Ensuring Equitable Services for Private & Religious Schools The rights of Private & Religious School Students and Teachers How to Effect the Process Through Timely and Meaningful Consultation

1. Consultation: Ensuring Equitable
Services or Students and Teachers
Michelle Doyle
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2. History of NCLB
 Elementary and Secondary Education Act of 1965, as
amended (ESEA)
 Last reauthorized by Congress and signed into law January
2002 for 5 years
 Has been extended while Congress works on
reauthorization
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3. What is Equitable Participation?
 (1) assesses, addresses, and evaluates the needs and progress of
public and private school students and educational personnel in
the same manner;
 (2) provides, in the aggregate, approximately the same amount
of services to students and educational personnel with similar
needs;
 (3) spends an equal amount of funds to serve similar public and
private school students and educational personnel; and
 (4) provides both groups of students and educational personnel
equal opportunities to participate in program activities.
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4. Title I—Education for the Disadvantaged
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5. Determining Title I funding
 The LEA counts the number
of public and private school
students who qualify as
low-income to determine a
per pupil amount for
allocating LEA funds
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6. Determining Low Income
 Using the same measure as the LEA uses for public school
students
 Using a survey of private school students based on the low
income criteria of the district
 Applying the low income percentage in the public school to
the private school
 Using an equated measure
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7. Title I Funding (continued)
 Low-income private school
students residing in a Title I
attendance area generate
Title I funds
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8. How Are Funds Used?
 Title I funds are used to
serve educationally needy
students who reside in
participating attendance
areas
 The students receiving
services may or may not be
poor
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9. Determining Educational Need
 Multiple, educationally-related measures
 Age appropriate
 Need not be the same measures as the public school uses
for its students
• For example, K-2 determinants not the same as 3-6 or 7-8 or 9-
12
• Report cards, test scores, classroom assessments, portfolio,
teacher ratings, parent input
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10. What Services Can Title I Offer?
 Remedial and enrichment activities in reading,
math, and other basic subjects
 Counseling services
 English language acquisition services
 Teacher professional development
 Parent programs
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11. When Can Title I Services to Students be
Delivered?
 During school hours
through a pull-out program
 Before or after school
 On weekends
 During the summer
 A combination of times
 Must be supplemental
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12. Who Delivers Title I Services?
 A teacher hired by the LEA to deliver Title I services to
private school students
 A third party provider contracted by the LEA to deliver Title
I services to private school students
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13. Title IIA: Teacher Quality
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14. Title IIA (cont.)
 Purpose of Title IIA is to increase student achievement
through improving teacher and principal quality
 Based on the needs of the students, provides training and
professional development:
• In core subjects,
• For improving student behavior, and
• To integrate technology into the curriculum
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15. Teacher Quality
 Equitably serves private school teachers and principals
 Provides high quality, sustained professional development
in core subject areas
 Meets the needs of private school students through
teacher and principal professional development
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16. Determining P.D. Services
 Design of the PD program is determined through the
consultation process
 It is not sufficient for the LEA to simply invite the private
school teachers to participate in the LEA’s PD program
 The program must be designed to meet the needs of the
private school students
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17. Professional Development
 Equitable portion of PD funds (not necessarily all Title IIA
funds)—“Hold harmless”
• 2001 PD funds from Eisenhower and Class-Size Reduction
• Current year PD through Title IIA
• Highest number: apply proportional share
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18. Title III—English Language Learners
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19. Purpose
 Provides funds for teaching English to limited English
proficient (LEP) children and helping them to meet State
standards.
 Funds must be used for increasing the English proficiency
of LEP children by providing high-quality language
instruction and high-quality professional development.
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20. Who Receives Services?
 •Services to ‐ LEP and/or immigrant children and youth
enrolled in private elementary and secondary schools that
are located within the area served by the LEA.
 •Services to ‐ Teachers of LEP or immigrant children and
youth or other educational personnel.
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21. Title III Services
 Administration of English language proficiency (ELP)
assessment for identification and/or for purpose of
evaluation of effectiveness of services (test booklets, teacher
training, stipends to teachers to administer assessments);
 •Participation in district-sponsored professional
development, or professional development organized
specifically for the private school teachers;
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22. Title III Services
 •Tutoring for students after school hours;
 •Participation of students in a weekend program; and
 •Purchase of supplemental instructional materials and
supplies.
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23. Determining Title III Services
 •Question: How does an LEA determine what Title III
services are to be provided?
 •Answer: An LEA, in consultation with appropriate private
school officials, determines the appropriate Title III services
based on the needs of the identified LEP private school
students and their teachers or other educational personnel
and the amount of funds available for such services, subject
to the expenditure requirements under section 9501 of the
ESEA.
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24. Continued…
 The Title III services provided by the LEA for private school
LEP students should be designed to meet their educational
needs and supplement the educational services provided
by the private school.
 These services may be provided directly by the LEA or by a
third party contractor who is independent of the private
school and any religious organization. Title III services or
benefits must be secular, neutral, and non‐ideological.
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25. Consultation Process
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26. What is Consultation?
 Consultation is the
required, ongoing process
of communication between
private school officials and
public school special
education officials on a list
of topics
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27. Consultation
 Timely and meaningful
 Before decisions are made
 Funds available
 Plan future meetings
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28. Initiation of Process
• LEA contacts private school officials located within its
boundaries or—for Title IA—with students residing in the
LEA and attending private schools
• Extend invitation and convene meeting: give enough notice
for meaningful participation
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29. Timing of Consultation
• Before decisions are made, such as ordering materials or
hiring staff
• Includes consultation during the
design, development, and
implementation of program
• Early enough to allow for maximum participation of private
school students and teachers by the start of the school
year
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30. Consultation Should…
• Describe programs available and allowable activities
• Address the specific needs of private school students and
teachers
• Provide opportunity for meaningful dialogue on program
design
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31. Consultation Topics
• 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 services will be assessed and how the results of
the assessment will be used to improve those services
• Size and scope of equitable services and the amount of
funds available for those services
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32. Topics (cont.)
• How and when the LEA will make decisions about the
delivery of services
• Including a thorough consideration and analysis of the views of
the private school officials on the provision of contract services
through potential third-party providers
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33. Insufficient Consultation
• An offer of services without an opportunity for private
school officials to express their views
• An offer to participate in the LEA program without regard
for the needs of private school students and teachers
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34. Continued Examples
• A unilateral offer of services, either at a meeting or by a
letter
• A refusal to discuss the option of a third party provider
• Calling a consultation meeting without adequate notice
for private school officials to attend
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35. Safeguards
 Written explanation required of the LEA, giving analysis of the
reasons they have for declining request for third party
provider
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36. Safeguards (cont.)
 Sign off (written assurance)—Title I only
• Timely and meaningful
• Appropriate topics discussed
• Views of private school heard
• Reasonable expectation of equitable program
 Complaint procedure
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37. Consultation--Transparency
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38. Resources Guidance citations for Title I and Title IX:
www.ed.gov/programs/titleiparta/psguidance.doc and
http://www.ed.gov/policy/elsec/guid/equitableserguidanc
e.doc
 U.S. Department of Education’s Title I Toolkit:
http://www.ed.gov/programs/titleiparta/ps/titleitoolkit.pd
f
 Guidance for IDEA Services: http://idea.ed.gov
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39. Additional Resources
No Child Left Behind:
 Council for American Private Education (CAPE):
www.capenet.org/pubs.html
 United States Conference of Catholic Bishops NCLB Toolkit:
www.usccb.org/education/fedasst/nclb.shtml
 National Catholic Educational Association:
www.ncea.org/public/NoChildLeftBehind.asp
IDEA:
 National Catholic Educational Association:
www.ncea.org/public/IDEASpecialEducation.asp
 United States Conference of Catholic Bishops:
www.usccb.org/education/fedasst/idea.shtml
General updates:
 www.ask-michelle.com
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Thank you!!
 Questions: email
mdoyledc@gmail.com