Equitable Services to Eligible Non-Public Schools

1. Equitable Services to Eligible Non-Public Schools Federal Grant Programs Conference November 2, 2018

2. Federal Programs with Provisions Related to Equitable Services • Two Main Categories: • ESSA • Title I, II, III, and IV • Fund Codes 305, 140, 180, and 309 • IDEA (not to be covered today) • Fund Code 240 (Special Education K-12) • Fund Code 262 (Early Childhood Special Education) • Each category and each grant program has its own equitable services programmatic expectations; • There are, however, common themes/expectations in relation to equitable services: • Right of regular education and special education students to access ‘equitable/proportional’ share of services; • Effective Outreach and Communication; • Meaningful and Ongoing Consultation; • Verifiable Documentation; and • Understanding and willingness by all parties to offer and provide services to eligible private school students.

3. Laws/Regs and Guidance Related to ESSA Equitable Services • Originally under ESEA 1965 • ESEA reauthorized as NCLB in 2002 • NCLB reauthorized as ESSA in 2015 (ESEA sections 1117 and 8501) • Ushered in Significant Changes for Non-Public Equitable services, such as: • Specific topics to be covered in consultation, including: Identification of children’s needs; services to be offered and by whom, where, and when; assessments and evaluation of services; how funds are calculated and in the case of Title I how low income data is determined, etc.) • ‘Goal’ of reaching agreement; • How funds are calculated for each title program; • Transfer/Flexing of funds requirements; • Clarification of complaint procedures/timing; and • Appointing of Ombudsman.

4. Your Main Responsibilities Related to Equitable Services • Find Non-Public Schools; • In-district schools for Titles I, II, III, and IV • Outside-district schools for Title I • Student(s) residing in your district who would have attended a school in a Title I-served attendance area (confusing and counterintuitive) • Reach out to them; • Use DESE’s sample ‘offer of consultation’; • Set up consultation meeting individually or together; • Get Agreement/non-Agreement sign off using ‘Consolidated Affirmation of Consultation’;

5. Your Responsibilities, continued…. • Transfer results of agreement to section of ESSA consolidated workbook (Private School Services tab) and attach Affirmation of Consultation in EdGrants; • Implement services in collaboration with non-public participating schools; best to get going early in school year; • Communicate with participating schools as much as possible to ensure that services are moving along, check out what they are doing, promote interaction; it’s the best practice; • Keep good records of outreach (return receipt hardcopy and/or email) • Set reasonable deadlines; DESE has no mandated deadlines.

6. Finding More Information about Equitable Services • Go to DESE Website (http://www.doe.mass.edu) then: • to ‘Finance and Funding’ • …..to ‘Funding and Reimbursements’ • ….........to ‘Federal Grant Programs’ • …………….to ‘General Resources for Federal Grant Programs’ • …………………..to ‘Private School Equitable Services under ESSA’: • USED Guidance • ESSA Changes to Equitable Services for Private School Students • QRG • Sample Offer of Consultation • Consolidated Affirmation of Consultation and Agreement • Contact Info for Ombudsman • http://www.doe.mass.edu/federalgrants/resources/equitableservices-essa/

7. Other Important Things to Remember • Funds are NEVER provided directly to private schools; • Use third party provider or pay teachers/other staff through contract using district procurement policies; • Funds benefit students and NOT the school; • District maintains ‘title’ to all materials, computers, or other items purchased ‘on behalf of’ participating private schools; • Use good judgement on this…..don’t have to take back everything, rather need to know that it’s secure and owned by district, expendable supplies don’t have to be returned • Funds CAN be carried over, but ESSA clearly states ‘to obligate funds in the year allocated’; this was put in the law so funds would not be delayed and lost/unspent……law allows for carryover in ‘extenuating circumstances’; and • All instructional support, materials, PD, and activities must be SECULAR, neutral, non-ideological.

8. Some Observations and Challenges • Still substantial clarification going on regarding the law; ESE liaisons take a lot of calls regarding equitable services requirements and particular situations and nuances; • Still some confusion regarding law/changes; • Some resistance to the underlying concept of private school equitable services; • Districts and private schools doing a good job given complexities and changes; • It clearly adds a burden, additional work for all parties; ESE recognizes burden……here to help………just ask; • No complaints have been filed by private schools; five school district have asked for Department presence at consultations to help with technical assistance and reaching agreement; so far so good; and • Need to reiterate that the most important thing is to communicate with each other, and even better to meet personally.