The Elementary and Secondary Education Act (ESEA)

as reauthorized by

The No Child Left Behind Act(NCLB)

Benefits to Private School Students

and Teachers

Key Points[Reference: Section 9501 of ESEA.]

1. The law provides for equitable participation of private school students and teachers.

2. Consultation must be timely and meaningful.3. Expenditures must be equal on a per-pupil basis.4. Services are to address the needs of private school

students and teachers.5. The local educational agency (LEA)* remains in

control of funds.6. Services must be secular, neutral and non-ideological. *Or other entity receiving federal financial assistance

Key Point #1Equitable Participation

[References: Sections 1120; 5142; 5466(a); and 9501 of ESEA.]

NCLB provides for the equitable participation of private school students, teachers and other educational personnel in some of its major programs, including…

NCLB Programs Requiring Equitable Participation

[References: Sections 1120; 5142; 5466(a); and 9501 of ESEA.]

Title I – Improving the Academic Achievement of theDisadvantaged

• Improving Basic Programs Operated by LEAs (Part A) • Reading First (Part B, Subpart 1)• Even Start Family Literacy (Part B, Subpart 3)• Education of Migratory Children (Part C)

Title II – Preparing, Training and Recruiting High Quality

Teachers and Principals• Teacher and Principal Training and Recruiting Fund (Part A)

[Equitable participation required to the extent that the LEA uses the funds to provide professional development]

• Mathematics and Science Partnerships (Part B)• Enhancing Education Through Technology (Part D) continued

NCLB Programs Requiring Equitable Participation

(continued)

[References: Sections 1120; 5142; 5466(a); and 9501 of ESEA.]

Title III – Language Instruction for LEP and Immigrant Students• English Language Acquisition, Language Enhancement, and

Academic Achievement Act (Part A)Title IV – 21st Century Schools

• Safe and Drug-Free Schools and Communities (Part A)• Including: Safe Schools/Healthy Students Initiative; Grants to

Reduce Alcohol Abuse; Emergency Response and Crisis Management Grants; Mentoring Programs; Grants for School-Based Student Drug-Testing; and Programs for Native Hawaiians.

• 21st Century Community Learning Centers (Part B)Title V – Promoting Informed Parental Choice and Innovative

Programs• Innovative Programs (Part A)• Gifted and Talented Students (Part D, Subpart 6) [More limited

language on equitable participation]

[

Key Point #2 Consultation

[Reference: Section 9501(c)) of ESEA.]

Timely and meaningful consultation during the designand development of the programs on such issues as:

• How the children’s needs will be identified• What services will be offered• How and where 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• Service delivery mechanisms used to provide equitable

services• Who will provide the services

(continued)

Consultation (continued) [Reference: Section 9501(c)) of ESEA.]

•The amount of funds available to serve private school students

•The size and scope of the services to be provided

•How and when the agency will make decisions about the delivery of services

Consultation (continued)

[Reference: Section 9501(c)) of ESEA.]

• Consideration of the views of the private school officials re: use of third-party providers

• Where the LEA disagrees with the views of the private school officials on the provision of services through a contract, the LEA must provide a written explanation of the reasons why the local educational agency has chosen not to use a contractor

Consultation (continued)

[Reference: Section 9501(c)) of ESEA.]

• Consultation must continue throughout the implementation and assessment of services

• Such consultation shall occur before the local educational agency makes any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to participate

Key Point #3Equal Expenditures

[Reference: Section 9501(a)(4) of ESEA.]

Expenditures…shall be equal, taking into account the number and educational needs of the children to be served, to the expenditures for participating public school children.

Key Point #4Equitable Services

[Reference: 34 CFR 299.7]

The LEA:• Assesses, addresses and evaluates the needs

of private school students and teachers;• Provides benefits and services that meet the

needs of private school students and teachers;

• Spends an equal amount of funds per student to provide services; and

• Provides private school students and teachers with an opportunity to participate in activities equivalent to the opportunity provided public school students and teachers.

Key Point #5LEA’s Responsibility

[Reference: Section 9501(d) of ESEA.]

LEA remains in control of the federal funds and maintains title to materials, equipment and property purchased with such funds.

Key Point #6Secular Services

[Reference: Section9501(a)(2) of ESEA.]

Services and benefits, including materials and equipment, must be secular, neutral and nonideological.

Office of Non-Public Education

Office of Innovation and Improvement

Address:400 Maryland Avenue, SWWashington, DC 20202Phone: 202-401-1365 E-mail: OIINon-PublicEducation@ed.gov Web site:http://www.ed.gov/about/offices/list/oii/nonpublic/

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