Equitable Services Sections 1117 and 8501 of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Success Act (ESSA), require participating local educational agencies (LEA) to provide eligible private school students, their teachers, and their families with services that are equitable to those services provided to eligible public school students, their teachers, and their families.

ESSA’s Equitable Services Requirements Section 1117: Title I Part A - Academic Achievement of At-Risk Students Section 8501: Title I Part C - Education of Migratory Children Title II Part A - Supporting Effective Instruction Title III Part A - Language Instruction for Limited English Proficient and Immigrant Students Title IV Part A - Student Support and Academic Enrichment Title IV Part B - 21st Century Community Learning Centers (CCLC)

Timely Allocations Private schools must have equitable access to advance, preliminary, and final funds, just as the LEA does. The LEA should not withhold allocation amount from private schools at any time. To ensure that equitable services are provided in a timely manner, an LEA must obligate the funds allocated for equitable services under all applicable programs in the year for which they are appropriated (Sections 1117(a)(4)(B) and 8501(a)(4)(B), ESEA). When LEAs receive their 25% advance on July 1st, private schools should also have access to 25% of their allocation amount at this time. Once the LEA has an approved application, private schools should have access to their entire allocation amount, regardless of the status of the LEA allocation (preliminary allocations vs. final allocations). LEAs should not withhold allocation amounts and access to funds from private schools at any time.

Timely and Meaningful Consultation Consultation should not provide ample time and genuine opportunity: for all parties to express their views, to have their views seriously considered, and to discuss viable options for ensuring equitable participation. include pre-determined program decisions with no input from all parties, such as: already established third party contract, already determined services, and already established timelines. The goal of consultation is reaching an agreement between the LEA and appropriate private school officials on how to provide equitable and effective programs for eligible private school children, teachers and other educational personnel, and families.

Consultation topics can include… Proportion of funds allocated for services and methodology used to identify this; Identify target population and their need, as applicable; What services will be offered; How, where, when, and by whom services will be provided; Applicable assessments and monitoring of services; and Size and scope of services.

Written Affirmation LEA must obtain written affirmation that timely and meaningful consultation occurred. Keep in mind that private school administrators can sign a written affirmation indicating timely and meaningful consultation did not occur, or that the program design is not equitable. Written affirmations and allocation information needs to be submitted to equitable services ombudsman by June 30th of every year.

Coming soon… Complaint process; Consultation and allocation data request; and Ombudsman page within the department’s website.

Academic Achievement of At-Risk Students Title I Part A Academic Achievement of At-Risk Students

District Obligations LEAs must Provide Title I services and other benefits to eligible children attending private schools (not-for-profit only), their teachers, and their families. http://search.sunbiz.org/Inquiry/CorporationSearch/ByName Ensure services are equitable to the public schools (not necessarily identical) and designed to meet the needs of private school students and teachers. Provide services that are secular, neutral, and non- ideological. Title I of ESEA, as amended by ESSA, requires districts to provide support to private school students who reside within the attendance areas of Title I public schools. Districts do not distribute public funds to private schools. District staff provide services and materials only. No reimbursement is given to private schools.

District Obligations LEAs must Examples include Maintain documentation demonstrating the LEA’s compliance with the equitable services requirements under ESSA. Examples include Meeting Minutes Agendas Email Correspondence Affirmation of Consultation Financial Reports The fourth requirement under ESSA covers the documentation LEAs must maintain. Examples include [READ THE NAMES OF THE DOCUMENTS.] Evaluation of Services

Timeline for Equitable Services Late Fall The LEA contacts all private schools eligible for equitable services December or January The LEA hosts an information session about equitable services and begins consultation process. This session includes setting up the consultation calendar for the up-coming school year. February or May Ongoing consultation to determine needs and develop program April or May ID students and determine equitable services amount August Establish start date (the same as public schools) and finalize September Begin services, PD, and PFE activities October-June Monthly visits to assess student progress and program compliance Ideally, planning for private school equitable services should begin in the late fall prior to the school year for which services are being planned. ESSA requires consultation before any decisions are made affecting services to private school children.

Determining Private School CLIF Meal Program Data Income Surveys % from PSES Equated Measure Funds allocated by LEAs for equitable services for private school children must be equal to the amount of Part A funds generated by those children for the LEA. To meet this requirement, an LEA must as part of consultation count the number of private school students from low-income families residing in each of its Title I attendance areas. Since most LEAs use meal program data to rank and serve its Title I public schools, using that same data to count eligible private schools make the most sense. However, many private schools do not participate in the FRPL program, so ESSA outlines three additional methods LEAs can use to calculate the number of eligible private school students. Conduct a survey of enrolled private school families to obtain comparable data Use the low-income percentage of public school children Use an equated measure of income that correlates to the measure used to count public school children

Equitable Share Calculation “OFF THE TOP” Must be taken off the top of an LEA’s total Title I, Part A allocation, before any allowable expenditures or transfers (or any districtwide reservations) are taken, and before the ranking and serving process for public school students. LEAs no longer calculate the share by multiplying the applicable PPA for each participating attendance area to the number of private school children residing there Funds are generated based on the number of students from low-income families who reside in the participating public school attendance areas and attend private schools, whether the private schools are located within or outside LEA boundaries Step 1 # of private school children from low-income families who also live in Title I attendance areas / total # of children from low-income families = proportionate share Step 2 Proportionate share x total Title I allocation = amount of Title I funding for equitable services 620 / 9180= 6.753% $6,386,536 * 6.75% = $431,091.18

Interdistrict Agreement Scenario Terrapin School District Residing $480 PPA Cumberland School District Serving $650 PPA Terrapin School District and Cumberland School District are neighboring LEAs. During the consultation process, Cumberland identifies a private school student that resides in a Terrapin Title I attendance area. Cumberland uses a third party contractor to deliver instructional services to its private schools. The contractor charges a rate of $87 per hour. Terrapin uses a PPA of $480 and Cumberland uses a PPA of $650 to calculate the funds used for equitable services. Terrapin includes the student on its NPSES. The student generates funds for Terrapin to reimburse Cumberland. Cumberland does not enter the same student on its NPSES. Cumberland’s third party contractor invoices Cumberland for the $480 worth of services. This is $170 less than the amount the students residing in Cumberland will receive. When the student has received $480 worth of services, the third party contractor may stop delivering services. Cumberland’s third party contractor charges a flat rate, so the student may continue receiving services as part of a group. Cumberland Invoices Terrapin for the $480. This is one of the many ways to handle interdistrict agreements. Questions? There are a number of ways to do this. One way to look at this is represented on this slide.

Fiscal and Administrative Control This means the LEA must Clearly and permanently tag all property to identify it as belonging to the LEA. Conduct and document an annual inventory of all property. Remove property from the private school if it is no longer needed to operate the Title I program.

Carryover Under extenuating circumstances in which an LEA is unable to obligate all funds within this timeframe in a responsible manner, the funds may remain available for the provision of equitable services during the subsequent school year. There may be extenuating circumstances in which an LEA is unable to obligate all funds within this timeframe in a responsible manner. Under these circumstances, the funds may remain available for the provision of equitable services under the respective program during the subsequent school year. The use of the remaining funds must be determined through consultation with private school officials. In determining how such carryover funds will be used, the LEA must consult with appropriate private school officials.

Education of Migratory Children Title I Part C Education of Migratory Children

Equitable Programs under ESSA Title VIII, Part F, Subpart 1, Uniform Provisions, Sec. 8501 Title I, Part C Migratory Children34 Code of Federal Regulations (CFR) Part 200.87 requires FDOE and its LEAs that conduct MEP programs to comply with the basic requirements of Section 8501 of the ESSA. Section 8501 of the ESSA and Section 299.6 of the Federal Regulations require LEAs that receive Migrant Education Program (MEO) funds to provide special education services or other benefits on an equitable basis to eligible children who are enrolled in private schools, and to their teachers and other educational personnel. This must be done after timely and meaningful consultation with appropriate private school officials.

Meaningful Consultation Topics Consultation Requirements: How the agency will identify the children's needs; What services the agency will offer; How and where the agency will provide those services; Who will provide the services; How the agency will assess the services and how it will use results of the assessment to improve those services; Amount of funds available for services; Size and scope of the services to be provided; and How and when the agency will make decisions about the delivery of services.

Eligibility Requirements Children who attend private school are eligible to receive MEP services if they: Meet the statutory and regulatory definition of a migrant child; Meet the priority for services criteria in Section 1304(d) ad Florida’s PFS criteria; and Have special education needs identified through the State’s comprehensive needs assessment and service delivery plan.

Supporting Effective Instruction Title II Part A Supporting Effective Instruction

Title II Part A Overview Title II, Part A funds are for all schools within an LEA (public, charter, and private), regardless of Title I status, and are to be used for the recruitment, professional development, and retention of teachers, principals, and other school leaders. Funds are allocated to LEAs based on the number of 5-17 year old students enrolled in the LEA, and the poverty (free/reduced lunch) status of those students. 20% of the state allocation is divided based on enrollment numbers; 80% of the state allocation is divided based on poverty status of those students. Student numbers include all students in public, charter, and private schools. LEAs also have a variety of optional authorized uses of funds that they may choose from, but are not required to implement. There are sixteen (16) total authorized uses of funds, which include but are not limited to retention efforts, professional development options, and retention strategies. Pursuant to section 2103 (b)(3)(D), equitable services under Title II, Part A may not be used for class-size reduction in a private school because contracts for private school teachers and staff would be inconsistent with the requirements in section 8501(d) regarding public control of funds and the supervision and control of employees or contractors.

How LEAs must spend their funds There are only 5 requirements for how LEAs must spend their funds: Activities must increase student achievement consistent with the challenging State academic standards Activities must improve the quality and effectiveness of teachers, principals, and other school leaders Activities must increase the number of teachers, principals, and other school leaders who are effective in improving student academic achievement in schools Activities must provide low-income and minority students greater access to effective teachers, principals, and other school leaders Activities must address the learning needs of all students, including children with disabilities, English learners, and gifted and talented students

Equitable Services Allocation Private schools should have equitable access to advance, preliminary, and final funds, just as the LEA does. LEAs have access to 25% of their allocation on July 1st, therefore, private schools should also have access to 25% of their allocation amount at this time. Once the LEA has an approved application, private schools should have access to their entire allocation amount, regardless of the status of the LEA allocation (preliminary allocations vs. final allocations). LEAs should not withhold allocation amounts and access to funds from private schools at any time.

It is important to discuss administrative costs during consultation with appropriate private school officials. Administrative costs may… Administrative costs may not… include portions of salaried positions related to the running of the grant; and it also includes the LEAs indirect cost amount. include salaried positions responsible for the delivery of program activities or services; and other costs related to program delivery.

Example of Formula to Determine Amount for Title II, Part A Equitable Services Number of Students Sample Numbers A1. LEA Enrollment 900 A2. Participating Private Schools Enrollment 100 A3. Total Enrollment = A1 + A2 1,000 Title II, Part A Allocation B1. Total LEA Allocation $1,000,000 B2. Administrative Costs (for public and private school programs) $50,000 B3. LEA Allocation Minus Admin Costs = B1 – B2 $950,000 Per Pupil Rate C1. B3 divided by A3 $950 Equitable Services Amount LEA must reserve for equitable services for private school teachers and other educational personnel = A2 x C1 $95,000

Roll Forward Funds To ensure that equitable services are provided in a timely manner, an LEA must obligate the funds allocated for equitable services under all applicable programs in the year for which they are appropriated (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B)). In extenuating circumstances only, if the private school has not utilized the contracted services, and this is confirmed though consultation, then the remaining funds would be deobligated and carried over for equitable services. The use of the funds in the equitable services program would then be determined by consultation.

Additional Information Additional information regarding equitable services under the Title II, Part A program can be found in our Title II, Part A Equitable Services Technical Assistance Document.

Title III Part A Language Instruction for Limited English Proficient and Immigrant Students

Identifying a Private School English Language Learner (ELL) The identification method is established between the LEA and private school officials. Criteria could be responses to a home language survey followed by an assessment Identification process can be through the LEA or by trained private school personnel

Determining What Title III Services to Provide The LEA in conjunction with the private school officials determines the appropriate Title III services based on the needs of the identified ELLs in the private school. All services must be supplemental in nature as well as secular, neutral, and non-ideological.

Examples of Services Administration of language assessment for identification of ELLs and for evaluation of services, includes test books and teacher training; Participation in district-sponsored professional development; Tutoring of ELLs; Summer school for ELLs; and Purchase of supplemental materials and supplies.

Beneficiaries of Title III Services ELLs and immigrant children and youth; Teachers of ELLs and immigrant children and youth; Other educational personnel; and Parents and families of ELLs and immigrant children and youth through LEA family involvement activities, guest speakers and multicultural events.

Consultation Efforts and Documentation The LEA is responsible for initiating consultation efforts Consultation must be meaningful and ongoing Consultation should occur before the LEA makes any decisions that affect the opportunities of private schools to be able to participate in services LEAs should contact private school officials annually, even if the private school officials have declined services in the past

Continuation of Consultation Efforts and Documentation On going consultation can be conducted in person, e-mails, letters, and LEA-organized meetings that pertain to services. Evidence of consultation (e-mails, letters, attendance sheets) that documents that required topics have been discussed must be maintained. A single letter to a private school explaining the LEA’s intent to apply for funds is not considered adequate consultation. Follow-up should be provided to adequately describe program and services since many private schools may be unfamiliar with supplemental federal program assistance.

Consultation Topics How to identify potential ELLs; How to identify needs of ELLs and personnel; What services to offer; Who is providing the services; How and where the services will be provided; How the effectiveness of services will be assessed; What amount of funds is required to address the needs of the private school; and The size and scope of services.

Student Support and Academic Enrichment Title IV Part A Student Support and Academic Enrichment

What is Title IV, Part A? The Student Support and Academic Enrichment Project is intended to improve student academic achievement by increasing the state and local educational agencies capacity in the following areas: Providing all students with access to a well-rounded education Cultivating safe and healthy students school conditions for student learning The effective use of technology and digital literacy of all students

LEA Requirements LEAs MUST Provide Equitable Services Consultation For Private Schools LEAs Allocations of $30,000 or More: Conduct a comprehensive needs assessment that includes, at a minimum, a focus on three content areas: Well-Rounded Educational Opportunities (at least 20% of funds) Safe and Healthy Conditions (at least 20% of funds) Effective Use of Technology and Digital Literacy Districts Allocation Less Than $30,000: Only required to focus on one of the component areas: well- rounded, safe and healthy, and technology.

Equitable Services Provisions Under Section 8501 of ESSA, divisions receiving funds under Title IV, Part A, must provide for the equitable participation of private school students, teachers and other educational personnel in private schools located in areas served using Title IV, Part A-funded activities, including by engaging in timely and meaningful consultation with private school officials during the design and development of their Title IV, Part A, programs. There is no calculation formula for Title IV, Part A. Some districts elected to use the calculations methods from other Title programs.

Professional Development Opportunities June 20th School Choice and Title IV, Part A Conference Call Registration link:  https://attendee.gotowebinar.com/register/4607689684 330999809 Next Generation Summer Science Symposium http://www.florida-title-iv-part-a.com/cst_science.php

Resources FDOE Title IV, Part A (internal): www.fldoe.org/academics/standards/title-iv-part-a.stml FDOE Title IV, Part A (external): http://www.florida-title-iv-part-a.com/index.php US DOE: https://safesupportivelearning.ed.gov/ESSA- TitleIVPartA-SSAE

Contact Information Michelle L. Gaines- Director Michelle.Gaines@fldoe.org 850-245-0978 Hope Williams- Program Specialist Hope.Williams@fldoe.org 850-245-0976 Petricia S. Sailor- Contracts and Grants Specialist Petricia.Sailor@fldoe.org 850-245-9322

21st Century Community Learning Center (CCLC) Title IV Part B 21st Century Community Learning Center (CCLC)

Requirements 21st CCLC programs must assure that they have and will continue to ensure timely and meaningful consultation to private school children and teachers within the LEA service areas. After consultation, the program will notify the appropriate private school officials of the opportunity to for private school children, their teachers, and other educational personnel to equitably participate in activities and services provided by these federal funds. Programs must, at a minimum, consult with private schools officials located in the specific geographic area(s) served by program site(s).

Consultation 21st CCLC programs must offer equitable services to students, their teachers and other educational personnel attending private schools located within their service area. Programs must consult with appropriate private school officials during the development of program activities each year on issues such as: How the children's needs will be identified, and What services will be offered. More information can be found at http://www2.ed.gov/policy/elsec/leg/esea02/pg111.html

Assurance Documentation Programs must document the following: A description of how the program will meet the federal requirements for participation of students enrolled in private schools. The number of students enrolled in private schools who have been identified as eligible to receive benefits under the program. The number of students enrolled in private schools who will receive benefits under the program. The basis the program used to select the students. The manner and extent to which the program complied with consultation. The places and times that the students will receive benefits under the program. The differences, if any, between the program benefits the applicant will provide to public and private school students, and the reasons for the differences.

Equitable Services Monitoring Tool 21st CCLC programs must provide equitable services to eligible private school students, teachers and other education personnel. •        Certified Mail •        Emails •        Meeting Minutes □Appears Compliant □Technical Assistance      □Not Compliant □Not Applicable/       Recently Monitored 

Table Talk Discussion Take time to reflect on what we’ve shared with you today and discuss the following topics with others at your table.

Collaboration Now that we’ve shared information about equitable services across all programs, how do collaborate or plan to collaborate with other program areas to implement equitable services requirements in your district?

Timely and Meaningful Discuss timely and meaningful consultation. How can the consultation process be improved through transparency and open communication with private schools?

Q&A

Thank You Sonya Morris, Title I Part A and Part C, Bureau Chief Lynn Kemper, Title II Part A, Director Chane Eplin, Title III Part A, Bureau Chief Michelle Gaines, Title IV Part A, Director Kimberly Scriven Berry, 21st CCLC, Director

Equitable Services Ombudsman Nicolle Tanner Equitable Services Ombudsman Nicolle.Tanner@fldoe.org 850-245-9349 (Office)