Equitable Services to Private Nonprofit (PNP) Schools

Agenda

• Consultation• Equitable Services• Program Eligibility• Service Delivery• Evaluation• Documentation• Compliance• Questions

Initial Requirements

• PNP must provide documentation of 501c3 status

• LEA must consult with PNPs on these NCLB programs– Title I, Part A– Title I, Part C– Title II, Part A– Title III, Part A - LEP– Title III, Part A – Immigrant

Key Principles

• Federal funds are never given to a private non profit school.

• LEA must spend the funds on behalf of the private school based on needs determined through consultation.

Consultation

Consultation

• Timely - before decisions are made that affect participation opportunities for PNP students

• Meaningful – opportunities for all parties to express their views

• On-going – throughout design, development, and implementation

Consultation Topics

• How needs will be identified• Educational criteria to determine eligibility• How and when LEA will make decisions about

service delivery• How, where, and by whom the services will be

provided• How the services will be academically assessed

(evaluated) and how the results will be used to improve the program

Consultation Topics – cont.

• Size and scope of the equitable services for children through Title I and Title III

• Amount of funds allocated for services• Consideration and analysis of views of PNP

officials regarding third party providers• Professional development activities offered for

PNP teachers through Title I and Title II

Consultation – Title I, Part A

• Additional topics for Title I, Part A– Must include face to face meetings– Methods to be used to determine low-income

status of students– Equitable services for families of Title I students– If disagreement arises on provision of services

through contract, LEA will provide in writing an analysis of reasons to PNP why LEA has chosen not to use a contractor

– whether or not to “pool” funds if applicable

Consultation - Roles for PNP OfficialsTitle I, Part A

• Participate in consultation• Provide poverty data• Provide lists of eligible students• Suggest program designs and modifications• Provide a dedicated space if possible• PNP officials have NO authority to make final

decisions

Affirmation of Consultation

• Required only for Title I, Part A• LEA must maintain a copy of a written

Affirmation of Consultation signed by an official from each PNP participating in Title I, Part A to show that consultation has occurred

• Upload to NCLB Reports by designated date (about September 30)

Accessing Affirmation Form

• Instructions to download template from NCLB Reports• Log onto TEASE via TEAL• Select NCLB Reports from the Application List• Select Download Response Templates• Select appropriate year PNP Affirmation• Complete Affirmation for Title I, Part A• Upload completed Affirmation onto NCLB Reports• Select Upload Response document• Select PNP Affirmation for "Response Template"• Select appropriate "School Year"• Select Response Document for "Response Doc Type"• Click Upload document

Consultation – Complaint Process

• PNP officials have the right to complain to TEA if the LEA did not engage in timely and meaningful consultation or give adequate consideration to the view of PNP officials.

• The formal complaint process is located at: http://tea.texas.gov/About_TEA/Laws_and_Rules/NCLB_and_ESEA/Other_NCLB_laws_and__rules/NCLB_Complaint_Procedures

Consultation Scenario #1

An LEA sends the following letter to the PNPs in the area:

Several students who reside in our Title I attendance areas are enrolled in your private school. If any of the students is from a low income family, there may be funding available for us to provide supplemental education programs for eligible private school students. If you are interested, please call me to arrange a meeting to discuss such a program.

Consultation – Scenario #2

An LEA calls the PNP official and says:

It’s time to plan for next year’s program. Last year’s worked pretty well, and the kids seemed to enjoy it. Do you think we just do the same thing again?

Equitable Services

Reservation of Funds for PNPs

Equitable Services

• Equitable• Timely• Secular, non-ideological• Students generate funds based on program

requirements

Equitable Services - Worksheet

• Title I, Part A– Number of PNP students from low income families residing

within LEA Title I attendance areas• Title I, Part C

– Number of PNP students identified as migrant• Title II, Part A

– Number of PNP students enrolled • Title III, Part A

– Number of PNP students identified as LEP• Title III, Immigrant

– Number of PNP students identified as immigrant

Accessing the Worksheet• Instructions to download template from NCLB Reports• Log onto TEASE via TEAL• Select NCLB Reports from the Application List• Select Download Response Templates• Select PNP Equitable Services Worksheet for appropriate year• Complete the Equitable Services Worksheet• Upload completed document onto NCLB Reports• Select Upload Response document• Select PNP Equitable Services Worksheet for "Response Template"• Select appropriate "School Year"• Select Response Document for "Response Doc Type"• Click Upload document

Equitable Services – Title I, Part A

• Students generate funds if they meet both criteria:

– Reside in participating (or skipped) Title I attendance area

– Meet poverty criteria

Poverty Data Options – Title I, Part A• Use the same measure of poverty as for public

school children• Use comparable poverty data from a survey

and extrapolate the results if actual data is unavailable

• Use comparable data from a different source• Use proportionality• Use an equated measure

Poverty Data – Title I, Part A

• The LEA has the option to determine the number of low income students attending PNP schools each year, or every two years

• LEA must consult with PNP about availability of low income data

Poverty Data – Title I, Part A

• LEA must collect poverty data on PNP children who reside within their district and live in a Title I attendance area. These students may attend PNPs within the district or in other LEAs.

• PNP children from low income families who reside in Title I public school attendance areas generate the same Title I per pupil amount as if they attended their public school.

Equitable Services – Title I, Part A

Per pupil allocation• Based on residence and

poverty status• Can only be used for

student instruction

District Reservations• Parental involvement• Professional development• District-wide instructional

programs• Must be used for these

specified purposes

Equitable Services from Reservation of Funds - Title I, Part A

• Parental involvement• Professional development• District-wide instructional programs

– Exceptions:• Program improvement activities required for School

Improvement• Homeless programs• Preschool programs• Neglected or delinquent programs

Equitable Services – Title I, Part C

• Add LEA migrant enrollment + migrant enrollment at participating PNPs in district attendance area

• Divide LEA’s Title I, Part C entitlement by the sum to find the per pupil amount

• Multiply per pupil amount X number of PNP migrant students to find equitable share for PNP

Equitable Services – Title II, Part A

• Add LEA total enrollment + enrollment at participating PNPs in district attendance area to find the sum

• Find the larger of these two amounts:– Portion of LEA’s Title II Part A entitlement budgeted for

professional development– The hold harmless amount used for professional

development under FY 2001 Eisenhower program• Divide the larger amount by the sum to find the per

pupil amount• Multiply per pupil amount X number of PNP students

to find equitable share for PNP

Equitable Services – Title III, Part A - LEP

• Add LEA LEP enrollment + LEP enrollment at participating PNPs in district attendance area

• Divide LEA’s Title III, Part A entitlement by the sum to find the per pupil amount

• Multiply per pupil amount X number of PNP LEP students to find equitable share for PNP

Equitable Services – Title III, Part A - Immigrant

• Add LEA immigrant enrollment + immigrant enrollment at participating PNPs in district attendance area

• Divide LEA’s Title III, Part A - Immigrant entitlement by the sum to find the per pupil amount

• Multiply per pupil amount X number of PNP immigrant students to find equitable share for PNP

Equitable Services –Title I, Part A

On-line Course: Providing Equitable Services to Private School Childrenhttp://www.region10.org/nclbpublications

Eligibility for Services

Eligibility - Title I, Part A

• Which students can receive services?– Must reside in participating (or skipped) Title I

attendance area AND must meet multiple objective, educationally-related criteria

– Poverty is NOT a criteria– Served students might not be the same students

who generated the funds– Served students do NOT have to attend a PNP

within district boundaries

Eligibility – Title I, Part A

• Teachers of served students– Services should address how classroom teachers can best

serve Title I students

• Parents of served students– Activities to help parents of PNP Title I students impact

academic achievement

Title I, Part A Criteria – PK-2

• Selected on the basis of teacher judgment, parent interviews, and other developmentally appropriate criteria

• Or, eligible by any of these criteria:– In Head Start, Even Start, Early Reading First, or Title I

Preschool at any point in 2 preceding years – Received services under Title I, Part C at any point in 2

preceding years– Homeless

Title I, Part A Criteria – 3rd-12th

• Achievement tests (or STAAR if available)

• Teacher referral and recommendation based on objective, educationally related criteria

• Academic performance in the regular classroom

Eligibility – Title I, Part CRequired IF LEA Receives Title I, Part C Funds

• Migrant students enrolled in a PNP within LEA attendance area (meet statutory and regulatory definition of migrant child)

• Teachers of migrant students – Services should address how teachers can best serve migrant students

• Parents of migrant students – Activities to help parents of PNP migrant students impact academic achievement

Eligibility – Title II, Part A

• All PNP teachers at a participating PNP within LEA attendance area

• Activities must be expected to improve student academic performance and be based on scientifically based research

Eligibility – Title III, Part A - LEP

• Students enrolled in a PNP in LEA attendance area who are identified as LEP by LEA (must have ELP assessment, but LPAC not required)

• Initial ELP assessment/identification of ELL is the responsibility of the LEA

• LEA selects participants based on priority of need from identified LEP students

• LEA maintains control of the program

Eligibility – Title III, Part A

• LEAs are required to serve LEP-identified students attending a PNP located in the LEA’s attendance area regardless of the student’s residency

• All teachers of enrolled LEP students – Services should address how teachers can best serve students who are LEP

• All parents of enrolled LEP students – Activities to help parents of LEP students impact academic achievement

Eligibility – Title III, Part A – ImmigrantRequired IF LEA Receives Title III, Part A Immigrant Funds

• Students enrolled in a PNP in LEA attendance area who are identified as meeting the definition of immigrant by LEA

• All teachers of enrolled immigrant students – Services should address how to best serve immigrant students

• All parents of enrolled immigrant students – Activities to help parents of immigrant students impact academic achievement

Service Delivery

LEA Maintains Control of the Program

Service Delivery

• The LEA orders any equipment and materials, pays for them, and “loans” them to the PNP for use in the program

• The LEA must ensure that the PNP is using the materials and equipment for approved purposes

• All material must be labeled with program and district name

• All materials must be inventoried annually

Service Delivery - Title I, Part A

• Permissible services– The needs of PNP participants determine what services

are appropriate.

– Instructional services provided by public school employees or third-party contractors outside the regular classroom• A pull-out model in a space separate from the regular

classroom• Before or after school programs• Saturday or summer programs

Service Delivery – Title I, Part A

– Permissible services, continued• Counseling• Family literacy program• Computer-assisted instruction• Appropriate professional development

Service Delivery – Title I, Part A

• Permissible services do NOT include:– Services provided in the regular classroom

through cooperative learning or joint teacher

– A school-wide program

– Just providing supplies and materials

Service Delivery – Title I, Part A

• Services may be provided on-site at the private school. The LEA has exclusive use of the space when providing services.

• If space is not available, the LEA is required to find other appropriate space.

• The LEA is responsible for transportation if space is not available at the private school.

Service Delivery – Title I, Part A

• Services can be provided by an employee of the LEA or an employee of a third party under contract with the LEA

• LEA employees must meet HQT requirements

Service Delivery – Title I, Part A

• PNP teachers cannot provide services unless they are employees of the LEA or under contract with the LEA

• They may only contract with the LEA outside their regular work hours for the PNP

Third Party Contract – Title I, Part A

• The LEA must follow state policies and procedures for procurement when contracting with a third party

• The contract must be detailed enough so that the LEA knows the third party will comply with program requirements

• Invoices must list administrative and instructional costs in detail and charge only for services rendered

• LEA must monitor third party’s performance

Third Party Contract – Title I, Part A

• Administrative costs do NOT come from the equitable services amounts set aside for student services.

• Administrative costs are additional funds that must come from the LEA administrative budget.

Third Party Contract

On-line Course: PNP Third Party Contractshttp://www.region10.org/nclbpublications

Service Delivery – Title I, Part A

• Program funds may only be used to meet the instructional needs of eligible, participating students

• Non-participating PNP students may NOT use materials paid for with program funds

• LEA must retain ownership of all materials purchased with program funds

Service Delivery - Title I, Part C

• Supplemental instructional services– Instructional services during the day– Extended day services– Family literacy programs– Computer assisted instruction– Tutoring– Professional development– Must be supplemental to Title I, Part A– Counseling– Social and physical needs

Service Delivery - Title III, Part A - LEP

• Supplemental instructional services– Instructional services during the day– Extended day services– Family literacy programs– Computer assisted instruction– Tutoring– Professional development– Must be supplemental to Title I, Part A

Program Evaluation

Implementation and Effectiveness

Evaluation - Title I, Part A

• Implementation – ongoing monitoring of program in action to show compliance

• Effectiveness – assess student performance to show academic progress and program effectiveness

Evaluation – Title I, Part A

• Based on consultation with PNP, LEA must establish standards and assessments to use for measuring program effectiveness and to determine what constitutes annual progress

• All participants are assessed annually• If expected annual progress is not met, LEA

must consult with PNP to review the program and make modifications for improvement

Evaluation – Title III, Part A - LEP

• Compare results of initial ELP assessment with annual ELP assessment

• TELPAS is not required for PNPs

• Annual ELP assessment results help to know student progress and identify if the need still exists

Evaluation – Title III, Part A - LEP

• Exit criteria (determined during consultation)– ELLs may exit their LEP designation when they are

determined to have “attained English language proficiency”

– Exit criteria may be based on a best practice that measures student academic achievement and English language proficiency

Documentation

If it’s not documented, it didn’t happen!

Documentation Requirements

• Documentation process• Affirmations of Consultation for Title I, Part A for

participating PNPs (copies on file and sent to TEA)• Documentation for declining PNPs (copies on file)• Documentation determining low income students

for Title I, Part A (copies on file)• Equitable Services Worksheet (copy on file and

sent to TEA)

Documentation - Consultation

• Suggested items:– Invitation– List of invitees– Sign-in sheets– Agendas– Minutes of meetings– Distribution of minutes– Newspaper ads and flyers to find private schools

Documentation

• Program implementation• Program evaluation• Evidence that something happened

On-line Course: Providing Equitable Services to Private School Childrenhttp://www.region10.org/nclbpublications

Compliance

Compliance

NCLB Consolidated Application

NCLB Compliance Report ICRs

NCLB Consolidated Application

• Title I, Part A – PS3101• Title I, Part C – PS3103• Title II, Part A – PS3104• Title III, LEP – PS3106

NCLB Compliance Report

• Title I, Part A – PR1000• Title I, Part C – PR1200• Title II, Part A – PR3000• Title III, LEP and Immigrant – PR3002

ICRs

• Title I, Part A (15, 16, 65)• Title I, Part C (26, 27, 32)• Title II, Part A• Title III, LEP (47, 52)• Title III, Immigrant (57)• All (64, 66)

69

Common Compliance Issues

• Maintaining control of Title I program• Timely and meaningful consultation• Calculation of equitable services

– Including PD & PI reservations• Student selection criteria• Evaluation of PNP services• Third-party Contractors

Maintaining Control of Program

• Equipment inventory not up to date• No property tags• Private school officials signed timesheets of

Title I employees• Contractor determined that Title I services

would be provided in an additional subject area (without LEA knowledge)

• LEA officials did not monitor the Title I program

Calculating Equitable Services

The LEA did not calculate the equitable share of Title I funds it reserved for:• An after-school program• Summer school activities• Professional development activities

Services Only for Eligible Students

• Equipment made available to all PNP students• All students in a grade receive services• Parents of all PNP students participate• Computers for private school classrooms• White boards for private school classrooms

Selection Criteria

Responses when asked, “What are the selection criteria?”

– Students scoring below 45%– Students eligible for free or reduced meals– Students identified by teacher judgment– All need children regardless of residence

Evaluation

The response when asked “How is the Title I program evaluated?”• Pre and post test scores• The LEA will analyze test scores• Report card grades• The contractor will analyze progress• Standardized tests

Questions?

Reference MaterialsESEA Act as reauthorized by the NCLB ACT of 2001 http://www.ed.gov/policy/elsec/leg/esea02/pg2.html

Title I Services to Eligible Private School Students Guidance from USDEhttp://www.ed.gov/programs/titleiparta/psguidance.doc

Title I Resource Toolkithttp://www2.ed.gov/programs/titleiparta/ps/titleitoolkit.pdf

On-line Course: Providing Equitable Services to Private School Childrenhttp://www.region10.org/nclbpublications

On-line Course: PNP Third Party Contractshttp://www.region10.org/nclbpublications

NCLB Complaint Processhttp://tea.texas.gov/About_TEA/Laws_and_Rules/NCLB_and_ESEA/Other_NCLB_laws_and__rules/NCLB_Complaint_Procedures

TEA Title I, Part A Policy Guidance (look on page 71 for PNP section)http://tea.texas.gov/About_TEA/Laws_and_Rules/NCLB_and_ESEA/Title_I,_Part_A_-_Improving_Basic_Programs/Title_I,_Part_A_-_Improving_Basic_Programs/