This is an accessible alternative version of a 25-slide PowerPoint (PPT) presentation found at California Department of Education’s (CDE) Web page Consultation Practices That Work (PDF). The PPT explains the consultation mandated by the No Child Left Behind Act of 2001 (NCLB) between public school districts and not-for-profit private schools located within the district’s boundaries. The PDF (non-AAV), posted as a PDF, should be the version selected by most users.
George Olive, Education Programs Consultant
Professional Development and Curriculum Support Division
Elementary Education Office
The PowerPoint presentation offers an approach to and resources for both public and private school officials who are responsible for the design and delivery of NCLB programs and services for private school students, staff and parents. The twenty five slides are broken into nine sections.
- Supports for NCLB Consultation at CDE
- Links to Guidance Documents Covering Consultation and Federal Title Programs
- Annual Consultation between Public and Private Schools Has Six Desired Outcomes
- Outcome #1-Communications Should Be Collegial
- Outcome #2-Private Schools Should Understand How the LEA will Meet NCLB Requirements for Consultation
- Outcome #3-Private Schools Should Understand How the Federal Government's Annual Education Grants Support California Programs in Grades Kindergarten Through 12 Under NCLB and Titles I through V
- Outcome #4-Consultation Should be Timely Each Year
- Outcome #5-Consultation Should be Meaningful Each Year
- Outcome #6-What is Equitable Participation?
The Elementary Education Office (EEO) at the California Department of Education (CDE) each year completes three tasks to support the NCLB consultation process. First, using the Private School Affidavit, the Office collects California private school data. Second, having used this data to create the online Private School Directory, the Office reports data for California’s not-for-profit private schools to the Consolidated Application Office at CDE. Third, EEO serves as a resource to private and public school officials as they comply with NCLB consultation requirements. In addition, EEO facilitates access to non-regulatory guidance and other technical information about federal programs and CDE systems, provides links to helpful federal offices, and provides samples of consultation practices that work.
Links to Guidance Documents Covering Consultation and Federal Title Programs
California Guidance Document, an online CDE document written for California schools that addresses consultation and technical information about federally funded programs in Titles I through V.
Federal Office of Non-Public Education , a Web link for the office at the Department of Education that oversees private school-related programs and services for private schools nationally. This Web page includes links to each NCLB Title I through V and the sub-parts covered by these grant programs.
Federal Title IX Guidance (DOC), an online document that addresses "uniform provisions" for consultation about programs and services that must be offered by public school districts to NCLB-eligible private schools.
Federal Title IIA Guidance (DOC), an online document that addresses consultation and general technical background for Title IIA, which funds teacher and principal training and recruiting.
Annual Consultation between Public and Private Schools Has Six Desired Outcomes
As public school districts and other local education agencies (LEA) initiate annual consultation with eligible private schools in order to design and deliver programs and services for students, staff and parents at California private schools, six outcomes should be kept in mind:
- Consultation is intended to be collegial, with the LEA collaborating with eligible private schools.
- Private schools should understand how the LEA will meet the NCLB requirement for consultation.
- Private schools should understand how the federal government’s annual education grants support California K–12 programs under NCLB and Titles I through V.
- Consultation should be timely each year.
- Consultation should be meaningful each year.
- Equitable participation in quality programs and services for private school students and staff should result from annual consultation.
Outcome # 1
Communications should be collegial if public school officials guide private schools in timely fashion through these program design decisions:
- How the private school student’s needs will be identified;
- What programs or services will be offered to meet those needs;
- How and where the programs/services will be provided;
- Who will provide the services;
- How program evaluation occurs and how evaluation results will be applied; and
- How services for private school students will be equitable to those for public school students.
See Title IX Guidance (DOC) for more detail about consultation topics in question #D-7.
Private schools should understand how the LEA will meet the NCLB requirement for consultation, including:
- Each federal title’s purpose and the district’s NCLB calendar and process;
- The district’s fiscal calendar and deadlines;
- The district’s procedures for third party contracts;
- Reliable sources for federal funding news, i.e. Web links; and
- Access to federal and State NCLB guidance (as noted above)
Private schools should understand how the LEA establishes administrative costs to operate federally funded programs:
- Administrative costs reduce the per student share for LEA and for private schools;
- LEAs can charge up to indirect cost rate of the LEA’s entitlement “off the top” as an administrative cost;
- LEAs will explain any transfer between federal funds; and
- “Poverty” can be used as part of the calculation: See Title IX Guidance, Part E, Expenditures
Private schools should understand how a per student equitable share is calculated as a basis for level of services under Titles IIA, IV, V. The standard steps are:
- The LEA uses private school enrollments from Con App I, page 4;
- CBEDS + private schools’ enrollments = divisor;
- LEA’s entitlement (minus administrative costs) divided by this total enrollment = per pupil share for the LEA and for private schools; and
- Per pupil share X each private school enrollment = that private school’s share of Titles IIA, IV and V.
Private schools should understand how equitable services and programs for their Title I-eligible and Title III-eligible students are planned:
- The method of identifying eligible students is the first decision. A common source for guidance should be CDE’s Title I Services for Students in Private Schools. The CDE Title I resource person is Jyoti Singh at email@example.com or at 916-319-0372; and
- For identification of Title III LEP students, a common source of guidance should be CDE's Title III FAQs: Private Schools. The Title III resource person at CDE is Carlos Rivera at CRivera@cde.ca.gov or at 916-319-0845.
Consultation will develop positively if private schools understand how the federal government’s annual education grants support California programs in grades kindergarten through twelve under NCLB and Titles I through V. Important points include:
- The general schedule of information and actual release of federal grant funds with which LEAs must work;
- Federal and State guidelines for the use of unspent (carryover) funds. Officials involved in consultation should understand Title IX Guidance (DOC), questions F-8, F-9;
- CDE’s most current federal funding information available to private schools at Consolidated Application Program Entitlements Web page; and
- The differing opportunities for private schools available through federal entitlements and competitive grants.
Private schools should understand the hold harmless provision in Title IIA.
- Hold harmless protects a minimum level of programs/service for private schools, based on the LEA’s 2001-02 use of federal funds for professional development, and set at a specific funding level available through CDE; and
- The CDE resource person to get specifics about Title IIA and the hold harmless provision is Jackie Rose at firstname.lastname@example.org or at 916-319-0247
Consultation should be timely each year, starting early enough to allow private school services to begin when public school services do.
General practices that have worked for LEAs with timely consultation in place include:
- Following a predictable rhythm of meetings and requested documents that encourages inclusion for the maximum number of eligible private schools in the consultation process;
- Allowing time between meetings and deadlines for groups of private schools to follow their own collaborative decision-making process; and
- Establishing a thorough agenda for consultation in late winter/early spring so NCLB-funded services and programs can begin at private schools when school starts in August.
Following a predictable rhythm of meetings and requested documents.
- The NCLB consultation process functions most smoothly when it is distributed across 16 to 18 months, with the first four to six months used to plan for the programs and services to be implemented the following school year.
- Preparation for and initiation of consultation occurs in January, February and/or March, depending on the number of private schools with which the LEA must consult.
- Needs assessment and program planning can carry into the summer.
- Properly functioning consultation results in program implementation for private school students and staff at the same time implementation occurs for public school children and staff.
Allow time for groups of private schools, i.e. schools with similar needs, to pursue their own collaborative processes.
A thorough agenda for consultation might begin with a meeting in March that covers the following items:
- Welcome to new and returning private schools
- Explain/review NCLB processes and federal grant programs (i.e., Titles I through V)
- Distribute ‘Intent to Participate’ form
- Present federal funding estimates
- Agree to a meeting schedule, deadlines through next school year
- Budget practices: District forms, deadlines
- Introduce Business Office personnel
- Set realistic encumbrance deadlines, ample warning for private schools to implement plans
- Active current year NCLB program updates
- Review current private school programs
- Final cost decisions for any current year private school summer programs
- Plans for next year’s NCLB programs Deadline for private school needs assessments
- Review FINAL federal funding figures for current year
- Review federal funding PROJECTIONS for next year
- Initiate private school program evaluation, needs assessment as basis for next year’s program
- Distribute any revised federal Guidance
- Schedule individual school consultations as needed
For consultation to be meaningful each year,
The LEA should:
- Establish a collaborative process with eligible private schools located within the district;
- Allow ample time for private schools’ needs assessment, program design, and evaluation of results;
- Set mutually agreeable final deadlines for required documentation;
- Assure balance of LEA control and meeting private school needs; and
- During planning phase, inform private school of grant application deadlines, i.e. Titles IIB, IVB.
For consultation to work, eligible private schools should be:
- Contacted annually;
- Participants in a decision-making process, not recipients of a single offer of service; and
- Guided to resources that will meet their students’ needs and help staff build identified professional skills.
What does the term equitable participation mean?
Federal law requires that programs and services for private school students and staff are equitable to those received by public school students and staff.
- Federal guidance says: ‘…ESEA requires that expenditures for services to private school students, teachers, and other… personnel be equal to the expenditures for the public school program, taking into account the needs of the children to be served…’ (Title IX, Part F)
Consultation results in equitable programs and services when:
- Private school needs drive program design just as public schools plan using data;
- The LEA offers participation in its programs as an option to private school staff;
- Qualified third party providers are considered as an option to meet private school needs;
- The LEA makes a good faith effort to establish each private school’s equitable share as transparently as possible; and
- Private schools have access to the guidance and information needed to identify quality resources.
Equitable services go to private schools, not actual dollars.
- Non-profit private school enrollments are used in the calculation to establish federal grant entitlements; but
- Private schools do NOT receive funds.
- Under certain circumstances, private school teachers CAN be reimbursed for planned course work.