Dear Select County and District Superintendents:

2020–21 Title III English Learner Student Program Subgrant:
Private School Participation

Under Title III, Part A, Section 3114(d)(1) of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act, the California Department of Education (CDE) is required to provide subgrant awards to local educational agencies (LEAs) that meet eligibility requirements for participation in the Title III English Learner (EL) Student Program Subgrant. LEAs are also eligible to apply for Title III EL Student Program Subgrant funding to provide equitable services to eligible EL nonprofit private school students that reside within their geographical jurisdiction.

Eligibility for Title III EL Student Program Subgrant funding is based on the number of eligible EL students enrolled in public and private schools. LEAs that receive Title III EL Student Program Subgrant funding are required to serve EL students enrolled in private schools whenever the administration of a particular private school requests to participate. To view the private schools instructions on data collections, reimbursement and program guidance, please visit the CDE Instructions: Other ESEA Nonprofit Participation web page at https://www.cde.ca.gov/fg/aa/co/ca21winst2andt3npsp.asp.

On an annual basis, LEAs must consult with private schools within their geographical jurisdiction to determine whether the private schools’ students and teachers will participate in the Title III EL Student Program as part of the ESEA programs available to them. To ensure timely and meaningful consultation, the LEA must consult with appropriate private school officials to address Title III program provision of equitable services. The LEA in consultation with the private school, together, develop a Memorandum of Understanding (MOU) to include at a minimum, a description of the equitable services (programs, services and/or products) to be provided, the estimated costs, and the dates of provision. As with other federal programs, LEAs should begin the annual Title III consultation process with the private school officials early to design appropriate equitable services so that those services can begin at the beginning of the school year.

LEAs may not allocate Title III EL Student Program Subgrant funds directly to private schools, but instead, the LEA must provide equitable services to eligible EL students enrolled in the private schools.

Federal guidance on meaningful consultation between private schools and LEAs can be found on the U.S. Department of Education, Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements under the ESEA, as amended by ESSA, web page at https://www2.ed.gov/policy/elsec/leg/essa/essaguidance160477.pdf.

For Title III EL notification of allocation and equitable services proportional share calculations and guidance on meaningful consultation between private schools and LEAs, please visit the CDE Equitable Services Ombudsman web page at https://www.cde.ca.gov/sp/sw/t1/ombudsmaneqservices.asp.

If the private school declines to participate in the Title III EL Student Program, documentation of the meaningful consultation, dated and signed by private school official, must be kept on file at the local level, and made available during a federal program monitoring review.

Pursuant to ESEA Title VIII, Section 8506(d), LEAs may not mandate, direct, or control the curriculum of a private school. LEAs are required under Title VIII uniform provisions to consult with the private school officials about how the Title III, Part A services provided to private schools and teachers will be assessed, and how the results of the assessment will be used to improve those services (ESEA Title VIII, Part F, Section 8501[c][1][D]), but may not impose additional requirements not authorized by federal law. For a sample MOU, please visit the CDE Title III EL Private School Participation web page at https://www.cde.ca.gov/sp/el/t3/elprivateschools.asp.

If you have any questions regarding the private school participation in the Title III EL Private School Program, please contact Geoffrey Ndirangu, Education Programs Consultant, Language Policy and Leadership Office, by phone at 916-323-5831 or by email at gndirang@cde.ca.gov.

Sincerely,

/s/

Veronica Aguila, Ed.D., Director
English Learner Support Division

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