Changes to the Equitable Services Requirements Under

ESSAMay 2018

https://todaysmeet.com/TitleCon

Designing a Program and Determining Equitable Services

• New ESSA requires that the Title I, Part A proportionate share for equitable services be calculated prior to allocating for any expenditures or transfer of funds. This includes any “off the top” funds, such as administrative costs, parent involvement, and district-wide initiatives.

• The needs of the non-public school students and teachers must be assessed and evaluated.

• Services must be allowable and comparable to those provided to public school students and teachers participating in the program, but are not required to be the exact same Title I service.

Designing a Program and Determining Equitable Services

• No funds are provided directly to non-public schools.

• Funds, materials, and equipment generated by the non-public school’s per pupil allocation must be managed and retained by the LEA.

Title I and Title II: Calculating the Equitable Share

Title I: Nonpublic School Distribution Page

Required data:

Title I allocation (excluding

carryover)

Number of public school low-

income students in a Title I

served attendance area

Number of private school low-

income students in Title I

served attendance areas

Title I: Nonpublic School Distribution Page

Required data:

Title I allocation (excluding

carryover)

Number of public school low-

income students in a Title I

served attendance area

Number of private school low-

income students in Title I

served attendance areas

Title II: Calculating Equitable Share

• The Title II equitable share calculator can be found here: http://tinyurl.com/fiscalupdates

Required data:

Total Title II, A allocation

(minus administrative costs)

Total administrative cost for

public and private school

programs

LEA public enrollment

Total private school enrollment

from participating private

schools

Equitable Share Calculators

• The Title I equitable share calculator can be found here: http://tinyurl.com/fiscalupdates

• The Title II equitable share calculator can be found here: http://tinyurl.com/fiscalupdates

Carryover Dollars – Unexpended Equitable Share

• In general, to ensure that equitable services are provided in a timely manner, an LEA must obligate the funds allocated for equitable services under all applicable programs in the year for which they are appropriated. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

• The unexpended funds should remain available for the provision of equitable services under the respective program during the subsequent school year. In determining how such carryover funds will be used, the LEA must consult with appropriate non-public school officials. (ESEA sections 1117(b) and 8501(c).)

Nonpublic School Equitable Share Transfers Work Guide

• Section 200.62(b)(1)(i) of the Title I regulations defines Title I eligible private school children as those who reside in participating public school attendance areas of the Local Educational Agency (LEA), regardless of whether the private school they attend is located in the LEA. Thus, the LEA in which the child resides is responsible for providing services to the child, but it may arrange to have services provided by another LEA and reimburse that LEA for costs. The transfers process involves collaboration and agreement between LEAs on the Title I services to be rendered and equitable share to be transferred.

https://www.doe.in.gov/sites/default/files/grants/lea-and-non-public-school-equitable-share-transfer-guide.pdf

New Provisions Affecting Equitable Services for Non-Public Schools Under ESSA

Title I:

• Title I, Part A (Improving Basic Programs)

Programs covered under the Uniform Provisions of Title VIII:

• Title I, Part C (Education of Migratory Children)

• Title II, Part A (Supporting Effective Instruction)

• Title III, Part A (English Learner Programs)

• Title IV, Part A (Student Support and Academic Enrichment)

• Title IV, Part B (21st Century Community Learning Centers Program)

Significant Changes Under ESSA

Under ESSA, significant changes to equitable services requirements have been made in the following areas for programs covered under Title I and Title VIII:

• Funding Equitable Services

• Ombudsman

• Consultation

• Complaint Process

• Compliance

Indiana’s Equitable Services OmbudsmanNew* To help ensure equity, the SEA shall designate an ombudsman to monitor and enforce equitable service requirements related to equitable services provided to non-public school children, teachers and other educational personnel in non-public schools. (Section 1117(a)(3)(B))

The primary responsibilities of an ombudsman are:

• To partner with the specialists in the Office of Title Grants and Support in providing support for equitable services to public school administrators and non-public school officials;

• To develop processes and procedures to ensure LEA administrators and non-public school officials understand and meet the equitable service requirements;

• To receive the affirmation of consultation forms from the LEA beginning in SY18-19. Equitable Services Ombudsman - Brenda Martz bmartz@doe.in.govWebpage: https://www.doe.in.gov/grants/ombudsman;

• To serve as the primary point of contact for responding to and resolving formal complaints.

Consultation ProcessNew* The goal of all parties should be to reach an agreement on how to provide equitable and effective programs for eligible non-public school children. Sections 1117(a)(1)(A) and (b) and Section 8501(c)(1)

• Effective consultation provides a genuine opportunity for all parties to express their views and to have those views considered.

• Successful consultation establishes positive and productive working relationships that make planning easier and ensure that the Title services provided meet the needs of eligible students.

• The LEA must provide “timely and meaningful” consultation with appropriate non-public school officials.

New* If the LEA disagrees with the view of the non-public school officials regarding any of the issues subject to consultation, it must provide non-public school officials written reason why it disagrees.Section 1117(b)(2)

What is Timely?New* ESSA defines Timely as:

• Before the LEA makes any decisions about opportunities for non-public school students’ participation;

• Meetings continue throughout implementation and assessment of services;

• A simple letter to the non-public school on the intent of the program is not enough. The LEA must send an invitation to meet face-to-face to explain the process for providing services;

• Documentation of the attempted contact and held meetings must be kept.

Section 1117(b)(3)/8501(c)(3)

What is Meaningful?

New* ESSA defines Meaningful as:

• A genuine opportunity for parties to express their views;

• The views of the non-public school official are seriously considered;

• The LEA may initiate consultation with recommended services, based on the assessed needs of the students;

• Final decisions are made by the LEA.

Section 1117(b)(3)/8501(c)(3)

Suggested Title I Consultation Timeline

Winter

Inform

Non-Pub

School

Officials

Spring

(previous year)

Summer Fall/Winter Spring

Identify

needsEvaluate

services

Timely and

meaningful

consultation

Provide services,

programs,

materials or

resources

Application

Submission

Written Affirmation of Consultation

LEAs that have non-public school students eligible for equitable services are required to complete the “LEA Affirmation of Consultation with the Non-Public School Officials” consultation form, whether the non-public school officials are accepting services or not.

New* For the 2018-2019 school year, old consultation forms will be accepted; however, LEAs are encouraged to use the new consolidated affirmation form, which includes the new requirements under ESSA for all Title programs.

• The new consolidated LEA Affirmation of Consultation with the Non-Public School Official form can be found on the IDOE webpage: https://www.doe.in.gov/grants/ombudsman.

Written Affirmation of ConsultationNew* The list of topics in the affirmation of consultation that must be discussed during consultation has been expanded to include:

• How the proportionate share of funds is determined; and• When, including the approximate time of day, services will be provided; and• Whether the LEA will provide services directly, through a separate consortium or third-

party contract; and• Whether to pool funds or provide services on a school-by-school basis.

New* The written affirmation must provide the option for non-public school officials to be able to indicate their belief that timely and meaningful consultation did not occur or that the program design is not equitable with respect to eligible non-public school children.

Section 1117(b)(2)/Section 8501(c)(5)

Disagreement: What Happens?

New* Letter of Concern to the LEA: IDOE encourages the LEA to discuss disagreements with the non-public school official through meaningful consultation and provide technical assistance, if needed. The LEA may ask the non-public school official to submit a “Letter of Concern to the LEA” outlining the issue.

• A template for the “Letter of Concern to the LEA” can be found on the ombudsman webpage: https://www.doe.in.gov/grants/ombudsman

If agreement cannot be met or if additional assistance is needed, the LEA or non-public school official may request a conference call with the assigned Federal Grants Specialist for assistance.

Disagreement: What Happens?

New* Letter of Complaint to the Ombudsman: If an agreement can’t be met between the non-public school official and the LEA during technical assistance with the Federal Grants Specialist, a formal compliant can be filed with the ombudsman to mediate a resolution.

• The template for the formal complaint can be found on the Ombudsman webpage: https://www.doe.in.gov/grants/ombudsman.

• All parties must attach the appropriate documentation to the formal complaint, which will include meeting meetings, notes from conference calls and the Letter of Concern to the LEA.

The timeframe that an SEA has for responding to a written formal complaint from parents, teachers, or other individuals concerning violations is 45 days.Section 8503

Compliance – State Services

New* An SEA must provide equitable services directly or through contracts with public or private agencies, organizations or institutions, if appropriate non-public school officials have –

• Requested that the SEA provide such services directly; and

• Can demonstrate that the LEA has substantially failed or is unwilling to provide equitable services to the non-public school students.

Sections 1117(b)(6)(C) and 8501(b)(6)(C)

Notice of Funds for Equitable Services

New* An SEA must annually provide the allocation of funds for educational services and other benefits under each program governed under Title I and Title VIII that an LEA has determined are available for eligible non-public school children, teachers and other educational personnel, and families.

This documentation includes the allocation for each non-public school and outlines how the allocation was determined.

• Allocations for each program can be found on the IDOE website on the Ombudsman webpage: https://www.doe.in.gov/grants/ombudsman.

Sections 1117(a)(4))C) and 8501(a)(4)(C)

Resources

• Non-Regulatory Guidance – Title I Private Schools

http://www.doe.in.gov/titlei/federal-guidance

• Non-Regulatory Guidance – Title II, Part A

https://www.doe.in.gov/sites/default/files/titlei/essa-titleii-parta-guidance.pdf

• Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESSA

https://www2.ed.gov/policy/elsec/leg/essa/essaguidance160477.pdf

• Federal Programs: Fiscal Updates

http://www.doe.in.gov/titlei/federal-programs-fiscal-updates

Resources

• The Planning Estimate Calculators

http://tinyurl.com/fiscalupdates

• IDOE Non-Public School Ombudsman webpage:

https://www.doe.in.gov/grants/ombudsman

• IDOE Office of Title Grants and Support webpage:

https://www.doe.in.gov/grants

Public-NonPublicPartnership

“In it for the kids!”

Title Con 2018

May 29th & 30th

INPEA

Who we are

Who we serve

What we do

Why we’re here

Building Strong Relations in our Federal Program

Delivery

Top Ten ListWhat are we looking for in

ESSA partners?

Open and On-Going Communication is Key!

Ensure we have sufficient time to plan so we can be good stewards of the funding

Be Transparent About Funding

Make us aware of the fine print(e.g. RFP process and timelines if requesting a third

party provider)

Get services up and running as soon as possible

Educate …Educate …EducateESSA is complex…help non-pub leaders

understand the law…especially as it relates to non-public schools

Help Us Help You!

Help us prepare for effective consultation• What should we consider prior to the meeting?• What should we bring to the meeting?• Help us understand your internal timeline• Provide anything in advance that will assist in our

preparation.

Focus on the needs of our students and our knowledge of them. This

could be different from the needs of other students in the corporation.

Let’s work together on effective strategies that can be measured and will ensure

student growth

How can WE be better partners???

What’s your lens on a top ten?

Indiana Non-Public Education Association (INPEA)

John F. ElcesserExecutive Director

jelcesser@inpea.org317-236-7329www.inpea.org

Twitter: @inpeajohn

What Questions Do You Have?