Disclaimer PA’s State Plan will be submitted September 18, 2017. We will have more details about the specific impacts after approval from USDE. During FRW we can present changes. During FA/Amendments, LEAs will have a chance to make changes to the Consolidated Application. Disclaimer:  Analysis of provisions related to ESSA contained in this PowerPoint are based on a limited review of an expansive new federal law, the provisions of which are subject to interpretation and regulation by the U.S. Department of Education and the Pennsylvania Department of Education.

An Overview Title I Non Public ESSA Changes Lynn Calvello PAFPC May 2017 Don McCrone

An Overview Title I Non Public ESSA Changes Reminder - except as otherwise provided in the ESSA guidance, the existing NCLB non-regulatory guidance from 2009 remains applicable! Guidance

An Overview Title I Non Public ESSA Changes Statutes and Regulations Where are they found? Title I Services to Eligible Private School Children, issued on Oct. 17, 2003, and available at: http://www2.ed.gov/programs/titleiparta/psguidance.doc ; and Title IX, Part E Equitable Services for Eligible Private School Students, Teachers, and Other Educational Personnel Non-Regulatory Guidance, March 2009 https://www2.ed.gov/policy/elsec/guid/equitableserguidance.doc Fiscal Changes and Equitable Services Requirements under ESEA, as amended by ESSA, November 21, 2016 https://www2.ed.gov/policy/elsec/leg/essa/essaguidance160477.pdf

An Overview Title I Non Public ESSA Changes Resources Ensuring Equitable Services to Private School Children: A Title I Resource Tool Kit, September 2006 https://www2.ed.gov/programs/titleiparta/ps/titleitoolkit.pdf Also found on the DFP section of the PDE website under the ESSA guidance

An Overview Title I Non Public ESSA Changes Consultation Proportionate Share Allocation of Funds Eligibility Types and Delivery of Equitable Services

An Overview Tiltle I Non Public ESSA Changes To help ensure equitable services and other benefits for eligible private school children, teachers and other educational personnel, and families, an SEA must designate an ombudsman to monitor and enforce ESEA equitable services requirements under both Title I and Title VIII. NEW Ombudsman ESEA sections 1117(a)(3)(B) and 8501(a)(3)(B) Discussion Points on Ombudsman are: who does the Ombudsman report to? How does he/she monitor programs? How is the information collected? The primary responsibilities of an ombudsman are to monitor and enforce the equitable services requirements in Titles I and VIII. Accordingly, an ombudsman should work with SEA staff administering Title I and programs covered under Title VIII to develop monitoring protocols applicable to the provision of equitable services under each program. To ensure that monitoring protocols are being followed, the ombudsman should take an active role in the monitoring process, particularly with respect to the resolution of any findings regarding equitable services requirements under Titles I and VIII. The ombudsman also should serve as the primary point of contact for responding to and resolving any complaints regarding equitable services that the SEA receives under its ESEA complaint procedures. New Requirement: Ombudsman To help ensure equitable services and other benefits for eligible private school children, teachers and other educational personnel, and families, an SEA must designate an ombudsman to monitor and enforce ESEA equitable services requirements under both Title I and Title VIII. (ESEA sections 1117(a)(3)(B) and 8501(a)(3)(B) EQUITABLE SERVICES REQUIREMENTS UNDER THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (ESEA), AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT (ESSA):

An Overview Tiltle I Non Public ESSA Changes Impartial Mediator Ensures equitable services and benefits Point of contact between PDE, private school officials, and LEAs Monitors to enforce equitable service requirements under Titles I and VIII NEW Ombudsman ESEA sections 1117(a)(3)(B) and 8501(a)(3)(B) Discussion Points on Ombudsman are: who does the Ombudsman report to? How does he/she monitor programs? How is the information collected? The primary responsibilities of an ombudsman are to monitor and enforce the equitable services requirements in Titles I and VIII. Accordingly, an ombudsman should work with SEA staff administering Title I and programs covered under Title VIII to develop monitoring protocols applicable to the provision of equitable services under each program. To ensure that monitoring protocols are being followed, the ombudsman should take an active role in the monitoring process, particularly with respect to the resolution of any findings regarding equitable services requirements under Titles I and VIII. The ombudsman also should serve as the primary point of contact for responding to and resolving any complaints regarding equitable services that the SEA receives under its ESEA complaint procedures. New Requirement: Ombudsman To help ensure equitable services and other benefits for eligible private school children, teachers and other educational personnel, and families, an SEA must designate an ombudsman to monitor and enforce ESEA equitable services requirements under both Title I and Title VIII. (ESEA sections 1117(a)(3)(B) and 8501(a)(3)(B) EQUITABLE SERVICES REQUIREMENTS UNDER THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (ESEA), AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT (ESSA):

An Overview Title I Non Public ESSA Changes Goal of consultation is agreement between the LEA and appropriate private school officials on how to provide equitable and effective programs Annual Requirement An email, telephone call or letter simply explaining the intent of the program is not enough; LEA must provide “timely and meaningful” consultation with appropriate private school officials. Consultation CHANGE TO EXISTING REQUIREMENTS ESEA sections 1117(b)(1) Change to Existing Requirement: Consultation [HAND OUT] The goal of consultation is agreement between the LEA and appropriate private school officials on how to provide equitable and effective programs for eligible private school children. (ESEA sections 1117(b)(1) and 8501(c)(1), (5)

An Overview Title I Non Public ESSA Changes Consultation must include the following: How the LEA will identify the needs of eligible private school children; What services the LEA will offer to eligible students; How, where and by whom the services will be provided; How the LEA will academically assess the services and how the LEA will use the results to improve the Title I services; The size and scope of the equitable services that the LEA will provide; Consultation Sec. 1117(b)(1) and 8501(c) Change to Existing Requirement: Consultation [HAND OUT] The goal of consultation is agreement between the LEA and appropriate private school officials on how to provide equitable and effective programs for eligible private school children. (ESEA sections 1117(b)(1) and 8501(c)(1), (5)

An Overview Title I Non Public ESSA Changes The topics subject to consultation have been expanded to include the following: How the proportion of funds allocated for equitable services is determined. Whether the LEA will provide services directly or through a separate government agency, consortium, entity or third-party contractor. (IGA) Whether to provide equitable services to eligible private school children by pooling funds or on a school-by-school basis. Consultation Changes to Existing Requirement: Sec. 1117(b)(1) Change to Existing Requirement: Consultation [HAND OUT] The goal of consultation is agreement between the LEA and appropriate private school officials on how to provide equitable and effective programs for eligible private school children. (ESEA sections 1117(b)(1) and 8501(c)(1), (5)

An Overview Title I Non Public ESSA Changes When, including the approximate time of day, services will be provided. Whether to consolidate and use funds available for Title I equitable services in coordination with eligible funds available for equitable services under programs covered under section 8501(b) to provide services to eligible private school children in participating programs. Consultation Changes to Existing Requirement: Sec. 1117(b)(1) (cont.) Change to Existing Requirement: Consultation [HAND OUT] The goal of consultation is agreement between the LEA and appropriate private school officials on how to provide equitable and effective programs for eligible private school children. (ESEA sections 1117(b)(1) and 8501(c)(1), (5)

An Overview Tiltle I Non Public ESSA Changes NEW LEAs must also give private schools option of signing written affirmation indicating timely and meaningful consultation did not occur or that the program design is inequitable. Consultation Written Affirmation Form to be available on DFP (Federal Programs) section of PDE website [HANDOUT] EQUITABLE SERVICES REQUIREMENTS UNDER THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (ESEA), AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT (ESSA):

An Overview Title I Non Public ESSA Changes After consultation the signed agreement forwarded to the Ombudsman. - uploaded in eGrants during the 2017-18 Consolidated application process. Consultation Change to Existing Requirement: Consultation [HAND OUT] The goal of consultation is agreement between the LEA and appropriate private school officials on how to provide equitable and effective programs for eligible private school children. (ESEA sections 1117(b)(1) and 8501(c)(1), (5)

An Overview Title I Non Public ESSA Changes If an LEA disagrees with the views of private school officials with respect to any topic subject to consultation, LEA must provide in writing to the private school officials the reasons why the LEA disagrees. Final decision rests with the LEA Disagreement Sec. 1117(b)(2) and 8501(c) Form to be available on DFP (Federal Programs) section of PDE website [HANDOUT] EQUITABLE SERVICES REQUIREMENTS UNDER THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (ESEA), AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT (ESSA):

An Overview Title I Non Public ESSA Changes NEW Deriving the Proportionate Share Proportionate share must be calculated BEFORE any allowable set asides by the LEA LEA applies the private school proportion to the LEA’s total Title I allocation to determine the equitable services proportionate share. NEW Proportionate Share Sec. 1117(a)(4) Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. . (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

An Overview Title I Non Public ESSA Changes Proportionate Share Formula: LEA Determines: The Title I public attendance school areas; number of children from low-income families residing in each participating area who attend public and private schools; proportion of children from low-income families residing in each eligible area who attends private schools; and, applies the private school proportion to the LEA’s total Title I allocation to determine the equitable services proportionate share. Proportionate Share (cont.) Sec. 1117(a)(4) Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

Title I A Proportionate Share Example: Proportionate (Equitable) share formula assuming LEA receives $1M in Title I funds 1. Student must reside in participating public school attendance area; 2.Attend a private elementary or secondary school (regardless of location); AND 3.Be identified as an eligible Title I student (same as targeted assistance school Section 115(c) criteria) Title I funds may not be used to identify private school children who are eligible to participate; private school data should be used for this purpose. However - Title I funds may be used to select participants from among those who are eligible and to determine their specific educational need

An Overview Title I Non Public ESSA Changes Options for Calculating Poverty Data on Private School Students To obtain the count of private school children from low-income families, LEAs may use: Free & Reduced TANF Survey CEP data w/ multiplier Calculating Poverty Data on Private School Students 1117(c)(1) Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

An Overview Title I Non Public ESSA Changes Data from multiple sources can be used as long the counts are non duplicated But ALL options are equally available The choice of poverty measures is subject to timely and meaningful consultation with private school officials. However, the NCLB regulations make clear that after such consultation, the LEA will have the final authority in determining the method used. 34 CFR section 200.78(a)(2)(iv). Options for Calculating Poverty Data on Private School Students (cont.) 1117(c)(1) Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

An Overview Title I Non Public ESSA Changes NEW Set-aside includes: -Administrative costs for equitable services (reasonable and necessary out of this set-aside) -Parent Engagement (Proportionate amount of 1% Total Title I allocation) -Using previous example: 1% of $1M allocation = $1,000 (Non Public Share) - Summer School & PD optional (decision reached during consultation) Title I, A Expenditures/ Proportionate Share (cont.) Sec. 1117(a)(4) Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

Proportionate Share Example 1. Student must reside in participating public school attendance area; 2.Attend a private elementary or secondary school (regardless of location); AND 3.Be identified as an eligible Title I student (same as targeted assistance school Section 115(c) criteria) Title I funds may not be used to identify private school children who are eligible to participate; private school data should be used for this purpose. However - Title I funds may be used to select participants from among those who are eligible and to determine their specific educational need

An Overview Title I Non Public ESSA Changes Equitable Share Carryover Funds allocated for eligible private schools must be obligated in fiscal year for which funds are received Extenuating Circumstances LEA must consult with private school officials to determine use of carryover funds if determined Funds may remain available for services under the respective program in subsequent year Proportionate Share Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

An Overview Title I Non Public ESSA Changes Distribution of Funds Two options: 1) Pooling: pool the funds to use for students with greatest educational need in any eligible schools; or 2) School-by-School: funds follow student to private school for educationally needy students in that school Allocation of Funds Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

An Overview Title I Non Public ESSA Changes Eligibility for Services 1.Reside in participating public school attendance area; 2.Attend a private elementary or secondary school (regardless of location); and 3.Be identified as an eligible Title I student (same as targeted assistance school Section 115(c) criteria) Title I, Part A Eligibility 1117(a) and 1115(c) Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

An Overview Title I Non Public ESSA Changes Eligibility for Services Title I funds may not be used to identify private school children who are eligible to participate; private school data should be used for this purpose. However, Title I funds may be used to select participants from among those who are eligible and to determine their specific educational needs. Title I, Part A Eligibility 1117(a) and 1115(c) (cont.) Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

An Overview Title I Non Public ESSA Changes Services must benefit students - not the private schools. 34 CFR section 76.658 NEW Services, may include: Supplemental Special Educational services, Instructional services (including evaluations to determine the progress in meeting such students’ academic needs), Counseling or Mentoring, One-on-one tutoring, Other benefits under Title I (such as dual or concurrent enrollment, technology, equipment, etc.). Title I A Types of Equitable Services 1117(a)(1)(A) Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

An Overview Title I Non Public ESSA Changes English, reading or language arts, writing, science, technology, engineering, mathematics, computer science, foreign languages, civics and government, economics, arts, music history, geography, career and technical education, health, physical education, and others as designated by State/LEA Such educational services or other benefits, including materials and equipment, shall be secular, neutral, and non-ideological. Sec. 1117(a)(2) Well Rounded Education Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

An Overview Title I Non Public ESSA Changes Addresses and assesses the specific needs and educational progress of eligible children on a basis comparable to public school children; Provides private school students with an equitable opportunity to participate and provides reasonable promise in achieving the state’s standards or equivalent standards applicable to private school students. Equitable Services 34 CFR 200.64 Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

An Overview Title I Non Public ESSA Changes The program must be comparable in quality, scope, and opportunity for participation. The LEA shall provide different benefits IF the needs of the students enrolled in private schools differ from those of public school students. Comparable Benefit EDGAR 76.654 Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

An Overview Title I Non Public ESSA Changes Timing of Services Nonpublic School Guidance under NCLB Services for private school children must begin at the same time as services for public school children Timing is everything Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

An Overview Title I Non Public ESSA Changes Directly, through private company, or another LEA (IGA) May be on-site at private school, with safeguards (religious items may remain in the classroom) Neutral, secular, and non-ideological (Section 8505) Delivery of Services 1117(a)(5) and 8501(a)(2) Change to Existing Requirement: Allocating Funds for Equitable Services Expenditures for equitable services to eligible private school children, teachers and other educational personnel, and families must be equal to the proportion of funds allocated to participating public school attendance areas based on the number of children from low-income families who reside in those attendance areas and attend private schools. An LEA must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds. (See ESEA section 1117(a)(4)(A).) New Requirement: Obligation of Funds Funds allocated to an LEA for educational services and other benefits to eligible private school children, teachers and other educational personnel, and families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).)

An Overview Title I Non Public ESSA Changes Through consultation LEA plans, designs, and implements program. The LEA controls funds, materials, equipment, and property purchased. The LEA administers funds, materials, equipment, and property. The LEA is ultimately responsible for the programs effectiveness LEA Control Sec. 1117(d) and 8501(d) The LEA may place equipment and supplies in a private school for the period of time needed for the program. Equipment and supplies must only be used for Title I purposes and must be removed without remodeling the private school facility. •The LEA is required to remove the equipment and supplies from the private school if the LEA no longer needs these items to provide the Title I services, or if removal is necessary to avoid unauthorized use of the items for other than Title I purposes. 34 CFR 76.661.

An Overview Title I Non Public ESSA Changes An LEA must provide participating private school students with an equitable opportunity to meet the state standards. However, these standards may not necessarily be aligned with the private school curriculum. After consultation, the LEA may use other assessment measures that more accurately reflect the progress of those students. Assessment of Students The LEA may place equipment and supplies in a private school for the period of time needed for the program. Equipment and supplies must only be used for Title I purposes and must be removed without remodeling the private school facility. •The LEA is required to remove the equipment and supplies from the private school if the LEA no longer needs these items to provide the Title I services, or if removal is necessary to avoid unauthorized use of the items for other than Title I purposes. 34 CFR 76.661.

Title I Non-Public NEW 2017-2018 An LEA must determine how services will be academically assessed and how the results of that assessment will be used to improve those services. The LEA will normally assess private school children in the subjects in which they receive Title I services. Title I funds may be used to assess (NOT identify) these students, but only to the extent that the assessment is not otherwise conducted for other purposes. Evaluation of the Program Sec. 1117(b)(1)(D)

Title I Non Public and finally… LEA has failed to provide timely & meaningful consultation; Made a decision that does not treat all stakeholders equally; Has not met the legal requirement to provide equitable services to private school students Problem Non public may file a complaint with PDE Sec. 1117(b)(6) and 8501(c)(6) If the PDE’s resolution is not satisfactory, private school officials may appeal to the U.S. Secretary of Education Solution

An Overview Title I Non Public ESSA Changes NEW The SEA (PDE) must provide the required equitable services under Title I either directly or through third-party contracts if the appropriate private school officials have met two criteria: 1. The private school officials have requested that PDE provide such services directly; and 2. The private school officials have demonstrated that the LEA involved has not met the legal requirement to provide equitable services to private school students. NEW Solution (cont.) The LEA may place equipment and supplies in a private school for the period of time needed for the program. Equipment and supplies must only be used for Title I purposes and must be removed without remodeling the private school facility. •The LEA is required to remove the equipment and supplies from the private school if the LEA no longer needs these items to provide the Title I services, or if removal is necessary to avoid unauthorized use of the items for other than Title I purposes. 34 CFR 76.661.

An Overview Title I Non Public ESSA Changes Complaint Appeal Process If the PDE's resolution is not satisfactory, private school officials may appeal to the USDE 30 days to appeal - or may appeal after PDE 45 deadline passes if unresolved. ESSA mandates that the Secretary must complete an investigation and resolve the appeal within 90 days. (NCLB was 120 days) Solution (cont.) Sec. 8503(b) The LEA may place equipment and supplies in a private school for the period of time needed for the program. Equipment and supplies must only be used for Title I purposes and must be removed without remodeling the private school facility. •The LEA is required to remove the equipment and supplies from the private school if the LEA no longer needs these items to provide the Title I services, or if removal is necessary to avoid unauthorized use of the items for other than Title I purposes. 34 CFR 76.661.

An Overview Title I Non Public ESSA Changes If an LEA or PDE is prohibited by state law from providing equitable educational services to private school students, or If the Secretary determines the LEA or PDE has substantially failed or is unwilling to do so, Then USDE will “bypass” the educational agency and assume the responsibility of providing the required services using an appropriate portion of the educational agency’s allocation. Bypass procedures and appeal rights are under EDGAR 76.670 Solution (cont.) USDE Bypass Sec. 8502 and 8504 The LEA may place equipment and supplies in a private school for the period of time needed for the program. Equipment and supplies must only be used for Title I purposes and must be removed without remodeling the private school facility. •The LEA is required to remove the equipment and supplies from the private school if the LEA no longer needs these items to provide the Title I services, or if removal is necessary to avoid unauthorized use of the items for other than Title I purposes. 34 CFR 76.661.

An Overview Title I Non Public ESSA Changes REMINDER Procurement falls under UGG, the rules apply equally to all federal programs. If costs are less than $3,500 then no quotes/bidding is necessary. If costs fall between $3,500 and $150,000 then you must obtain 3 quotes on costs from 3 different providers. If costs exceed $150,000 then formal bidding/RFP requirements under PA school code apply. UGG Procurement Requirements Discussion Points on Ombudsman are: who does the Ombudsman report to? How does he/she monitor programs? How is the information collected? Uploaded to eGrants EQUITABLE SERVICES REQUIREMENTS UNDER THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (ESEA), AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT (ESSA):

An Overview Title I Non Public ESSA Changes LEAs attempts for consultation to occur Emails, mailing receipts, etc. Meeting minutes How decisions were reached Disagreements / dispute resolution Copies of signed documents Contracts Document Document!

An Overview Title I Non Public ESSA Changes Title VIII ESEA Sec. 8501 (b) Title I, C Migrant Children Title II, A Instruction Title III, A English Learners Title IV, A Student Support and Academic Enrichment Title VI, B 21st CCLC Change to Existing Requirement: Updates to Programs Covered Under Title VIII ESEA Sec. 8501 (b) Equitable Services Requirements Title I, Part A (Sec. 1117) Title VIII (Sec. 8501) Title I, C Migrant Children Title II, A Instruction Title III, A English Learners Title IV, A Student Support and Academic Enrichment Title VI, B 21stCCLC

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