Private Schools: Title I-A & II-A Equitable Services to Private Schools Russ Sweet Team Lead, Federal Systems Team Oregon Department of Education Odyssey Conference August 2016

Today’s Objectives Private Schools under Every Student Succeeds Act (ESSA) Communicate Basic Regulations Responsibilities of the Parties Involved Consultation Process Services vs. Funds Communication Essentials Developing Partnerships Program Design When Things Go Awry Resources

The Overarching Goals Districts, private schools, School districts and private schools work in partnership Communication between the district and private school is essential Districts, private schools, and the state agency meet the requirements

Federal Requirement Under the uniform provisions, school districts are required to make educational services available to eligible private school students and educational personnel consistent with the number of eligible students enrolled in private elementary and secondary schools in the areas served by the district.

What’s new under ESSA? Establishment of the State Ombudsman for private schools More state communication directly with private schools SEA transparency with funding and equitable shares for private schools

We are in a transition period during the 2016 – 17 school year.

BUT, Private Schools are under no obligation to participate Basic Regulations Comparable Address the private school needs Timely Services: BUT, Private Schools are under no obligation to participate Services must be: Must be comparable to the services provided to public school students and educational personnel participating in the program Must address the private school’s needs under the program Must be provided in a timely manner

Responsibilities of Parties Involved School District Private School

Title I-A & Private Schools It’s all about the school district and the private school working together for the mutual benefit of the students served.

School districts are required to: Consult with private schools Spend an equal amount of funds Provide equitable services to students and staff Offer secular, neutral, and non-ideological services School Districts are required to: Consult with private schools to assess, address and evaluate the needs of private school students and educators; Spend an equal amount of funds per student to provide services; Provide private school students and educators with an opportunity to participate in activities equivalent to the opportunity provided to public school students and educators; and Offer services that are secular, neutral, and non-ideological.

Private schools can assist this process: Participate in the entire consultation Respond to the district’s request for information Provide documentation on the needs of students and educators Allow the assessment of student achievement Private Schools assist in the process by: Actively participating in the entire consultation process in person; Responding to the district’s request for information in a timely manner; Providing documentation on the needs of students and educators in accordance with the program’s requirements; and Allowing the assessment of student achievement in accordance with the program’s requirements.

Assist districts in determining eligibility Collect Family Income information Income surveys can be found on the ODE website at: http://www.ode.state.or.us/search/page/?id=1668 Scroll down and look for the document: Confidential Family Income Survey Districts sometimes need assistance with determining eligibility by collecting income survey information from parents of private school students. Income surveys can be found on the ODE website at: http://www.ode.state.or.us/search/page/?id=1668 Scroll down and look for the document, Confidential Family Income Survey.

Deciding to Participate or Not Private schools need to know and fully understand what their responsibilities will be should the private school decide to participate.

Districts reach out to private schools Each spring, the district sends a certified letter with return receipt requested, inviting the private school to participate. The district follows up with a phone call to those private schools which have not responded. The district may set a deadline. If there is no response, the district is under no obligation to proceed further. Districts are to reach out to private schools: Each spring, the district sends a certified letter with return receipt requested, inviting the private school to participate. Districts usually include a self-addressed stamped envelop for the private school to either indicate they will participate or refuse the services. Districts follow up with a phone call for those private schools which have not responded. The district may set a deadline for this response. If there is no response, the district is under no obligation to proceed further. They have done due diligence.

Districts reach out to private schools Both parties need to respect timelines! Private schools need to understand that public school district operations and timelines are set by the state or federal agencies and ignoring the timelines set by a district may mean the private school misses an opportunity to participate in equitable services. One of the chief concerns raised by both private and public schools is that timelines are not met.

The importance of timelines Districts are required to begin private school services at the same time public services begin Districts are required to have budgets submitted to ODE by October 1 (including descriptions of the private school program(s)) It is important to keep to timelines. Districts are required to begin private school services at the same time public services begin Districts are required to have budgets submitted to ODE by October 1 (which includes descriptions of the private school program(s))

Private schools outside district boundaries ODE maintains that districts need only reach out to private schools within their district boundaries If your private school enrolls students from adjacent districts, the private school must contact the student’s home district to request a consultation for equitable services What are the obligations of school districts when their students attend a private school in an adjacent or other school district? ODE maintains that district need only reach out to private schools within their district boundaries If your private school enrolls students from adjacent districts, the private school must contact the student’s home district to request a consultation for equitable services

What if a private school decides to consult with multiple districts? This is allowable ODE recommends that districts collaborate with one another and the private school in order to operate a more efficient and consistent program What if a private school decides to consult with multiple districts? This is allowable. Each district that has students is a private school is obligated to provide equitable services to their resident students regardless of where the private school is located. ODE recommends that districts collaborate with one another and the private school in order to operate a more efficient and consistent program

Deciding to Participate Begin consultation in spring Respond in writing to district Fully participate in the consultation process in person Deciding to participate Private schools should be ready to make a decision in the spring so consultation can begin. The private school needs to notify its intention in writing as soon as possible during the spring prior to the beginning of the school year. It is imperative that the private school fully participate in the consultation process in person.

Change of Mind Every year at least one district calls ODE and asks this question: “The private school told us in the spring they didn’t want to participate, and now they do. What are we supposed to do?” It is allowable, BUT Districts have finalized budgets and it will often require School Board approval to make the adjustment It delays the beginning of the program Districts may weigh these requests on a case-by-case basis

Consultation The school district and private school jointly develop all aspects of the Title I-A private school program.

What is consultation? Discussion on key issues of the program All parties express their views and have their views considered Establish a positive and productive working relationship What is consultation? It is discussions between public and private school officials on key issues of the program. All parties express their views and have their views considered. Both the private school and public school establish a positive and productive working relationship to ensure services are provided.

What is consultation? It is required under ESEA It is timely and on-going It establishes clear guidelines for how services will be provided to private school students What is consultation? It is required that districts receiving funds under ESEA provide equitable services to private schools. It is timely in that it happens before school begins (preferably the initial consultation should be wrapped up before schools starts). It is also necessary to have routine check-ins with the district to ensure things are going well and to make necessary changes along the way. Clear guidelines that are understood by BOTH parties is necessary

Regulatory Requirements for Consultation What the district addresses or does What the private school must do to make this happen Identifies the eligible private school children and determine academic needs of private school students. Provides names and addresses of students in the private school. Allows the district and/or contractor to assess eligible students to determine academic need. What the district addresses or does: How the district will identify the needs of eligible private school children The district needs to know which students are eligible The district needs to know what academic needs eligible students have What the private school must do to make this happen Provide names and addresses of students in the private school. Private schools may protect student identification (numbering or coding), but it does need to give the district enough information so the district can determine eligibility. Allow the district and/or contractor to assess eligible students to determine academic need. This will require district-approved assessments.

Regulatory Requirements for Consultation What the district addresses or does What the private school must do to make this happen Determines the services the district can offer to eligible private school children. Actively and in person, participates in the consultation process. What the district addresses or does What services the district will offer to eligible private school children. Through the consultation process, both the district and private school will determine the services to be provided, however, the district is responsible for the provision of the services. What the private school must do to make this happen Actively and in person, participate in the consultation process. Whether services are provided by district personnel or a third party contractor, the private school needs to facilitate the ability of the instructional staff to be able to implement the program fully. Allow for regular communication between the Title I-A program teacher and the private school teachers of those students being served.

Regulatory Requirements for Consultation What the district addresses or does What the private school must do to make this happen How and when the district will make decisions about the delivery of services. Staff from private schools must actively participate in the timely consultation process and do so in person. How and when the district will make decisions about the delivery of services. Every aspect of the decision-making process needs to be spelled out including a timeline of when decisions must be made. Staff from private schools must actively participate in the timely consultation process and do so in person. Provide input about the decision-making process. Follow timelines Show up for meetings.

Regulatory Requirements for Consultation What the district addresses or does What the private school must do to make this happen How, where, and by whom the district will provide services to eligible private school children. Management of the Title I-A staff and/or contractor providing services Both parties must come to agreement on how, where, and by whom these services will take place. What the district addresses or does How, where, and by whom the district will provide services to eligible private school children. Services may be provided through a teacher or through a computer-based program. Services may be provided at the private school or at a nearby district facility. The district will either provide the private school services themselves or will hire a third party contractor to provide the services. In either case, the district is responsible for directing the Title I-A teacher and/or the contractor. What the private school must do to make this happen Both parties must come to agreement on how, where, and by whom these services will take place Management of the Title I-A staff and/or contractor is done by the school district, not the private school

Regulatory Requirements for Consultation What the district addresses or does What the private school must do to make this happen How the district will academically assess the services to private school children. How the district will use the results of that assessment to improve Title I-A services Allow regular assessment of private school students participating in the program What the district addresses or does How the district will assess academically the services to private school children and how the district will use the results of that assessment to improve Title I-A services Districts must use multiple objective, educationally related criteria to determine which eligible students must be served. Districts must use data to evaluate and improve the Title I-A program in the private school What the private school must do to make this happen Allow regular assessment of private school students participating in the program Universal screenings three times yearly Further diagnostic assessments to determine specific learning needs Progress monitoring as needed

Regulatory Requirements for Consultation What the district addresses or does What the private school must do to make this happen. The size and scope of the equitable services the district will provide to eligible private school children. The proportion of Title I-A funds the district will allocate for these services and the amount of funds to be reserved from Title I-A. Provide accurate student information to the school district in order to assist the district in determining the amount of equitable services that can be provided. What the district addresses or does The size and scope of the equitable services that the district will provide to eligible private school children and the proportion of its Title I-A funds that the district will allocate for these services and the amount of funds that the LEA reserves from its Title I-A allocation. Districts need to provide an equitable share of services to private schools based on the number of students in poverty who live in a Title I-A attendance area and who attend the participating private school. Districts are under no obligation to exceed that amount of services Provide accurate student information to the school district in order to assist the district in determining the amount of equitable services that can be provided.

How is the equitable share amount for services determined? Does the student attending the private school live in a Title I-A attendance area? Is the student attending the private school determined to be in poverty? The district determines the set aside amount for equitable services by addressing these questions: If the answer to both questions is “yes,” then the student generates an equitable share of services for the private school

Who gets served? Does the student show an academic need based on assessments for service? Does the student attending the private school live in a Title I-A attendance area? Just because a particular student generates the amount to be set aside for equitable services, it does not mean that student will be served. To serve students, the following questions must be addressed: If the answer to both questions is “yes,” then the student can be served

Regulatory Requirements for Consultation What the district addresses or does What the private school must do to make this happen The method or the sources of data the district will use to determine the number of private school children from low-income families residing in participating public school attendance areas, including whether the district will extrapolate data if a survey is used. Provide names and addresses of students in the private school. Private schools may need to assist the district in working with parents to acquire family income information. What the district addresses or does The method, or the sources of data, that the LEA will use to determine the number of private school children from low-income families residing in participating public school attendance areas, including whether the LEA will extrapolate data if a survey is used. It is the district’s responsibility to determine which students are eligible to generate the equitable share of services and who is eligible to be served. What the private school must do to make this happen Provide names and addresses of students in the private school. Private schools may protect student identification (numbering or coding), but it does need to give the district enough information so the district can determine eligibility. Private schools may need to assist the district in working with parents to acquire family income information.

Regulatory Requirements for Consultation What the district addresses or does What the private school must do to make this happen The services the district will provide to teachers and families of participating private school children Work with the district to promote parental involvement and engagement. Discuss and support professional development for teachers who have Title I students in their classroom. What the district addresses or does The services the LEA will provide to teachers and families of participating private school children. ESEA requires schools meet with parents of Title I-A students to: Inform parents about the program and services being offered Build capacity among parents to support their student’s academic growth ESEA allows any teacher who works with a Title I-A student to receive professional development in strategies to support the student in the regular classroom What the private school must do to make this happen Work with the district to promote this parental involvement and engagement. Discuss and support professional development for teachers who have Title I students in their classroom.

Program Design What should a Title I-A program look like in a private school?

Program Specifications Multiple, objected educational criteria Services to parents of eligible students Professional development for teachers Title I-A attendance area All private school Title I-A programs operate as a Targeted Assistance Program Private school programs are targeted assistance programs which means only eligible students may be served. Only eligible students can be served as determined through multiple, objected educational criteria Only parents of eligible students can access parent involvement activities. Only teachers who teach eligible students can access professional development funded through Title I-A. In private schools, only students who live in a Title I-A attendance area are eligible to be served.

Three strands to the program Instructional Program Targeted assistance Reading and/or math Only serve eligible students Professional Development Support for classroom teachers who work with the students Parental Involvement Title I-A parent meeting Building parent capacity The Instructional Program It is run as a Targeted Assistance program which means that only eligible students and parents may participate. Programs can run during the school day Programs can run through an extended day option Programs can be computer-based Targeted assistance programs focus on building reading and math skills Students that are eligible to be served must reside in a Title I-A served attendance area. Professional Development Teachers who work with students being served under Title I-A may access professional development Parental Involvement It is required that a meeting be held with parents of private school students for the purpose of: Explaining the Title I-A program Providing resources for parents to support them in helping their student(s) to succeed.

Title I-A Private Schools – Activities Anything that meets I-A requirements with regard to program, parent involvement and professional development for teachers who work with students in the program Allowable Materials & other purchases for the private school (materials and equipment used for the program remains property of the school district) Non-Allowable Districts may not reimburse private schools directly! Just as ODE is responsible for assuring that proposed district activities meet the requirements of IIA, so are districts responsible for the same assurance for private school activities. If the private school has not determined their aligned activities by the time the district is ready to submit, as long the district application allocates the equitable service amount to the private school the IIA submission can be approved. Districts serve as the fiscal agent for the private school. Funds flow through the district to vendors who provide services, but do not go directly to the private school. 37

Title II-A: Teacher Quality

Title II-A Equitable Services for Private Schools Teachers and principals in private schools within the geographic boundaries of the school division are eligible to participate in Title II, Part A, professional development services See Section G of the Non-Regulatory Guidance for a full discussion of private schools Private schools are eligible for equitable services under Title IIA if they choose to participate. 39

Title II-A Private Schools - Consultation District annually contacts private school to make them aware of their eligibility District calculates equitable service amounts for each private school All private school activities must be based on an assessment of their needs Districts must annually notify private schools of their eligibility to participate. Private schools determine what their needs are and design their activities accordingly. While districts are welcome to include private school staff in their district professional development, private schools cannot be limited to this district PD as their only option. They complete a similar process as districts and the activities they engage in must match their needs. Districts are responsible for calculating the equitable service amounts for private schools and submitting that calculation to their regional reviewer. A self-calculating spreadsheet is available online NOTE: Unlike Title I, all students in a private school are used in completing the calculation for equitable services. What the Guidance Says: LEAs must consult with appropriate private school officials during the design, development, and implementation of the professional development program on such issues as: • how the needs of children and teachers 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 the results of the assessment will be used to improve those services; • the size and scope of the equitable services; • the amount of funds available for those services; and how and when the LEA will m •Consultation on the delivery of services must also include a thorough consideration and analysis of the views of the private school officials on the provision of contract services through potential third-party providers [Section 9501]. G-6 Non- Regulatory Guidance 40

Title II-A How is the equitable share determined? The district receives its Title II-A allocation The district sets aside funds for: Indirect costs Administrative costs Highly qualified teachers Class-size reduction Recruitment Of the remaining funds, the district must provide an equitable share to private schools To calculate total enrollment for the purposes of IIA, districts use their total district enrollment PLUS the total private school enrollment.

Title II-A How is the equitable share determined? Of the remaining funds, the district must provide an equitable share to private schools based on: The total enrollment of students in the district PLUS the total enrollment of students in participating private schools. A per-child amount is determined and the private school’s equitable share is set accordingly.

Title II-A Private Schools – Activities Anything that meets II-A requirements Allowable Salaries/benefits Substitutes Non-Allowable Districts may not reimburse private schools directly! Just as ODE is responsible for assuring that proposed district activities meet the requirements of IIA, so are districts responsible for the same assurance for private school activities. If the private school has not determined their aligned activities by the time the district is ready to submit, as long the district application allocates the equitable service amount to the private school the IIA submission can be approved. Districts serve as the fiscal agent for the private school. Funds flow through the district to vendors who provide services, but do not go directly to the private school. 43

Title II-A Private School Resources Please see resources for Title II-A at: http://www.ode.state.or.us/search/page/?id=2216.

Common Issues between districts and private schools All goes well between the district and the private school until it doesn’t go well.

Reasons things go awry between districts and private schools Insufficient communication between the district and the private school Insufficient understanding of the regulations and parameters of the law Insufficient follow-up on essential tasks in a timely manner Insufficient cooperation between parties Strategies to make this work…

Communication Strategies What to do Hindrances to the process Attend meetings Ask questions for clarification Work toward common understanding of all aspects of the program Learn about the program requirements Skipping meetings Making demands outside of the statute’s parameters Setting unrealistic expectations on either party Being adversarial Remember! This is a negotiation to develop a program for children

Funding vs. Services Under ESEA, no funds may be paid directly to the private school Districts set aside an equitable portion of their Title I-A and II-A allocations to provide equitable services to private schools Curriculum, equipment, and other materials purchased to implement this program are the property of the school district

Funding vs. Services Reimbursements to private school staff for travel expenses and conference attendance must be made directly to the private school staff individually. This may require the district to have social security numbers to meet Internal Revenue Service requirements.

Third Party Contract If during consultation, it is decided a third party contractor is to be used, the contract is between the district and the contractor. It is inappropriate for the private school staff to request additional services of the contractor outside the contract agreement (e.g., serving ineligible children, attending staff meetings not already designated within the contract, or other duties, not designated within the contract).

ODE monitors districts on their work with private schools We check on the following: How and when districts reach out to private schools Timeliness and completeness of the consultation process Equitable funds provided The sufficiency of the private school instructional program

ODE monitors districts on their work with private schools We check on the following: Memorandums of understanding and/or third party contracts Reports on student assessment and progress under the program Program evaluation

Be Flexible when possible Whenever two entities work together, there are bound to be times when each entity’s policies and procedures will come in conflict. Look for common ground Look for opportunities for flexibility Call on us (ODE) to help find a solution

Complaint Procedure States are required to establish a complaint procedure.

Resolving a complaint Complaints originating from a private school staff member or parent should be resolved at the lowest possible level. Sometimes complaints need to be made to resolve issues or to assist in the clarification of issues. The goal should always be to do what is best to get the program back on track for the benefit of the students.

Steps of the Complaint Process Informal Level Meet with your district program staff and attempt to resolve the issue District Level You may file a formal complaint with the district school board Appeal to the ODE You may appeal the decision to the private school program specialist Appeal to USED You may appeal the decision to the Office of Non-Public Instruction at USED Appeals that are made to the Oregon Department of Education should be addressed to the Private School Speicialist: Oregon Department of Education Public Service Building 255 Capitol Street NE Salem, Oregon 97310 Attn. Russ Sweet

Other ESEA programs that require private school participation Education of Migratory Children Mathematics and Science Partnerships English Language Acquisition, Language Enhancement, and Academic Achievement Act 21st Century Community Learning Centers

QUESTIONS?

Further Resources for Private Schools ODE Website: Title I-A: http://www.ode.state.or.us/search/page/?id=3345 Title II-A: http://www.ode.state.or.us/search/page/?id=2216. US Department of Education Website: Office of Non-Public Education: http://www2.ed.gov/about/offices/list/oii/nonpublic/index.html.

Team Lead, Federal Systems Team Contact Information Russ Sweet Team Lead, Federal Systems Team russ.sweet@state.or.us (503)947-5638

Thank you for attending today’s session!