Ensuring Equitable Services to Private School Children Under NCLB, Title I, Part A

1. Ensuring Equitable Services to Private School Children Under NCLB, Title I, Part A Regional Title I Technical Assistance Sessions May, 2009

2. Private School Monitoring Findings Process Findings: • The DDOE has not ensured LEAs document that all required consultation topics have been discussed • The DDOE has not ensured LEAs maintain control of the program delivered in private schools • The DDOE has not ensured LEAs met requirements for selection of private school students eligible for Title I services

3. Private School Monitoring Findings Financial Findings • The DDOE has not ensured LEAs correctly calculate equitable services for parents and teachers of private school children • The DDOE has not ensured LEAs correctly calculate equitable services for all applicable central reservations • The DDOE has not ensured the LEAs exercised proper oversight in awarding contracts for Title I service provision • The DDOE has not ensured the LEAs exercised proper oversight in reimbursing third party providers

4. Process Finding 1: Consultation topics not discussed What is Consultation? Consultation involves discussions between public and private school officials on key issues that affect the ability of eligible private school children to participate equitably in Title I programs.

5. Process Finding 1: Consultation topics not discussed Consultation must: • occur during the design, development, and implementation of Title I programs; • include meetings; and • occur prior to the LEA making any decisions.

6. Process Finding 1: Consultation topics not discussed At a minimum, consultation must address: • How the LEA will identify the needs of eligible children; • What services the LEA will offer; • How and when the LEA will make decisions; • How, where, and by whom the LEA will provide services; • How the LEA will assess the Title I program and use the results to improve Title I services; • The size and scope of the equitable services and the proportion of funds the LEA will allocate for services;

7. Process Finding 1: Consultation topics not discussed • Method or sources of data the LEA will use to determine the number of low-income students; • Services the LEA will provide to teachers and families of participating children; • Discussion of service delivery mechanism the LEA can use; • A thorough consideration and analysis of the views of private school officials services through a contract with third-party provider.

8. Monitoring Resolution 1: The DDOE will • Provide ongoing technical assistance and guidance and • Monitor LEA documentation of private school consultation during October site verification audits by reviewing • Signed LEA Affirmations of Consultation with Private School Officials • See sample documents Tools 1.1A and 1.1B

9. Process Finding 2:LEA control of the program 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.

10. Process Finding 2:LEA control of the program • Private school officials have no authority to make any decision. • LEAs decide which children are eligible to participate in the Title I program • No funds go to private schools • LEAs develop program plans

11. Process Finding 2:LEA control of the program • The LEAis responsible for designing and implementing Title I programs for its resident children who attend private schools, even those attending private schools located in other LEAs.

12. Process Finding 2:LEA control of the program • The LEAis required to develop and implement Title I programs that meet the needs of the Title I participants and the LEAcannot delegate this responsibility to private school officials.

13. Monitoring Resolution 2: The DDOE will • Provide ongoing technical assistance and guidance and • Monitor LEA compliance during the Desk Audit and/or October site verification audits by reviewing • Documentation of how eligible private school students were selected (spreadsheets okay) and • Documentation of LEA financial management of private school programs • Third party provider RFPs and contracts

14. Process Finding 3:Selection of eligible students 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 cannot have schoolwide programs.

15. An LEA may calculate the number of private school children* who are from low-income families and live in participating public school attendance areas in several ways. Process Finding 3:Selection of eligible students • Use same measure of poverty as for public school children. • Use comparable poverty data from a survey and must extrapolate results if actual data are unavailable. • Use comparable data from a different source. • Use an equated measure. • LEA must collect poverty data on their resident low-income children attending private schools in other LEAs. See Section 2 of the Title I Resource Toolkit

16. Process Finding 3:Selection of eligible students • Low-income public and private school children residing in the same Title I attendance areas generate the same per-pupil amount (PPA) • PPA x the number of low-income private school children residing in participating public school attendance areas = instructional funds for the Title I programs for eligible private school children

17. Monitoring Resolution 3: The DDOE will • Provide ongoing technical assistance and guidance and • Monitor LEA compliance during the Desk Audit and/or October site verification audits by reviewing • Documentation of how eligible private school students were selected (spreadsheets okay) and • Poverty data for students receiving services

18. Financial Findings 1&2:Equitable service calculations • LEAs must provide equitable participation from funds reserved under §200.77 of the regulations for the purpose of district wide instructional activities and/or programs* for elementary and secondary public school children. *This requirement does not apply to reservations for program improvement required under section 1116 of ESEA, homeless, pre-k, neglected or delinquent programs.

19. Financial Findings 1&2:Equitable service calculations 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.

20. Financial Findings 1&2:Equitable service calculations Types of services • Direct instruction outside the regular classroom = pull out model • Tutoring • After or before school programs • Saturday programs • Summer school • Counseling • Computer assisted instruction (CAI)

21. Financial Findings 1&2:Equitable service calculations Types of central reservations • Professional development • Parent activities • ELL services • What else???

22. Financial Findings 1&2:Equitable service calculations In participating public school attendance areas: # of Private school Total # of all Proportion children from ÷ public and private = of low-income school children reservation families from low-income families Proportion Amount Amount of of x of = funds for ReservationReservation equitable services** ** May be added to the instructional funds generated by low-income private school children

23. Monitoring Resolution 4: The DDOE will • Provide ongoing technical assistance and guidance and • Monitor LEA compliance during the Desk Audit and/or October site verification audits by reviewing • Documentation of eligible private school equitable service calculations (spreadsheets okay)

24. Financial Findings 3 & 4:Contract Oversight • LEA must follow State procedures for procurement when contracting with a third party. • Contract must be detailed enough so LEA knows that the third party will comply with all Title I requirements. • Invoices from the third party must list administrative and instructional costs as would be required by an audit. • LEA must monitor third party’s performance.

25. Monitoring Resolution 5: The DDOE will • Provide ongoing technical assistance and guidance and • Monitor LEA compliance during the Desk Audit and/or October site verification audits by reviewing • Documentation of LEA financial management of private school programs • Third party provider RFPs, contracts, and invoices • LEA financial coding of third party payments

26. Questions