Equitable Services to Eligible Private Schools Under ESSA Federal Grant Programs Conference June 6, 2019

Federal Programs with Provisions Related to Private School Equitable Services Two Main Categories: ESSA Title I, II, III, and IV Fund Codes 305, 140, 180, and 309 IDEA (not to be covered today..….just briefly mentioned) Fund Code 240 (Special Education K-12) Fund Code 262 (Early Childhood Special Education) Each category and each grant program has its own equitable services programmatic expectations; There are, however, common themes/expectations in relation to equitable services: Right of regular education and special education students to access ‘equitable/proportional’ share of services; Effective Outreach and Communication; Meaningful and Ongoing Consultation; Verifiable Documentation; and Understanding and willingness by all parties to offer and provide services to eligible private school students.

Laws/Regs and Guidance Related to ESSA Equitable Services Originally legislated under ESEA 1965 ESEA reauthorized as NCLB in 2002 NCLB reauthorized as ESSA in 2015 (ESEA sections 1117 and 8501) Note: We are now going into the third full school year under ESSA Ushered in Significant Changes for Non-Public Equitable services, such as: Specific topics to be covered in consultation, including: Identification of children’s needs; services to be offered and by whom, where, and when; assessments and evaluation of services; how funds are calculated and in the case of Title I how low income data is determined, etc.) ‘Goal’ of reaching agreement; How funds are calculated for each title program; Transfer/Flexing of funds requirements; Clarification of complaint procedures/timing; and Appointing of Ombudsman.

District’s Main Responsibilities Related to Equitable Services Find Private Schools; In-district schools for Titles I, II, III, and IV Outside-district schools for Title I: Student(s) residing in your district who would have attended a school in a Title I-served attendance area (confusing and counterintuitive): A note about ‘finding’ private schools: First, all private schools must report the name, age, and residence of any child enrolled in the school to the superintendent of schools of the town where such children reside within 30 days of enrollment, (Mass. Gen. L. ch. 72, §2); FORM USED: Online ‘Individual Non-Public School Report (NPSR)’ due in December, sent out in October. Then the superintendent of schools files an annual report with the commissioner of education on or before May 1st on the number of pupils enrolled in nonpublic schools within the district. This information is collected during the months of January and February. (Mass. Gen. L. Ch. 72, §2A); FORM USED: ‘School Attending Children Report’ due in March…….also online. Also, in general the public school district should be aware of what private schools are at least in its town/city: there are additional ways to help find this out, including the use of NCES’s (National Center for Education Statistics ) https://nces.ed.gov/surveys/pss/privateschoolsearch/.

Get Agreement/non-Agreement sign off; District’s Main Responsibilities Related to Equitable Services, continued Reach out to them; Use DESE’s sample ‘offer of consultation’, also referred to as the ‘intent to participate’ form; Set up consultation meeting individually with one private or bringing them all together at the same time; Get Agreement/non-Agreement sign off; using ‘Consolidated Affirmation of Consultation’; we have a revised one for FY20 that uses the USED draft guidance suggestion to add a ‘notes’ section that records agreement details.

District Responsibilities, continued…. Transfer results of agreement to relevant section of ESSA consolidated workbook (Private School Services tab) and attach Consolidated Affirmation of Consultation in EdGrants/Grantium; Implement services in collaboration with private participating schools; best to get going early in school year; Communicate with participating schools as much as possible to ensure that services are moving along, check out what they are doing, promote interaction; it’s the best practice; Keep good records of outreach (return receipt hardcopy and/or email) Set reasonable deadlines; DESE has no mandated deadlines; however……..

New: Suggested Timelines Related to Equitable Services

How Equitable Service Allocations are Determined under ESSA for All Title Programs Equitable shares/allocations are based on the total title-specific district allocation divided by the number of students from participating private schools plus the public school district enrollment; this creates a per pupil amount that is then multiplied by the number of participating private school students by school. Total allocation* - Title I: total low-income students public + private low income in eligible schools; - Title II and IV: total public enrollment + participating private schools enrollment; - Title III: total ELLs public + ELLs in participating private schools. Private school numbers according to title Private school proportionate share/allocation Per pupil amount for private schools * Including any funds flexed in

Screenshot of FY19 Private School Services Worksheet

Screenshot of FY19 Private School Services Worksheet, cont.

Screenshot of Title I Reservations Worksheet

Some Significant Changes in 2019 Draft Updated Non-Regulatory Guidance Of the seventeen changes/updates and/or clarifications the following are significant: A-11: ‘good practice’ to add and record consultation agreement detail, such as dates of services, timelines, budget info; A-15: public schools no obligation to provide equitable services to new private school after end date of intent to participate form; B-9: reminder that PP amount for privates is ‘off the top’ except that admin cost, indirect, and parent engagement percentage (if district is required to do 1%) can come out of private school amount; B-14: districts are supposed to include in calculation for private school share even those schools that were going to participate but then changed their minds….and give it to the other privates (unusual situation that we will handle according to the circumstances); B-28: districts must make equitable funds available through September 30 of fiscal year, not just June 30; C-13: Supplement not Supplant uses same logic as public schools; must be supplemental to what privates already do; C-27: Still can’t write a check directly to a private school, but a third party and ‘independent-of private school(s)’ entity could in fact be a service provider for the private school(s)….and that service provider can be a religious organization.

Other Important Things to Remember Funds are NEVER provided directly to private schools; Use third party provider or pay teachers/other staff through contract using district procurement policies; Funds benefit students and NOT the school; District maintains ‘title’ to all materials, computers, or other items purchased ‘on behalf of’ participating private schools; Use good judgement on this…..don’t have to take back everything, rather need to know that it’s secure and owned by district, expendable supplies don’t have to be returned Funds CAN be carried over, but ESSA clearly states ‘to obligate funds in the year allocated’; this was put in the law so funds would not be delayed and lost/unspent……you should allow for carryover in ‘extenuating circumstances’ (although new draft guidance seems to suggest that only in rare cases of small amounts of unspent funds or a natural disaster); and All instructional support, materials, PD, and activities must be SECULAR, neutral, non-ideological.

Some Observations and Challenges Still substantial clarification going on regarding the law; ESE liaisons take a lot of calls regarding equitable services requirements and particular situations and nuances; Still some confusion regarding law/changes………..and differences between ESSA and IDEA equitable service requirements; Some resistance to the underlying concept of private school equitable services; Districts and private schools doing a good job given complexities and changes; It clearly adds a burden, additional work for all parties; ESE recognizes burden……here to help………just ask; No complaints have been filed by private schools under ESSA programs (not the case for special education); five school districts have asked for Department presence at consultations to help with technical assistance and reaching agreement; and Need to reiterate that the most important thing is to communicate with each other, and even better to meet personally.

Finding More Information about Equitable Services Go to DESE Website (http://www.doe.mass.edu) then: to ‘Finance and Funding’ …..to ‘Funding and Reimbursements’ ….........to ‘Federal Grant Programs’ …………….to ‘General Resources for Federal Grant Programs’ …………………..to ‘Private School Equitable Services under ESSA’: USED Guidance ESSA Changes to Equitable Services for Private School Students QRG Sample Offer of Consultation Consolidated Affirmation of Consultation and Agreement Contact Info for Ombudsman http://www.doe.mass.edu/federalgrants/resources/equitableservices-essa/

Contact Information Russ Fleming Federal Programs Coordinator/ESSA Ombudsman Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden MA 02148 Tel: 781-338-6259 Email: rfleming@doe.mass.edu ESEAEquitableservices@doe.mass.edu