities to provide private school students, teachers, and other educational personnel with educational services that address their needs related to Reading First on an equitable basis with public school students, teachers, and other educational personnel. LEAs, consortia, or entities must provide these services in a timely manner.

    Funds going toward educational services (and other benefits) for private school students and their educators must be equitable on a per-classroom basis to the funds provided for participating public school students and educators, taking into account the number and educational needs of the students to be served.

    All services and benefits provided to private school students and their educators under Reading First must be secular, neutral, and non-ideological.

    LEAs, consortia, or entities seeking -Reading First grants must consult with appropriate private school officials during the design and development of their Reading First plans on such issues as determining eligibility of private school students; identifying the students’ needs; describing what services will be offered; acknowledging how, where, and by whom services will be provided; and distinguishing how the services will be assessed.

  1. How is the eligibility of private school students determined?

    In general, under Uniform Provisions private school students in the areas served by public schools receiving Reading First funds would be eligible. This determination is based on the location of a nonprofit private school in the attendance area of a public school receiving, or qualified to receive, Reading First funds. The CDE will provide further guidance on this area through its competitive Reading First Request for Proposals process and associated correspondence.

  1. May Reading First program funds be used to fund "reading coaches?"

    It is permissible to use LEA program funds to provide the services of reading coaches to private school students as long as the coach is a public employee, is not the primary teacher, and is under public supervision and control.

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Title I, Part B, Subpart C – Even Start Family Literacy Program

The purpose of the William F. Goodling Even Start Family Literacy Program (Even Start) is to help break the cycle of poverty and illiteracy by improving educational opportunities for low-income families.

Questions and Answers

  1. What are the requirements for equitable participation and consultation with appropriate private nonprofit school officials in the Even Start Program?

    The equitable participation provisions in Title IX of ESEA, Uniform Provisions that apply to Even Start under ESEA, are found in sections 9501-9504. These provisions require recipients of federal funds to provide eligible school-age children who are enrolled in private and religiously affiliated elementary and secondary schools, and their teachers or other educational personnel, educational services and benefits under those programs on an equitable basis.

  1. Which Even Start projects are required to comply with this requirement?

    The requirements for equitable participation and consultation apply to all local Even Start projects that receive funding under Title I, Part B, Subpart 3 regardless of whether the fiscal agent is an LEA, a nonprofit or community-based organization, or other partner in the eligible entity partnership.

  1. May nonprofit private schools benefit directly from Even Start funding?

    ESEA Title I, Part B, Subpart 3, allows for the provision of educational services and programs to private school children, teachers, and other education personnel, including those in religiously affiliated schools. Benefits and "services funded under ESEA are designed to be of direct assistance to students and teachers and not to nonprivate schools" (ED, ESEA Summary, p.1).

  1. What are the rules and expectations regarding consultation and participation between public and nonprofit private schools?

    Consultation between public and private school officials must occur before any decision is made that could affect the participation of the private school families (that is, as the project is being planned and designed and before the application is written and submitted to the subgrant competition) and should continue throughout the implementation and assessment of activities. Failure to engage appropriate private school officials in timely and meaningful consultation may result in the denial or revocation of funding.

    Consultation generally must include discussions on such issues as how the private school families’ needs will be identified; what services will be offered; how and where the services will be offered and provided; who will provide services; how the services will be assessed, and how the results of assessments will be used to improve those services; the amount of funds available for services; the size and scope of services to be provided; and how and when the LEA/other agency will make decisions about the delivery of services.

    Even Start projects must consult with private school officials to determine how to ensure that eligible, most-in-need, families with children enrolled in nonprofit private schools are given the same opportunity to participate in the Even Start project as their public school counterparts. Specifically, the eligible entity must consult with private school officials to determine how to provide equitable Even Start services to eligible families in Even Start projects that have children enrolled in private elementary schools or teenage parents enrolled in private secondary schools.

  1. What are the dimensions and expectations for equitable services for private school students?

    Eligible entities must provide equitable services after timely and meaningful consultation with appropriate private school officials. The services must be provided by the eligible entity or through a contractor that is independent of any nonprofit private school or religious organization. Services to private nonprofit schools are not required to be the same as those offered to public schools.

    Services must be comparable to the services for their public school counterparts in terms of quality, scope, and opportunity for participation. In addition, total program expenditures for services and benefits for participating elementary and secondary private school students must be equal on a per pupil basis (taking into account the relative numbers of those private and public school students participating in the Even Start program and their needs) to the expenditures for participating elementary and secondary public school students.

  1. Are LEAs aware of these requirements for consultation and participation with nonprofit private schools?

    All public elementary and high schools that are partners in an eligible entity that receives an Even Start subgrant under Title I, Part B, Subpart 3 are informed of these requirements and must comply with them. All participating Even Start projects are directed to ensure that consultation has taken place with private non-profit schools, including religiously affiliated schools, within their respective service areas. Even Start projects should check with the local school district administration for information on how consultation and participation with private nonprofit and religiously affiliated schools are arranged. Even Start projects that have not included these schools in Even Start activities must do so as soon as possible.

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Title I, Part C – Education of Migratory Children

The Migrant Education Program (MEP) is governed by the Uniform Provisions and requires the equitable participation of private school migrant students, their teachers, and other education personnel in schools located in targeted areas.

Questions and Answers

  1. Must an SEA and LEA serve eligible migrant children who attend nonprofit private schools?

    Yes. ESEA Section 9501 and Section 299.6 of the implementing regulations require SEAs that receive MEP funds to provide special educational services or other benefits on an equitable basis to eligible children who are enrolled in nonprofit private schools, and to their teachers and other educational personnel. This must be done after timely and meaningful consultation with appropriate private school officials.

  1. Who must comply with the consultation requirement – the SEA or the LEA?

    The agency that operates the local MEP project must comply with this requirement.

  1. How does an agency meet the consultation requirement with private school officials?

    To meet this requirement, the agency must consult with nonprofit private school officials before making any decision that affects the opportunities of eligible private school children to participate in a MEP project. Consultation must cover all phases of the design and development of the MEP project, including:

  1. Which children who attend nonprofit private schools are eligible to receive MEP services?

    Children who attend nonprofit private school are eligible to receive MEP services if they meet the statutory and regulatory definition of a migrant child. In addition, after establishing program eligibility, the students must: 1) meet the priority for services criteria in ESEA Section1304(d); and 2) have special educational needs identified through the state’s comprehensive needs assessment and service delivery plan.

  1. May an LEA decide not to serve eligible migrant private school children because there are too few of them to serve?

    Yes. The SEA and LEA have the discretion to determine what number of eligible students is too few to serve, so long as this determination is made on an equitable basis (i.e., on the same basis as public schools). If it is feasible and equitable, agencies may adopt alternative methods that are cost-effective to serve small numbers, such as individual tutoring programs, professional development activities with the classroom teachers of eligible migrant students, or other similar strategies.

  1. If private school officials do not wish to have their children participate in the MEP, is the SEA or LEA still required to serve these children?

    No. If, after consultation with private school officials, the officials do not wish to have their students participate in the MEP, neither the SEA nor the LEA is required to serve these children. However, in its consultation, the local operating agency should explain the various ways in which the agency can help provide services to children attending nonprofit private schools.

  1. Should the SEA assess the needs of private school children residing in the state?

    Yes. Through the consultation process with private school officials, the LEA may assess the needs of eligible migrant children enrolled in nonprofit private schools in its service area. These children would then be included in the statewide needs assessment.

  1. Must the services the SEA provides private school children be the same as those it provides public school children?

    No. Although the statute and regulations require SEAs to provide services on an equitable basis, the services do not have to be the same in order to be equitable. If the needs assessment reveals that private school children have different special educational needs than public school migrant children, the services offered should address those needs. [See 34 CFR 299.7(c)].

  1. How does an agency determine whether services are equitable?

    ESEA Section 299.7(b)(2) of the regulations provides that services are equitable if the agency:

  1. addresses and assesses the specific needs and educational progress of nonprofit private school children on a comparable basis as public school children.
  2. determines the number of students to be served on an equitable basis.
  3. meets the equal expenditure requirements.
  4. provides nonprofit private school children with an opportunity to participate that–

    • is equitable to the opportunity and benefits provided to public school children.

    • provides reasonable promise that participating private school children will meet the challenging academic standards called for by the state’s student performance standards (or equivalent standards applicable to private school children and agreed upon during consultation between public and private school official.
  1. What happens if, after offering to provide equitable services to private school children, participation is low or the children participate only in some of the services?

    If the private school children’s participation is low or they choose to participate only in some of the services the agency offers, the agency should examine why this is so and, if appropriate, modify the project in a manner that increases participation. If modification of the project does not increase participation and the agency determines that it is not cost-effective to provide services, the agency may terminate the services, so long as this decision is made on an equitable basis.

  1. If children reside in a geographical area served by one LEA but their school is located in a geographical area served by another agency, which agency is responsible for serving them?

    The LEA that serves the geographical area where the school is located is responsible for serving the children. (See ESEA Section 9501[a][1]).

  1. How might an SEA ensure that local operating agencies collaborate with private school officials to provide appropriate services to migrant children enrolled in nonprofit private schools?

    An SEA might use its subgrant application process as one way to ensure that LEAs consult with private school officials in providing services to eligible migrant children. For example, the SEA could establish procedures for refusing to award a subgrant unless the application addresses whether and how the local operating agency consulted with private school officials in designing and developing its migrant education project. Alternatively, the SEA might use its monitoring process to ensure that local operating agencies meet this requirement.

  1. May MEP personnel go on the premises of religiously affiliated nonprofit private schools to provide MEP instructional services?

    Yes. MEP personnel may provide direct services to eligible private school migrant students on site at nonprofit private schools, including religiously affiliated schools.

  1. What can a small rural LEA with a small MEP allocation do to provide equitable services to private school children?

    Rural LEAs may have special problems because of small allocations, large distances between nonprofit private schools, and few locations to provide services. These agencies may consider leasing rather than purchasing equipment, renting a neutral site, or using home tutoring to provide equitable services. They may also consider setting up a joint project with neighboring operating agencies and submitting a combined application.

Additional information on MEPs can be accessed on the ED External link opens in new window or tab. Web site .

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

Title II, Part A, provides assistance for preparing, training, recruiting, and retaining high-quality teachers. The amount of funding available for services to private school personnel is governed by ESEA Section 9501, which requires equitable participation of nonprofit private school teachers and other educational personnel to the extent that the LEA, consortium, or entity uses its funds for professional development.

In accordance with ESEA Section 1114, professional development activities may include:

Questions and Answers

  1. How does an LEA, consortium, or entity determine the amount of funds required for equitable services to private school educational personnel?

    Funds provided for professional development for private school teachers must be equal to the amount spent for public school teachers, on a per pupil basis. Hence, on a per pupil basis, expenditures for professional development for public and private school teachers must be equal. The federal statute expects that the LEA, consortium, or entity spends, at a minimum, the amount expended by the LEA, consortium, or entity for professional development in 2001-02 under the Eisenhower Professional Development and federal Class-Size Reduction programs.

    To determine the per pupil allocation under ESEA Section 1113, LEAs, consortia or entities may take the total amount Title II, Part A allocated for professional development in the district and divide this amount by the total number of public school students and private school students (enrolled in private elementary and secondary schools in the area served by the LEA, consortium, or entity) to arrive at a per pupil amount. This per pupil amount is to then be multiplied by the total number of students enrolled in nonprofit private schools to arrive at a total amount of funds to be designated for professional development for private school educators participating in the program.

Note that the Private School Affidavit filed annually by the private school includes enrollment numbers reported by the private school. The information filed in the Private School Affidavit is not verified and the CDE takes no position as to its accuracy. It is expected that districts engaged in private school consultation verify nonprofit status and the accuracy of student enrollment data if it is being used for the purpose of providing equitable services. If a discrepancy is found, the district should notify the CDE by sending an e-mail to privateschools@cde.ca.gov.

When calculating the total amount of funds to be used for professional development, an LEA, consortium, or entity may first deduct the cost of administering the professional development program under Title II, Part A, including activities for private school educators (ESEA Section 1120). See question D11.

  1. What happens if an LEA, consortium, or entity decides not to use any of its Title II, Part A, funds for professional development? How does the LEA, consortium, or entity meet its obligation to provide for the equitable participation of private school educators?

    Under Uniform Provisions the LEA, consortium, or entity must set aside Title II, Part A, funds for professional development for private school educators, even if the district decides not to use any of these funds for professional development activities for their own teachers. For purposes of determining the amount of Title II, Part A, funds that an LEA, consortium, or entity must reserve for services to private school educational personnel, the statute creates a presumption that the LEA, consortium, or entity is spending at least as much for professional development under Title II, Part A, as it did in 2001-02 under the Eisenhower Professional Development and federal Class-Size Reduction programs. The total amount of funds expended by the district for professional development under these prior grant programs would be the basis for determining the per pupil amount and total allocation for private school educators.

    This is an ongoing requirement. That is, as long as the LEA, consortium, or entity receives Title II, Part A, funds, it must assume that it is spending at least as much for private schools professional development under Title II, Part A, as it did in 2001-02 under the Eisenhower Professional Development and federal Class-Size Reduction programs for purposes of calculating the equitable amount of funds to be spent on professional development for private school educators.

  1. How does the LEA, consortium, or entity ensure that it is providing equitable services?

    In order to ensure that it is providing equitable professional development services to private school educational personnel, the LEA, consortium, or entity should consider ways to:

  1. What are some of the eligible activities under this program in which private school teachers and other educational personnel may participate?

    As with any activity sponsored by the LEA, consortium, or entity for public school educators, activities supported with Title II, Part A, funds benefiting private school educators must meet the requirements of Title II. ESEA Section 2101 states that activities carried out for private school personnel must be based on a review of scientifically based research and must be expected to improve student academic achievement. Thus, only activities meeting these standards are eligible for funding.

    Professional development activities may include:

  1. Does the professional development program for private school teachers have to be the same as the professional development program for public school teachers?

    No. According to Uniform Provisions, consultation and coordination are essential to ensuring high quality, sustained, intensive, and classroom-focused professional development activities for private school teachers. LEAs, consortia, or entities must assess the needs of private school educators in designing the professional development program for private school teachers. If the professional development needs of the private school educators are different from those of public school educators, the LEA, consortium, or entity, in consultation with private school representatives, should develop a separate program with the private schools’ equitable share. In designing the program to meet the needs of nonprofit private schools, an LEA, consortium, or entity may "pool" the funds for the schools and allow the nonprofit private schools to do joint planning.

  1. What happens if an LEA's, consortium's, or entity's professional development offerings address some, but not all, of a private school's needs? How are costs calculated for nonprofit private school participation in these activities and how does this affect the total nonprofit private school allocation?

    After consultation, an LEA and nonprofit private school may decide that the LEA's professional development activities address some of the nonprofit private school's needs, but not all. Therefore, they may determine that the nonprofit private school should participate in those activities and receive a reduced allocation to address its other needs. This reduction in allocation would reflect the cost of a nonprofit private school's participation in a district’s activity.

    To arrive at the reduced allocation the LEA would determine the cost of the professional development activity that the nonprofit private school wants to attend, then divide the total cost by the number of total participants in order to arrive at a per participant figure for that particular district offering. The district would then multiply the number of private school attendees by the per-participant cost. This would provide the nonprofit private schools with the cost for participating in the activity. The district would then deduct this amount from the total nonprofit private school allocation. The nonprofit private schools in consultation with the LEA would be able to use the remainder of the nonprofit private school’s "allocation" for other activities that address the private school teachers' needs.

  1. May funds be used to support the acquisition of advanced degrees by private school teachers?

    Yes. ESEA Section 2113 states that an LEA, consortium, or entity may use Title II, Part A, funds to support a teacher's acquisition of an advanced degree, including the acquisition of a California State Teaching Credential, if the degree program is consistent with the results of the needs assessment conducted for private school teachers. The financial support must be for graduate courses that would enable the teacher to provide more effective instruction.

  1. May funds be used to pay stipends to private school educators participating in a Title II, Part A, Improving Teacher Quality Grant professional development program?

    Yes. Title II, Part A, funds may be used to pay for stipends for private school educators. The use of funds for stipends must be reasonable and necessary. For example, if the professional development activity is conducted during after-school hours or in the summer, stipends may be needed to compensate teachers for their participation outside their regular employment hours. The stipends must be paid directly to the private school teachers for their own use and not to the nonprofit private school.

  2. Should public school districts take out a STRS contribution from the stipends awarded private school teachers who participate in ESEA activities?

    No. The public school district should not take out a STRS contribution from the stipends awarded to private school teachers who participate in ESEA activities.

  3. May Title II, Part A, Improving Teacher Quality Grant funds be used to pay for substitute teachers who replace teachers from nonprofit private schools while they attend professional development activities?

    No. The Title II, Part A, program does not authorize payments to nonprofit private schools to be used for hiring substitute teachers.

  4. May Improving Teacher Quality State Grant funds be used to pay any portion of a private school teacher's salary or benefits?

    No. While LEAs, consortia, or entities must set aside an amount of Title II, Part A, funds for the equitable participation of private school teachers in professional development activities, funds may not be used to pay or subsidize any portion of a private school teacher’s salary or benefits.

  5. May administrative costs be considered in determining the per-teacher expenditures for private school teachers?

    Yes. LEAs, consortia, or entities pay the costs of administering professional development programs for public and private school educational personnel "off the top" of their total allocation. This is calculated before determining how much of the Title II, Part A, funds are to be made available for professional development of public and private school educators. Federal funds received are to be used to supplement, not supplant, non-federal funds (ESEA Section 2123).

    To determine the amount of Title II, Part A, funds that an LEA, consortium, or entity must make available for equitable services to private school educational personnel, the LEA, consortium, or entity must assume that it is spending at least as much for professional development under Title II, Part A, as it did in 2001-02 under the Eisenhower Professional Development and federal Class-Size Reduction programs. This amount cannot be reduced by charging administrative costs to this portion.

  6. Must the LEAs, consortia, or entities administer and retain control over the Title II, Part A, Improving Educator Quality Grant funds used to serve private school educators?

    Yes. The LEA, consortium, or entity must administer and retain control over the funds and, therefore, may not provide program funds directly to nonprofit private schools.

  7. May professional development activities be conducted at a private school?

    Yes. Professional development activities may be conducted on nonprofit private school premises.

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Title II, Part B – Mathematics and Science Partnerships

Title II, Part B, the Mathematics and Science Partnerships (MSP) program, provides funds to improve mathematics and science teaching through a variety of activities.  The California Mathematics and Science Partnership (CaMSP) grant program, administered by the Mathematics and Science Leadership Office in the CDE, is dedicated to increasing the academic achievement of students in mathematics (grade five through Algebra I) and science (grades four through eight) by enhancing the content knowledge and teaching skills of classroom teachers through professional learning activities.

Partnerships must include a high-need LEA and an engineering, mathematics, or science department of an institution of higher education (IHE).

In accordance with ESEA Section 2201, nonprofit private schools may be members of these partnerships. The MSP program is governed by the Uniform Provisions and requires the equitable participation of teachers who teach in nonprofit private schools, including religiously affiliated schools, located in districts where grants are awarded. Prior to submitting a grant request, each LEA in the partnership must engage in timely and meaningful consultation with representatives of nonprofit private schools regarding the needs of their teachers as related to improving mathematics and science teaching.

Questions and Answers

  1. Which nonprofit private schools must be consulted during the consultation process for Title II, Part B?

    The consultation process must inform private nonprofit schools of all services they are eligible to receive under ESEA, including those funded under Title II, Part B. The Consolidated Application includes a list of appropriate nonprofit private schools that LEAs are to involve in the consultative process. The CDE Web page Private Schools Directory also maintains a list of private nonprofit schools that may enroll students who are eligible for services under the federal ESEA program.

  1. What type of documentation is required regarding the nonprofit private school consultation process for CaMSP funded by Title II, Part B?

    ESEA, Section 1120(b), requires that each LEA must maintain, in the agency's records, written affirmation signed by officials of each participating nonprofit private school that the required consultation has occurred. When the CDE conducts a district coordinated compliance review, it will check these documents for appropriate signatures.

  1. Does the competitive CaMSP application require the LEA to include language in the application about the nonprofit private school consultation process and participation?

    No, the LEA does not need to explain what it did to satisfy this requirement in the application. However, the assurances for the CaMSP competitive grant program under Title II, Part B, require that each LEA, upon request, must provide the CDE with a copy of written affirmation that the required consultation has occurred.

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Title II, Part D – Enhancing Education through Technology

The Enhancing Education through Technology (EETT) program provides funds for innovative initiatives to support the integration of educational technology into classrooms to improve teaching and learning. Activities may include professional development in technology integration and the use of the Internet, distance-learning initiatives, acquiring educational technology, and using technology to enhance parental involvement. This program is governed by the Uniform Provisions and requires the equitable participation of students and educators in nonprofit private schools located in school districts that receive a Title II, Part D, grant.

Questions and Answers

  1. What do the equitable participation provisions in Title II, Part D, require LEAs, consortia, or entities to do?

    LEAs, consortia, or entities must engage in timely and meaningful consultation with appropriate private school officials during the design and development of programs and continue the consultation throughout the implementation of these programs. Therefore, for both EETT formula and competitive awards, the consultation should begin during the development of the local grant proposals. Eligible LEAs, consortia, or entities that seek both competitive and formula funding under EETT may engage in consultations that simultaneously involve the Education Technology competitive and formula grants.

    LEAs, consortia, or entities must provide, on an equitable basis, educational services or other benefits that address the educational technology needs of students, teachers, and other educational personnel in nonprofit private schools in areas served by the LEAs, consortia, or entities.

    Activities delineated in ESEA Section 2402 include professional development in technology integration and the use of the Internet; distance learning initiatives; acquiring educational technology; and using technology to enhance parental involvement.

  1. Must the expenditures that the LEA, consortium, or entity provides for private school educators be equal on a per-pupil basis to that provided to public school educators?

    Title II, Part D, services for private school students, teachers, and other educational personnel must be equitable in relation to services to public school students, teachers, and other educational personnel under Uniform Provisions. The law also requires that funds for nonprofit private schools be equal on a per-pupil basis. Hence, on a per-pupil basis, expenditures for public and private school students and educators must be equal.

    The per-pupil allocation is based on the number of eligible students "enrolled in private elementary schools and secondary schools in areas served" by the school district. Residence is not a factor.

  1. Who has control of the funds?

    ESEA Section 2414 states that the LEA, consortium, or entity maintains control of funds used to provide services under Title II, Part D. It also maintains title to materials, equipment, and property purchased with those funds.

Additional information can be found on the CDE Enhancing Education Through Technology Web page.

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

ESEA Section 3102 describes the goals of the English Language Acquisition, Language Enhancement, and Academic Achievement program. It provides funds for helping English learners (EL) (known as Limited English Proficient [LEP] in federal law) and eligible immigrant students attain English proficiency and meet the same challenging state academic content and student achievement standards as all students are expected to meet. Private school students, teachers, and other educational personnel whose schools are located within an LEA, consortium, or entity that receives a Title III, Part A grant from the state are eligible to participate in this program, as specified in the Uniform Provisions.

Questions and Answers

  1. What is meant by "equitable" participation by public and private school students and educational personnel in a Title III program?

    Participation is considered to be equitable if the LEA, consortium, or entity:

  1. Must an LEA's, consortium's, or entity's Title III program design be the same for both public and private school students and educational personnel?

    No. Consultation and coordination between LEA, consortium, or entity and private school officials are essential to ensure a high-quality program that meets the needs of the students being served and assists those students in attaining English proficiency and meeting the same challenging standards as all students are expected to meet. The LEA, consortium, or entity must assess the needs of private school students, teachers, and other educational personnel in designing a program that meets their needs. If their needs are different from those of public school students, teachers, and other educational personnel, the LEA, consortium, or entity, in consultation with private school officials, must develop a separate program design that is appropriate for their needs.

  1. What topics need to be addressed by the LEA in order to conduct a meaningful consultation with the nonprofit private school in the design and development of Title III programs, services, or products to be provided?

    To ensure timely and meaningful consultation, the LEA must consult with appropriate private school officials during the design and development of the Title III program on issues such as:

  1. Does the Title III requirement on language qualifications for teachers providing Title III services to public school students apply to teachers providing these services to private school students?

    Yes. Like teachers serving public school EL students, and teachers providing Title III services to private school students must be fluent in English and any other language used for instruction.

  1. What process should be used to identify LEP students in nonprofit private schools?

    The CDE recommends that nonprofit private schools make an agreement with the LEA to use procedures similar to those used by public schools to identify private school students eligible for Title III services (California EC sections 52164 and 62002). The LEA is responsible for the oversight and costs of initial identification. The process is as follows:

  1. How is student eligibility determined for Title III, Part A programs?

    Immigrant children and youth are defined as students who:
  1. are aged 3 through 21;
  2. were not born in any State; and
  3. have not been attending one or more schools in any one or more States for
    more than 3 full academic years.

    Section 3301(14) of the ESEA defines State as each of the 50 States, the district of Columbia, and the Commonwealth of Puerto Rico.

Nonprofit private schools are required to submit the Student National Origin Report (SNOR) on an annual basis. The SNOR consists of a count of all foreign-born students who have been enrolled in any U.S. school within kindergarten through twelfth grade (K-12) span for a period of three full academic years or less. Specific instructions are contained in the SNOR form and the Directory of National Origin Names and Country Codes located on the CDE SNOR Web page.

Additional information about Title III can be found on the CDE Title III FAQs Web page.

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Title IV, Part A – Safe and Drug-Free Schools and Communities: Overview

The Safe and Drug-Free Schools and Communities Act supports programs that foster a safe and drug-free learning environment.

Although ESEA sections 4114 and 4115 specify a variety of activities that may be supported with Safe and Drug Free Schools and Communities funds, ESEA Section 4115(a)(1)(A) and (C) require that choice of activities be based on analysis of objective data and scientifically based research that provides evidence that the program to be used will reduce violence and illegal drug use. The CDE has compiled lists of science-based programs, consistent with the definition in ESEA Section 9101(37). LEAs and nonprofit private schools should refer to this list of science-based programs during their timely and meaningful consultation, as LEAs are restricted to purchasing programs only found on this list. Nonprofit private schools s must choose from this list; they are not restricted to only those programs that have been chosen by the LEA for its public school students.

Participation in the California Healthy Kids Survey (CHKS) is also within the range of services available to nonprofit private schools. Although nonprofit private schools should base their choice of program on objective data, they are not required to participate. Participation in the CHKS is also dependent on maintaining the anonymity of the students responding to the survey. If the number of students in the private school is not sufficient to maintain anonymity, the survey should not be administered.

In addition, equitable participation of private school students and teachers is also required in the Title IV, Part A, Discretionary Grant Programs, which includes: Safe Schools/Healthy Students initiative, National Coordinator Program, Community Service Grant Program, Grants to Reduce Alcohol Abuse, Emergency Response and Crisis Management Plans, Mentoring Programs, Demonstration Grants for Student Drug Testing, and Programs for Native Hawaiians. Discretionary grant programs are not necessarily funded each year. Although the Community Service Program is contained in the national programs section, it is a formula rather than a discretionary program.

Questions and Answers

  1. Which private school students can receive Title IV, Part A, services?

    Under Uniform Provisions any student attending a nonprofit private school within the boundaries of the LEA, consortium, or entity and whose school chooses to participate in the program may receive services.

  1. Must an LEA's, consortium's, or entity's Title IV, Part A, program design be the same for
    both public and private school students and educational personnel?


    No. To the extent consistent with the number of students who are enrolled in private elementary and secondary schools in areas served by the LEA, consortium, or entity, the LEA, consortium, or entity shall, after timely and meaningful consultation with appropriate private school officials, provide to those students and their educators educational services or other benefits that address their needs under the program.

    The required consultation shall occur before the LEA, consortium, or entity makes any decision that affects the opportunities of eligible private school students, teachers, and other educational personnel to participate in programs, and should continue throughout the implementation and assessment of activities.

    Educational services and other benefits provided for private school students, teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public school students, teachers, and other educational personnel participating in the program and shall be provided in a timely manner. These services may or may not be the same as those provided to public school students, teachers, and other educational personnel.

    Expenditures for educational services and other benefits for private school students, teachers, and other educational personnel serving those students shall be equal on a per pupil basis, taking into account the number and educational needs of the students to be served, to the expenditures for participating public school students, teachers, and other educational personnel.

  1. Who may provide the services?

    Services shall be provided:

In the provision of those services, the employee, person, association, agency, organization, or other entity shall be independent of the nonprofit private school and of any religious organization, and the employment or contract shall be under the control and supervision of the LEA, consortium, or entity.

  1. Who has control of the funds?

    The LEA, consortium, or entity maintains control of funds used to provide services under Title IV, Part A. The LEA, consortium, or entity may provide a budget for the year to each nonprofit private school in order to assist in the planning process. It also maintains title to materials, equipment, and property purchased with those funds.

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

 The 21st Century Community Learning Centers (21st CCLC) Program provides before-and after-school (including summer) services to students and their families that include academic enrichment activities, particularly for students who attend low-performing schools, to help them meet state and local student performance standards in core academic subjects. Activities may include expansion of the regular school day, academic enrichment, art, music, tutoring, mentoring, recreation, technology, drug and violence prevention, counseling, character education, and family literacy.

The Uniform Provisions apply to the 21st CCLC Program and require the equitable participation of private school students and education personnel who are part of the target population.

Questions and Answers

  1. Are religious organizations, including entities such as religious nonprofit private schools, eligible to receive 21st CCLC grants from the CDE?

    Yes. Faith-based organizations (FBOs) are eligible to apply for 21st CCLC Program grants provided they meet all statutory and regulatory requirements of this program. A local grantee, including an FBO may not discriminate against beneficiaries on the basis of religion. In matters of program eligibility, the CDE may not discriminate against grant applicants with regard to religion. However, ESEA Section 4204 requires that states give priority to applications submitted jointly by an LEA, consortium, or entity receiving Title I funds and a community-based organization or other agency proposing to serve students in schools in need of improvement under ESEA Section 1116.

    Funds are to be used solely for the purposes set forth in the grant program. ESEA Section 9505 states that no funds may be expended to support religious practices, such as religious instruction, worship, or prayer. FBOs may offer such practices, but not as part of the program receiving assistance; and FBOs should comply with generally applicable cost accounting requirements to ensure that funds are not used to support these disallowed activities. FBOs may wish to keep grant funds in a separate account or accounts to ensure that they are not used inappropriately. Office of Management and Budget (OMB) Circulars A-21 (for educational institutions) and A-122 (for nonprofit organizations) provide further guidance regarding these accounting requirements.

  1. Are private school students, teachers, and other educational personnel eligible to participate in 21st CCLC activities carried out by public schools?

    Yes. Students, teachers, and other educational personnel are eligible to participate in 21st CCLC programs on an equitable basis. A public school or other public or private organization that is awarded a grant must provide equitable services to private school students, their families, and their educators, if those students are part of the population identified for assistance.

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Title V, Part D, Subpart 6 – Gifted and Talented Students

ESEA Section 5466 mandates that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving gifted and talented students.

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Transferring ESEA Funds: Private School Involvement: Overview

An LEA, consortium, or entity may transfer up to 50 percent of each fiscal year’s funds that it receives by formula under the following programs:

An LEA, consortium, or entity that has been identified for program improvement under ESEA Section 1116 may transfer up to 30 percent of each fiscal year’s funds that it receives by formula under each of the programs listed above. All of the transferred funds must be used for LEA, consortium, or entity program improvement activities consistent with the statute. An LEA, consortium, or entity that has been identified for corrective action may not transfer funds from one program to another during the period that it is in corrective action status.

The questions and answers below focus on nonprofit private school involvement in the transferring of funds. A complete guidance on this topic is available at the ED Web site Guidance on the Transferability Authority External link opens in new window or tab. (DOC).

Questions and Answers

  1. Does the LEA, consortium, or entity need approval from the CDE or from the ED to transfer ESEA funds among eligible programs?

    The law authorizes an eligible LEA, consortium, or entity to transfer funds without seeking approval from either the CDE or the ED. Thus, an LEA, consortium, or entity does not have to apply for transferability authority – it already has that authority. However, the LEA, consortium, or entity must notify the CDE of its intent to transfer funds at least 30 days before each transfer occurs.

  1. What steps must an LEA, consortium, or entity take before transferring funds?

    Before transferring funds, an LEA, consortium, or entity must:

  1. How do requirements relating to the equitable participation of private school students and staff apply to funds that an LEA, consortium, or entity is considering for transfer?

    Under Uniform Provisions, each of the programs covered by the LEA’s, consortium's, or entity’s authority to transfer funds is subject to the equitable participation requirements of each title. Thus, before an LEA, consortium, or entity may transfer any funds, it must engage in timely and meaningful consultation with private school officials. With respect to the transferred funds, private school students and teachers are entitled to receive equitable services from the LEA, consortium, or entity under the programs to which the funds are transferred.

    An LEA, consortium's, or entity may not transfer funds to a particular program solely to provide services for private school students and/or educators. Rather, the LEA, consortium, or entity provides equitable services to private school students and educators from the overall funds of a program, including the transferred funds.

  1. May an LEA, consortium, or entity transfer funds more than one time during a year?

    Yes. The law does not limit the number of times an LEA, consortium, or entity may transfer funds during a year.

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