Equitable Services for ESEA Title Programs

Since the initial passage of the Elementary and Secondary Education Act of 1965 (ESEA), private school students and teachers have been eligible to participate in certain ESEA programs, including Title I, Part A. The reauthorization of the ESEA by the Every Student Succeeds Act (ESSA) continues the requirement that a State educational agency (SEA), local educational agency (LEA), educational service agency, consortium of those agencies, or another entity that receives funds under a Title VIII covered program or Title I Part A provide equitable services to eligible nonpublic school children and educators.

Title I, Part A Equitable Services Guidance

Title I, Part A of the ESEA provides all children significant opportunity to receive a fair, equitable, and high-quality education and aims to close educational achievement gaps (ESEA Section 1001). Each LEA that receives Title I, Part A funds must identify public school attendance areas and schools that have high concentrations of children from low-income families as eligible to participate in Title I, Part A programs (ESEA Section 1113).

Section 1117 of ESEA requires participating Title I, Part A LEAs, in consultation with appropriate nonpublic school officials, to provide eligible children attending nonpublic (non-profit) elementary and secondary schools, their teachers, and their families with Title I, Part A services or other benefits that are equitable to those provided to eligible public-school children, their teachers, and their families. 

The U.S. Department of Education has provided non-regulatory guidance to assist in providing equitable services to eligible nonpublic-school children, teachers, and their families. 

The New Hampshire Department of Education (NHED), furthermore, has created guidance to assist LEAs in implementing equitable services in accordance with ESEA and the U.S. Department of Education non-regulatory guidance. 

Title VIII, Part F Equitable Services Guidance

ESEA section 8501 requires an LEA participating in a covered ESEA program, in consultation with appropriate nonpublic school officials, to provide eligible private school children and educators with services or other benefits that are equitable to those being provided to eligible public-school children and educators. 

Programs covered by Title VIII include the following grants:

  • Title I, Part C- Education of Migratory Children;
  • Title II, Part A- Supporting Effective Instruction;
  • Title III, Part A- English Language Acquisition, Language Enhancement, and Academic Achievement;
  • Title IV, Part A- Student Support and Academic Enrichment Grants;
  • Title IV, Part B- Nita M. Lowey 21st Century Community Learning Centers (21st CCLE); and
  • Title IV, Part F, section 4631- Project SERV.

The U.S. Department of Education has provided non-regulatory guidance to assist in providing equitable services to eligible nonpublic-school children, teachers, and other educational personnel. 

The New Hampshire Department of Education, furthermore, has created guidance to assist LEAs in implementing equitable services in accordance with ESEA and the U.S. Department of Education non-regulatory guidance. 

Equitable Services Affirmation

Sections 1117(b) and 8501(c) of ESSA require that timely and meaningful consultation occur between the LEA and private-school official(s) prior to any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to participate in programs subject to equitable participation. Consultation must continue throughout the implementation and assessment of activities in programs subject to equitable participation requirements. 

The goal of consultation is agreement between the LEA and the nonpublic school officials on how to provide equitable and effective programs for eligible students, teachers, families, and/or other educational personnel. Each LEA must maintain records via written affirmation that meaningful consultation has occurred. There shall also be an option for the nonpublic school official to indicate that consultation has not occurred or that the services proposed are not equitable. 

The New Hampshire Department of Education releases affirmation documentation annually to be fully executed by the LEA in partnership with nonpublic school officials. 

Additionally, per section 1117(a)(4)(C), the state educational agency, NHED, must provide notice - in a timely manner to appropriate nonpublic school officials - the proportional share of funds that the LEAs have determined are available for eligible private school children, their teachers, their families, and/or other educational personnel. To meet this requirement, NHED collects semi-annually the proportional share calculations for each ESEA program in a consolidated format organized by District/School/Private School. 

Transferability and Equitable Services

ESEA Section 5103 gives an LEA the flexibility to transfer all or some of its funds under two covered ESEA programs to other eligible ESEA programs. Under this authority, the LEA may transfer up to 100 percent of funds received under Title II, Part A, Title IV, Part A into, for example, Title I, Part A, but may not transfer funding out of Title I, Part A. An LEA does not need prior approval from NHED to exercise the transferability authority, but before an LEA may transfer funds, it must engage in timely and meaningful consultation with appropriate nonpublic school officials. Additionally, the LEA must recalculate equitable share for those programs effected. 

SEA Equitable Services Consultation

Under the ESEA, the State Educational Agency (SEA) has the responsibility to implement equitable services for qualified nonprofit nonpublic school teachers and administrators to the extent that it reserves any funds under ESEA Section 2101(c)(1) for any of the State-level activities authorized under sections 2101(c)(3-4). 

State-level activities in which qualified nonprofit nonpublic school teachers and administrators may participate must be determined in consultation between the SEA and appropriate private school officials. Consultation between NHED and the nonprofit nonpublic schools will be done no less than annually and will be meaningful and ongoing. Additional information forthcoming.