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Equitable Services Frequently Asked Questions

Under Title I, Part A of the Elementary and Secondary Education Act as amended by the Every Student Succeeds Act

The Title I, Part A Equitable Services Frequently Asked Questions are intended to help local educational agencies (LEAs), and other stakeholders understand the statutory requirements for statewide equitable services for eligible children (students) attending nonprofit private elementary and secondary schools under Title I, Part A of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA).

Frequently Asked Questions

  1. How does the LEA determine which children (students) enrolled in participating nonprofit private schools are eligible for equitable services?

    Children (students) attending participating nonprofit private schools identified by the LEA as failing, or most at risk of failing, and reside in the LEA participating school attendance area are eligible for equitable services (ESEA sections 1115(c)(1)(B) and 1117(b)(1)(F)).

    Educational services and other benefits for eligible private school children (students), who are enrolled in private elementary schools and secondary schools, shall be equitable in comparison to services and other benefits for public school children (students) and shall be provided in a timely manner (ESEA sections 1117(a)(1) and 1117(a)(3)(A)).
  2. May the LEA reserve any funds from the Title I, Part A entitlement before determining the proportional share for equitable services for eligible children (students) attending participating nonprofit private schools?

    No. The LEA shall determine the proportional share of funds based on the total amount of the Title I, Part A entitlement prior to any allowable expenditures or transfers by the LEA (ESEA Section 1117(a)(4)(A)(ii)).

  3. How does the LEA determine the proportional share of funds for equitable services?

    To determine the proportional share of funds for equitable services (ESEA sections 1117(a)(4)(A) and 1117(c)(1)), the LEA shall:

    • Step 1: Determine the total number of children (students) from low-income families who reside in the LEA participating school attendance area who attend public and nonprofit private schools;
    • Step 2: Determine the total number of children (students) from low-income families who attend nonprofit private schools and reside in the LEA participating school attendance area;
    • Step 3: Calculate the equitable services proportional rate (calculated percentage) by dividing the total number of children (students) from low-income families attending nonprofit private schools by the total number of children (students) from low-income families attending participating public and nonprofit private schools;
    • Step 4: Multiply the proportional rate (calculated percentage) from Step 3 by the LEA’s Title I, Part A entitlement in order to determine the proportional share for equitable services.

     

    Please refer to the table below for an example of the proportional rate (calculated percentage) calculation:

    EXAMPLE OF DETERMINING THE AMOUNT OF TITLE I, PART A FUNDS FOR EQUITABLE SERVICES

    Total Title I, Part A LEA Entitlement Number of Public Schools Low-Income Children (students)

    Number of Nonprofit Private Schools
    Low-Income Children (students)

    Total Number of
    Low-Income Children (students)
    Proportional Rate (Calculated Percentage)
    $1,000,000 1,350 150 1,500 (150/1,500) = 10%

    Formula:

    Total Title I, Part A Entitlement multiplied by the Proportional Rate (Calculated Percentage)
    is equal to the Equitable Services Proportional Share

    Example:

    $1,000,000 x 10% = $100,000

  4. May the LEA reserve funds from the Title I, Part A equitable services proportional share for parent and family engagement activities of participating nonprofit private school children (students)?

    Yes. Educational services and other benefits for eligible private school children (students), who are enrolled in private elementary and secondary schools, shall be equitable in comparison to services and other benefits for public school children (students), and shall be provided in a timely manner (ESEA sections 1117(a)(1) and 1117(a)(3)(A)).

    The LEA shall ensure that teachers and families of the children (students) participate, on an equitable basis, in services and activities developed pursuant to ESEA Section 1116 (ESEA Section 1117(a)(1)(B)).  

    ESEA Section 1116(a)(3)(A) states that the LEA shall reserve at least one percent of the Title I, Part A entitlement to assist public schools to carry out parent and family engagement activities. This applies if the LEA’s Title I, Part A allocation (entitlement plus transfers-in) is $500,000 or more. Such LEAs must reserve an equal percentage from the equitable services proportional share to carry out parent and family engagement activities of participating nonprofit private school children (students).
  5. May the LEA reserve administrative costs from the Title I, Part A equitable services proportional share of funds?

    Yes. The LEA may reserve an amount that is reasonable and necessary from the Title I, Part A, equitable services proportional share to administer equitable services. The LEA should discuss administrative costs for implementing equitable services during consultation with appropriate nonprofit private school officials. Please note: the California Education Code (EC) Section 63001 requires LEAs to spend no less than 85 percent of funds received from specific programs, including Title I, Part A at school sites for direct services to students. The maximum allowable amount for administrative costs, including indirect costs, cannot exceed 15 percent.

  6. May the LEA reserve costs for other allowable activities from the Title I, Part A equitable services proportional share of funds?

    Educational services and other benefits for eligible private school children (students), who are enrolled in private elementary and secondary schools, shall be equitable in comparison to services and other benefits for public school children (students) and shall be provided in a timely manner (ESEA sections 1117(a)(1) and 1117(a)(3)(A)).

  7. When shall the equitable services consultation take place?

    To ensure timely and meaningful consultation, the LEA shall consult with appropriate private school officials during the design and development of the LEA’s programs (ESEA Section 1117(b)(1)).

  8. What are the goals of the equitable services consultation agreement?

    The LEA and appropriate nonprofit private school officials shall both have the goal of reaching agreement on how, when, and where to provide equitable services and effective programs for eligible nonprofit private school children (students) and who will provide the equitable and effective programs and services (ESEA Section 1117(b)(1)).

  9. How does the LEA transmit the results of the equitable services consultation agreement to the ombudsman?

    The LEA must transmit the results of the equitable services consultation agreement to the ombudsman designated by the State Educational Agency (SEA) (ESEA sections 1117(a)(3)(B) and 1117(b)(1)). LEAs will transmit the results of the equitable services consultation agreement using the California Department of Education’s (CDE) Consolidated Application Reporting System (CARS).

  10. What documentation does the equitable services consultation include?

    ESEA Section 1117(b)(5) requires each LEA to maintain in the LEA’s records and provide to the SEA:

    • A written affirmation signed by officials of each participating nonprofit private school that the required meaningful consultation has occurred.
    • The written affirmation shall provide the option for nonprofit private school officials to indicate such officials’ belief that timely and meaningful consultation has not occurred, or that the program design is not equitable with respect to eligible nonprofit private school children (students).
    • If nonprofit private school officials do not provide the written affirmation within a reasonable period of time, the LEA shall confirm to the SEA that the documentation is on file in the LEA’s records that such consultation has taken place, or attempts at consultation have taken place.
  11. How will the LEA provide to the SEA the required equitable services consultation written affirmation?

    The LEA shall confirm to the SEA that the signed equitable services consultation written affirmation is on file in the LEA’s records using the CDE’s CARS (ESEA Section 1117(b)(5)).

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Questions:   Title I Policy and Program Guidance Office | TITLEI@cde.ca.gov | 916-319-0917
Last Reviewed: Wednesday, April 19, 2017
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