June 29, 2010

1. DELAWARE DEPARTMENT OF EDUCATION MEETING Title I Equitable Services June 29, 2010

2. Title I Equitable Services AGENDA A. Background B. Requirements C. Instruction D. Professional Development E. Family Involvement F. Evaluation

3. Title I Equitable Services We’re #1!

4. Title I Equitable Services Section 1120 of Elementary and Secondary Education Act (ESEA) requires participating Local Education Agencies (LEAs) to provide eligible private school students, their teachers and families with Title I services or other benefits that are equitable to those provided to eligible public school children, their teachers, and their families.

5. Title I Equitable Services • Low-income parents with private school children are included in the census poverty counts that generate funds the LEA’s use for Title I services. • Child Benefit Theory. WHY?

6. Title I Equitable Services Under the Child Benefit Theory Title I services: • Benefit the individual child, not the private school. • Are provided by the LEA, not the private school. This theory was developed to comply with the Constitutional prohibition against Federal funding to private schools.

7. Title I Equitable Services An LEA must only use Title I funds to meet the needs of the Title I participants. Consequently …. An LEA cannot use any Title I funds to meet the needs of the private school or the general needs of the private school children. Private schools may not operate schoolwide programs.

8. Title I Equitable Services Private schools are NOT Title I schools. Note

9. Title I Equitable Services As a result …. • No parent compacts with the private school. • No targeted assistance plans. • No schoolwide plans. • No requiring private school officials to develop budgets.

10. Title I Equitable Services The LEAis responsible for designing and implementing Title I programs for its resident children who attend private schools.

11. Title I Equitable Services The LEAis required to develop and implement the Title I program that meets the needs of the Title I participants and the LEA cannot delegate its responsibility to private school officials. Note: Private school officials do not develop plans or make budget decisions. This is an LEA responsibility.

12. Title I Equitable Services ALL applicable requirements in the ESEA, the Title I regulations, other applicable laws and regulations, and OMB Circulars A-87 and A-133 apply to the use of Title I funds, including those requiring equitable services for eligible private school children, their teachers and families. Note:ED may not waive the statutory and regulatory requirements relating to equitable services. Questions D-1 and D-6 April 2009 Guidance

13. Title I Equitable Services Ultimately, the LEA is responsible for ensuring that the Title I program is compliant.

14. Title I Equitable Services In order to meet Equitable Services requirements an LEA must – • Provide eligible private school children with an opportunity to participate; • Meet the equal expenditure requirements for instruction, professional development, and parent involvement; • Assess student needs and the effectiveness of the Title I program; and • Begin Title I programs at the same time as the Title I programs for public school children.

15. What steps must an LEA take to design the Title I program to be provided to eligible private school children, their teachers and families? Title I Equitable Services

16. Consultation

17. Consultation Section 200.63 of the Title I regulations requires LEAs to consult with private school officials.

18. Consultation Consultation involves discussions between public and private school officials on key issues that affect the ability of eligible private school students to participate equitably in Title I programs.

19. Consultation • Consultation must occur in a timely and meaningful manner during the: • Design • Development, and • Implementation of the program.

20. Consultation An LEA cannot make any decision on any aspect of the Title I program without first consulting with the appropriate private school officials and providing them opportunities to comment and make suggestions.* *This includes such topics as rank ordering, per pupil allocation (PPA) determinations, program decisions, grade levels served, etc.

21. Timely and Meaningful Consultation When is consultation timely? When is consultation meaningful? It depends ……

22. Meaningful Consultation LEA staff told private school officials that the Title I program must be in grades 1, 2, and 3, the same grades as it is for public school children. FINDING

23. What is Meaningful Consultation? All required topics discussed • How children’s needs will be identified. • Selection criteria. • Services to be offered. • How and when decisions about delivery of services will be made.

24. WHAT IS MEANINGFUL CONSULTATION? All required topics discussed Method and source of data that LEA will use to determine # of low-income children. How services assessed and improved. Size and scope of services. Contract?

25. WHAT IS MEANINGFUL CONSULTATION? All required topics discussed Proportion of funds allocated. Professional development activities for classroom teachers of participants. Activities for parents of participants.

26. What is Meaningful Consultation? Genuine opportunity for all parties to express their views and to have those views heard.

27. What is Timely Consultation? At the time of the monitoring review (November), LEA staff indicated that they had just begun to meet with private school officials to design the Title I program for that school year. FINDING

28. What is Timely Consultation? LEA staff must allow enough time to both discuss all required topics with private school officials and allow sufficient time for the LEA to be able to begin services when they begin for public school students.

29. Consultation LEA must maintain written affirmation signed by each private school official or their appropriate representative that consultation has occurred.

30. Consultation • Roles for Private School Officials in Consultation • Participate in consultation • Provide poverty data • Provide lists of eligible children • Suggest program designs and modifications • Provide a dedicated space for Title I services, if possible

31. Consultation Private school officials have the right to complain to the SEA if the LEA didn’t engage in timely and meaningful consultation or give adequate consideration to the views of private school officials.

32. Consultation • At the end of the consultation process, LEA staff and private school officials should have identified: • Grade(s) to be served. • Subject area(s). • Evaluation. • Selection criteria. • Method and source of data. • Professional development activities. * • Parent involvement activities.

33. Title I Instructional Services

34. Title I Instructional Services Generating Funds for Title I Services Step 1

35. Title I Instructional Services The amount of Title I funding that is available for equitable services is determined by the number of low-income private school children who live in Title I participating attendance areas.

36. Title I Instructional Services Name of Private School: St. John’s School

37. Title I Instructional Services Generating Funds for Title I Services Step 2

38. Title I Instructional Services If the LEA has reserved funds for districtwide instructional activities, equitable services may apply.

39. Title I Instructional Services This requirement does not apply to reservations for: • Homeless, • Pre-k, or • Neglected or delinquent programs.

40. LEA Decisions Can Have a Domino Effect on Title I Equitable Services

41. Title I Instructional Services Example The LEA has reserved funds for a summer school program for all Title I schools or for all Title I elementary schools. Equitable services apply.

42. Title I Instructional Services Example The LEA has reserved funds for a summer school program for all its Title I schools identified for improvement, corrective action, or restructuring. Equitable services do not apply.

43. Title I Instructional Services Calculating the proportionate share

44. TITLE I EQUITABLE SERVICES • The LEA has reserved $25,000 for summer school activities for all of its Title I schools. • # of Low-Income Children from St. John’s residing within the boundaries of a Title I public school. 15 • # of Low-Income Public School Children who attend Title I public schools. 2,385 • 15 + 2,385 = 2,400 • 15 / 2,400 = .63% • .63% of $25,000 = $157.50

45. Title I Instructional Services The LEA must add the $157.50 to the funds already generated for instruction for children from St. John’s School. $6,000 + $157.50 = $6,157.50 There is now $6,157.50 available to provide the Title I instructional program for eligible children attending St. John’s School.

46. Title I Instructional Services Types of services • Direct instruction outside the regular classroom. • Tutoring. • Counseling. • Computer assisted instruction. • After or before school programs. • Saturday programs. • Summer school.

47. Title I Instructional Services Important • Provider of Title I services must be either an employee of the LEA or an employee of a third party under contract with the LEA. • Title I paraprofessionals must be in close proximity and under the direct supervision of an HQ public school teacher. • Private school teachers may be employed by both the private school and the LEA; however, they must be independent of the private school during the time they are employed by the LEA to provide Title I services. • LEA teachers providing Title I services must meet HQT requirements.

48. Title I Instructional Services Instructional costs include: • Salaries and benefits for Title I staff who are providing the Title I services; • Instructional materials, including such items as books, computers and software for student use, workbooks, and supplies that are needed to implement the Title I program. Note: All equipment and supplies purchased for use by private school children are the property of the LEA.

49. Examples of Allowable Instructional Services Extended day programs, Saturday classes or summer school; Providing Title I services to four-year old children who are enrolled ina preschool program offered by the private school; Providing on-line learning for middle and high school Title I students that is closely monitored by the LEA.

50. Eligibility • Private school children who reside in Title I participating public school attendance areas AND are failing or most at risk of failing to meet high standards. • Homeless, 2 preceding years in Head Start, Even Start, Early Reading First, Title I Preschool, Title I, Part C (Migrant Education). • Grades prek – 2 – selected solely on the basis of teacher judgment, interviews with parents, developmentally-appropriate criteria. • Grades 3 and above - selected using multiple selection criteria. • Poverty is NOTa criterion.