Transcript Slide 1

Equitable Services
to Private School
Students
under Title I Part A
Kristen Tosh Cowan, Esq.
Brustein & Manasevit, PLLC
[email protected]
Spring Forum 2011
Equitable Services:
#1 most common
finding of
noncompliance in
USDE Title I program
monitoring
Commonly Cited Problems
1. Inadequate Public Control and
Oversight of Funds
2. Failure to Distribute Set-Asides
3. Inadequate evaluation of program
4. Inadequate consultation
5. Third Party Contracts and Invoices
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Law and Resources
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Statute: Sections 1120
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Title I Regulations
• 34 CFR Part 200
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Non-Regulatory Guidance
• Title I: October 17, 2003
www2.ed.gov/programs/titleiparta/psguidance.doc
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Private Schools
Ensuring Equitable Services to Private
School Children: A Title I Resource Tool Kit
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Checklists
Forms
Worksheets
Website:
http://www2.ed.gov/programs/titleiparta/
ps/titleitoolkit.pdf
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ESEA Programs with
Equitable Participation Requirements
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Improving Basic Programs Operated by LEAs (Title I, Part
A)* (Includes Title I Part A ARRA)
Reading First (Title I, Part B, Subpart 1)
Even Start Family Literacy (Title I, Part B, Subpart 3)
Migratory Education Program (Title I, Part C)
Teacher and Principal Training and Recruiting Fund (Title II,
Part A)
Mathematics and Science Partnerships (Title II, Part B)
Enhancing Education Through Technology (Title II, Part D)
English Language Acquisition, Language Enhancement, and
Academic Achievement (Title III, Part A)
Safe and Drug-Free Schools and Communities (Title IV,
Part A)
21st Century Community Learning Centers (Title IV, Part B)
Innovative Programs (Title V, Part A)*
Gifted and Talented Students (Title V, Part D, Subpart 6)*
*Require equitable participation, contain their own separate
equitable participation provisions, and are not covered by
Title IX
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General Rule -Title I
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LEA must provide eligible private
school students with special
educational services or other Title I
benefits
Parents and teachers of private
school students shall participate, on
an equitable basis, in parental
involvement and professional
development
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Consultation
Consultation:
Must be “Timely and Meaningful”
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“Timely”
• Before the LEA makes any decisions
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“Meaningful”
• Genuine opportunity for parties to
express their views
• View seriously considered
• Not unilateral offer without opportunity
for discussion
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LEA has final decision
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Consultation Must Include:
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How students’ 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
assessment results will be used to improve
services
The size and scope of services
The amount of funds available for services
How and when the LEA will make decisions
about the delivery of services
The method or source of poverty data
The services provided to teachers and families
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Consultation:
Third Party Providers
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Thorough consideration of private school
officials’ views
If LEA disagrees with private school
officials about the provision of services,
LEA must provide written analysis of why
officials’ opinion rejected
Written record for appeal
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Consultation:
Written Affirmation
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LEAs must obtain written affirmation
from private school officials stating
timely and meaningful consultation
occurred.
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Signed by officials from each school with
participating children, or representative
Send to SEA and maintain in LEA’s
files
Example in Guidance
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Consultation:
Written Affirmation and Timing
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Sign Affirmation: When planning and
design of next school year’s program
completed
On-going: Consultation continues
throughout implementation and
assessment of services
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Consultation: Give application?
Guidance (A-11):
 LEA must provide copy of Title I
application, if private school officials
request it
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Consultation:
Extent of Attempts?
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Annually contact private school
officials
Invite to meeting – explanation and
questions
Not adequate to merely send letter
explaining intent of Title I
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Documenting Consultation
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LEA must retain documentation that
shows:
• Informed private school officials of available
federal programs
• Engaged in timely and meaningful consultation
• Identified private schools’ needs
• Allocated sufficient funds for private schools
• Provided equitable services and benefits
• Evaluated programs and services for
effectiveness
• Adequately addressed problems & complaints
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Deriving the Allocation
TITLE I , PART A
Equitability:
Deriving Allocation
General Formula:
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Based on number of:
1. Private school students
2. From low-income families
3. Who reside in Title I-participating
public school attendance areas
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Calculating Allocation for Instruction:
1.
2.
3.
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Rank public school areas: highest to
lowest
Identify participating areas
Calculate PPA for each area
Calculate allocation amount for each
area
 must include nonpublic low-income #
5.
Reserve nonpublic amount
 PPA x # of nonpublic low-income in
each area
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Calculating Allocation: “Off the Top”
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LEA takes “off the top” reservations
• Administration for public and private
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Capital expenses
Admin from third-party providers
• 20% choice-supplemental services
• 1% parental involvement
• Discretionary:
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Professional development
Summer school
Preschool
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Reservation for Districtwide
Instruction
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If LEA reserves for “districtwide
instructional programs for public
elementary and secondary”
Then proportional amount goes to
nonpublic
34 CFR sect 200.64(a)(2)(i)(A)
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Example
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LEA reserves $500,000 for
districtwide reading initiative
Of all low-income in LEA residing in
participating attendance areas, 5%
are private
5% of $500,000 to private allocation
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Applies to:
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Summer school
After school programs
Reading coaches
DOES NOT APPLY TO:
 Supplemental educational services
(20%)
 Preschool
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Reservation for Teachers
and Families
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If LEA reserves funds for parental
involvement or professional
development
Then proportional amount to
nonpublic
34 CFR sect 200.65(a)
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Example
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LEA reserves 1% of $500,000
allocation for parental involvement,
or $5,000.
Of all low-income families residing in
participating attendance area, 5%
are private. Then 5% of $5,000
used for families of participating
private school students.
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Professional Development
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For private school teachers of
participants
Not for LEA teachers of participants
Consult over appropriate services
Private school officials cannot
arrange, then submit invoice to LEA
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Poverty Data
5 options:
1. Data from same source
2. Survey, with extrapolation
3. Comparable data from different
source
4. Proportionality
5. Correlated measure
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Proportionality
• Applying low-income % of each public
school attendance area to number of
private school children who reside in
that area
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Correlated measure
• Determining the proportional
relationship between two sources and
applying that ratio to known source or
private school students
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Poverty Data: Guidance
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USDE preferred method: Same
source (FRPL)
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BUT – Legis and regs say equally available
May used >1 method
• Use comparable income levels
• No duplication
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Collect Annually or Biennially
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Purpose: to reduce burden
Subject to consultation
Not necessary to have uniform
procedure for all private schools
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Distributing the Funds
Two options:
1) Pooling: pool the funds to use for
students with greatest educational
need anywhere in LEA; or
2) School-by-School: funds follow
child to private school for
educationally needy child in that
school
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Under Pooling Option
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If a private school with students
eligible for service chooses not to
participate, funds generated by low
income students in that school
remain in the pool.
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What if LEA chooses to “skip” a
public school on its list?
If LEA meets the 3 requirements in
order to “skip” public school on its
list, eligible private school students
who reside in that public school
attendance area still must:
1) generate funds, and
2) receive services, if eligible.
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Who gets served??
Eligibility for Services
Who is eligible for services?
1) Reside in participating public school
attendance area; AND
2) Meet sect 1115 criteria
• educationally needy
• status eligibility: homeless, Head Start,
ERF, etc.
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Selection criteria
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Determined by LEA, in consultation
Multiple, educationally-related
objective
• Achievement tests, teacher referrals,
grades
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Preschool-grade 2:
• Solely on basis of criteria such as
teacher judgment, parent interviews,
and developmentally appropriate means
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Poverty is NOT a criterion
# of low-income ≠
service
# eligible for
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Service Delivery
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Directly, through private company,
or another LEA
May be on-site at private school,
with safeguards
Neutral, secular and non-ideological
Benefit of students, not private
school
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LEA controls!
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LEA is responsible for planning,
designing and implementing the Title
I program
Through consultation
LEA cannot delegate to private
schools or third party contractors
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Examples
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Instruction provided by LEA
employees or third-party contractors
Extended-day services
Family literacy
Counseling
Computer-assisted instruction
Home tutoring
Take home-computers
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Schoolwide option?
NO!
What if child resides in LEA XX,
and attends private school in
LEA YY?
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LEA XX is responsible.
LEA where child resides is
responsible for arranging for
services.
May arrange to have services
provided by another LEA and
reimburse for cost.
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Timing of Services
Guidance:
 Must begin at same time as public
program
 If not, LEA should provide additional
services during the remainder of the
year and carry over any unspent
funds
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Agostini: Safeguards
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Services may be on-site at private
school, with safeguards
Guidance: need not mirror NYC
program
Guidance: need not remove religious
objects from room
Neutral, secular and non-ideological
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Sect 1119 Staff Qualifications
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Do NOT apply to:
• private school teachers or
paraprofessionals
• third party contractor teachers or paras
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DOES apply to:
• LEA teachers teaching private school
students
• LEA paraprofessionals
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Accountability
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Must assess participating private
school students
• Need not be state assessment
• Consultation
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Compare against relevant adequate
progress measure
No school improvement
consequences (choice, supplemental
services, etc.)
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How to handle carryover??
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If equitable services provided, then
carryover reverts to regular Title I
pot
If equitable services NOT provided,
then earmark for private school
services during carryover year, PLUS
entire new allocation
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Heightened Fiscal Scrutiny
on Third Party Contracts
USDE State Monitoring:
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SEA must require LEA to ensure third
party is in compliance
Provider give “technical descriptions . . .
in detail sufficient to enable the LEA to
determine” requirements met
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LEAs must exercise proper oversight
over invoices
Invoice expenditures in 2 categories:
• Instructional activities and
administrative costs
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Within each category, provide detail
sufficient to determine compliance
• Name and salary of each teacher,
instructional materials purchased,
supervisor’s salary, office expenses,
travel costs, capital expense type costs,
and fee
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Title to equipment purchased by
third party providers
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Sect 1120(d): Public Control of Funds:
The control of Title I funds and title to
materials, equipment, and property
purchased with such funds, shall be in
a public agency
The public agency shall administer
Title I funds, materials, equipment,
and property
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