Summary of NCLB:
Service to Private School Students
NCLB addresses participation by private school children and teachers in Title IX, Part E, Uniform Provisions, subpart 1, section 9501 located at (http://www.ed.gov/legislation/ESEA02/pg111.html),
Title I located at (http://www.ed.gov/legislation/ESEA02/pg2.html#sec1120) and Title V-A (http://www.ed.gov/legislation/ESEA02/pg58.html) all addressing additional issues regarding the participation of private school children and their teachers.
The Uniform Provisions in Title IX, Title I, and Title V-A apply to:
Title I, Part A – Improving Basic Programs Operated By Local Educational Agencies.
Title I, Part B – Student Reading Skills Improvement Grants:
· Subpart 1, Reading First and,
· Subpart 3, Even Start.
Title I-C – Education of Migratory Children
Title II – Preparing, Training and Recruiting High Quality Teachers and Principals
· Part A, Teacher and Principal Training and Recruiting Fund
o Only to the extent that the district uses funds to provide professional development.
o Not less than the aggregate share of the district’s awards used for professional development for fiscal year 2001under section 2201, (1)(B),
(as it was in effect before NCLB), and section 306 of USDE Appropriations Act, 2001
· Part B - Mathematics and Science Partnerships
· Part D - Enhancing Education Through Technology
Title III –Language Instruction for Limited English Proficient and Immigrant Children
· Part A English Language Acquisition, Language Enhancement and Academic Achievement
Title IV - 21st Century Schools
· Part A Safe and Drug-Free Schools and Communities
· Part B – 21st Century Community Learning Centers
Except as otherwise provided in this Act, eligible students enrolled in private schools, and their teachers shall be provided with equitable services and benefits from each program. A student’s district of residence is responsible for providing services to students in private schools.
Educational services, benefits, materials and equipment shall be secular, neutral, and nonideological.
Expenditures
· Shall be equal to expenditures for participating public school children
· Taking into account the number of children and their needs
· Title I – children from low-income families
· Title I-C – migrant children
· Title III – Limited English Proficient Children
Provision of Services
· May be provided directly or through contracts with public and private individuals and/or agencies.
Public Control of Funds
All funds
· used to provide services; and
· title to materials, equipment and property shall be in a public agency for uses and purposes provided in this Act.
Provision of Services
· Services shall be provided
o By employees of a public agency; or
o Through contract by the public agency with an individual, association, agency, organization or other entity.
(The employee, person, association, agency, organization, or entity shall be independent of the private school and of any religious organization, and the employment or contract shall be under control and supervision of public agency).
Commingling of Funds Prohibited
Funds used to provide services under this section shall not be commingled with non-Federal funds.
Timing
· Consultation occurs before districts make decisions that affect the opportunities for participation.
· Continue throughout the implementation and assessment of activities.
Discussion
Consultation includes a discussion of service delivery mechanisms that the district could use to provide services
District Responsibilities:
· Contacting private schools within district boundaries
o Ascertain if eligible private school students will be participating in any, or all, programs,
o To share information concerning the services and benefits available to eligible students,
o Documentation of attempted contact is required
§ On file at district office
· Consultation
o Timely and meaningful
o During program planning
o Discuss issues such as
§ How the children’s needs will be identified
§ What services will be offered
§ How, where and by whom the services will be provided
§ How the serves will be assessed
§ How the results of assessment will be used to improve services
§ Size and scope of the equitable services to be provided
§ Amount of funds available
§ How and when decisions will be made about the delivery of services
Disagreements
· District disagrees with private school officials on provision of services
o District provides a written explanation of why the district has chosen not to use a contractor
Complaints
· Complainant submits complaint to ODE for a written resolution within a reasonable period of time
· Resolution may be appealed to the Secretary of Education not later than 30 days after ODE resolves the complaint or fails to resolve the complaint within a reasonable period of time.
· The secretary shall investigate and resolve the appeal not later than 120 days after the receipt of the appeal.
Title II-A
· The uniform provision applies to funds awarded to a district under Title II A:
o Only to the extent that the local educational agency uses funds under that part to provide professional development to teachers and others.
(The share of the local educational agency's subgrant under part A of Title II that is used for professional development and subject to a determination of equitable expenditures under subsection shall not be less than the aggregate share of that agency's awards that were used for professional development for fiscal year 2001 under section 2203(1)(B,) (as such section was in effect on the day preceding the date of enactment of the No Child Left Behind Act of 2001,) and section 306 of the Department of Education Appropriations Act, 2001.) http://www.ed.gov/legislation/ESEA02/pg111.html
Suggested Process for Consultation and Service Delivery
For Eligible Private School Students
Contact
1. Check last year’s files for list of participating private schools.
2. Check phone book for new schools.
3. Check ODE list of registered Private and Alternative Schools
4. Set a date for consultation on the district calendar.
5. Send a letter of invitation to all known private schools, indicating the eligibility of students, the new accountability requirements and a request that they bring the results of a needs assessment and the assessments they will use with them to the meeting.
6. Send a notice of the meeting to local media, defining private non-profit schools.
7. Telephone follow-up to all schools not responding to the letter.
8. Document results of letter and telephone calls.
Setting the Agenda
9. Determine the programs participating eligible private school students may access.
10. Invite representatives from all district programs affected.
11. Draft an agenda for the consultation that includes all required components.
Consultation
12. Describe programs for which private school students are eligible.
13. Request a count of eligible private school students residing in the district.
14. Use the private schools’ needs assessments, goals and assessments to determine services to be provided to students.
15. Determine service delivery mechanisms.
16. Determine timeline for service delivery.
17. Schedule future consultations during implementation.
Service Delivery
18. Allocate resources, establish contracts, purchase equipment and materials.
19. Mark and inventory all materials and equipment purchased with program funds
20. Deliver equipment and materials to the private school.
21. Contract or provide direct delivery of services, if required.
22. Arrange for evaluation of program.
23. With private school officials, evaluate program implementations affect on student academic achievement.
24. Document results of evaluation of program effectiveness.
Sample Letter to Private School Officials
Date:
To: Private school officials
Private schools within district boundaries
Dear Name,
(District Name) will be applying for federal funds from No Child Left Behind, (Title name and Number), for the coming school year. Students attending (name of School) are eligible to participate in services funded by NCLB.
To ensure that the needs of eligible children are met using NCLB funds, (name of the district person (s) who will be consulting with the private school officials) would like to meet with you to discuss federal program services available to students and their teachers. Public school districts have a responsibility under the law to inform private schools of available services. Private schools may choose to allow eligible students and teachers to participate and may also choose the nature of the participation. After receiving information about the available services, private school officials may choose not to participate on behalf of their students.
As part of the accountability in NCLB, it is recommended that private schools conduct a needs assessment of eligible students’ and teachers’ programs. All NCLB funds must be used to measurably increase student academic achievement. From a needs assessment, please design student academic and/or teacher quality goals. An academic assessment must be identified and used to measure the effectiveness of funded programs on student achievement.
During consultation we will discuss the needs of eligible students, the types of services available, and mechanisms to deliver services, professional development opportunities for teachers of eligible students, as well assessments to be used to measure the effectiveness of programs.
We would like to meet (Date, time, place) if this meets with your availability. Please let us know whether or not representatives of (Name of School) will be attending.
Sincerely,
Name