Consultation: Ensuring Equitable Services or Students and Teachers
Michelle Doyle
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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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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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Title I—Education for the Disadvantaged
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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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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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Title I Funding (continued)
Low-income private school students residing in a Title I attendance area generate Title I funds
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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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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-
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• Report cards, test scores, classroom assessments, portfolio,
teacher ratings, parent input
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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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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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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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Title IIA: Teacher Quality
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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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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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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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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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Title III—English Language Learners
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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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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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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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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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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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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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Consultation Process
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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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Consultation
Timely and meaningful
Before decisions are made
Funds available
Plan future meetings
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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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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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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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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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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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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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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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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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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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Consultation--Transparency
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Resources Guidance citations for Title I and Title IX:
www.ed.gov/programs/titleiparta/psguidance.doc and http://www.ed.gov/policy/elsec/guid/equitableserguidance.doc
U.S. Department of Education’s Title I Toolkit: http://www.ed.gov/programs/titleiparta/ps/titleitoolkit.pdf
Guidance for IDEA Services: http://idea.ed.gov
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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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