1. Equitable Services What you need to know to participate in 2017–18
Webinar Monday, March 13
Paula Moore Director, Title I, part A/LAP/CPR

2. The Office of Superintendent of Public Instruction (OSPI) is currently implementing the Equitable Services provisions of the Every Student Succeeds Act (ESSA). Some parts are still under development. Additional webinars will be coming when new information is available. Today’s webinar covers: Part I: Eligibility, Programs, Services Part II: Title I, Part A and Title II, Part A Specifics Part III: Consultation & OSPI & Reporting Part IV: EDS, Additional Resources, Contact

3. Equitable Services Part I
Overview
Eligibility
Programs under ESSA and Other Federal Programs
Types of and Delivery of Equitable Services
Equitable Services Part I

4. Equitable Services, a.k.a “Private Schools”
Federal law allows federal education aid to be provided to children in need, regardless of whether they attend a public or private school.
General principle of the Elementary and Secondary Education Act (ESEA) dating back to 1965.
(Note, this provision does not apply to state funds).

5. Private School Requirements
Private schools may participate in 2017–18 if:  
They are a state approved, non-profit, elementary or secondary school certified through the State Board of Education List
Have completed the Private School October Enrollment Report P105B form in 2016.
Complete the Private Participation in Federal Programs application in the Spring of 2017.

6. Private Schools Approval & Questions
Private School Approval is governed by both state RCW and WAC. Chapter 28A.195.RCW Chapter WAC Questions? For private school status and October enrollment P105B reporting, contact the Private Education Office at OSPI:

7. Private Student Eligibility for Title I, Part A
Resides in participating public school attendance area (i.e., the area of a Title I, Part A School).
Attends a private elementary or secondary school that meets the eligibility to participate in federal programs (regardless of location of private school).
AND
Identified as an eligible Title I, Part A student (same as targeted assistance school Section 1115(c) criteria).
ESSA Section 1117(a)

8. Private Student Eligibility for Title I, Part A
Title I, Part A 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, Part A funds may be used to select participants from among those who are eligible and to determine their specific educational needs.

9. Preschooler Not Eligible in WA
Under the federal law, the answer depends on the state’s definition of “elementary education.”
If elementary education includes preschool then, YES.
If elementary education starts with kindergarten then NO.
In Washington State, elementary education starts with kindergarten, so preschoolers are not eligible for equitable services under ESSA.**Contact other federal programs for their eligibility requirements.

10. Equitable Services & ESSA Section 8501(non Title I, Part A)
Program
Eligibility
Title I, Part C: Migrant
These programs must provide equitable services to eligible students and teachers in private schools that address their needs.
‘‘Eligible children’’ means children eligible for services under the program.
Title II, Part A: Teacher/Principal
Title III, Part A: ELL
Title IV, Part A: New
Title IV, Part B: 21st Century

11. ESSA Guiding Statutes & Programs
ESSA Section 1117: Title I, Part A
ESSA Section 8501: Title I, Part C ∙ Title II, Part A ∙ Title III, Part A ∙ Title IV, Part A ∙ Title IV, Part B
EDGAR: Sections
Note: Other federal programs have private school participation options, but are not covered under ESSA. Contact those programs for their requirements.

12. ESSA Applicable Non-Regulatory Guidance
November 21, Fiscal Changes and Equitable Services Requirements under ESEA 1965, as Amended by ESSA
Older guidance still applies unless contrary to guidance issued November 21, 2016
September Ensuring Equitable Services to Private School Children: A Title I Resource Tool Kit
October 17, Title I Services to Eligible Private School Children

13. CTE also in the Private Participation in Federal Programs Application
Program & Contact
Contact
Perkins Career and Technical Education May be eligible for staff professional development (PD) (upon written request). Private School students can participate in CTE programs funded with Perkins.
Career and Technical Education Office

14. Federal Programs & Private School Services Not Covered in Webinar
Program & Contact
Contact
Child Nutrition
Subsidies for eligible students for breakfast, lunch, snack, and milk programs. Private Schools included.
Wendy Barkley
Special Education IDEA, Part B includes equitable services provisions.
Doug Gill

15. Equity in Service Delivery 34 CFR 200.64
Services are equitable if the Local Educational Agency (LEA)–
Addresses and assesses the specific needs and educational progress of eligible children on a basis comparable to public school children.
Meets the “equal expenditure” requirement or total funds equals total funds generated.
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.

16. Same or Equitable?

17. Comparable Benefits- EDGAR 76.654
The program must be comparable in quality, scope, and opportunity for participation.
If the needs of the students enrolled in private schools are different than those of public school students, then LEA shall provide different benefits.

18. Timing of Services
Services for private school children must begin at the same time as services for public school children, according to the U. S. Department of Education (ED)’s Nonpublic School Guidance under NCLB.

19. Delivery of Equitable Services
Directly, through private company, or another LEA.
May be on-site at private school, with safeguards.
Must be neutral, secular, and non-ideological.
ESSA Section 1117(a)(5) and 8501(a)(2)

20. LEA Control of Services
LEA controls!
The LEA plans, designs, and implements program.
The LEA controls all funds, title to materials, equipment, and property purchased.
The LEA administers such funds, materials, equipment, and property.
ESSA Sections 1117(d)and 8501(d)

21. LEA Control of Services
The LEA may place equipment and supplies in a private school for the period of time needed for the program, and only for the program.
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, Part A services, or if removal is necessary to avoid unauthorized use of the items for other than Title I, Part A purposes. 34 CFR

22. Expansion of ESSA & Equitable Services
Wherever ESSA expanded the allowable types of services provided to public school students and teachers, those same services can be provided to the students and teachers at the participating private schools.
Example 1: Dual credit expansion in ESSA
Example 2: Well-Rounded Education

23. Equitable Services Part II
Title I, Part A and Title II, Part A Specifics
Equitable Services Part II

24. ESSA Equitable Services Guiding Premise for Title I, Part A
An LEA, in consultation with appropriate private school officials, determines the appropriate Title I, Part A services based on the needs of the private school students. 
These services must hold reasonable promise that the academic performance of private school participants will improve.
From Title I Services to Eligible Private School Children, Non-Regulatory Guidance, October 17, 2003, B-28: Once participants are selected, how does an LEA determine what Title I services are to be provided?

25. Title I, Part A Services Identical to Those in the Public Schools?
No.
“Title I, Part A services may be provided in subject areas or at grade levels that are different from those provided public school students, as long as these services are provided in the same grade-span as the services provided to public school children.”
From Title I Services to Eligible Private School Children, Non-Regulatory Guidance, October 17, 2003, B-28: Once participants are selected, how does an LEA determine what Title I services are to be provided?

26. Example: Apple Elementary
School Grade Span
LAP Service
Title I, Part A Service
K–5
ELA K–4
Math Grade 5
Can the services to private school students from the Apple attendance area be restricted to math and grade 5?
No. Private school students K–5 in the Apple attendance area are eligible for services. Not limited to math.
LAP, too? No. LAP is a state-funded program. Not applicable.

27. Teacher & Para Qualifications
State Assurances
(NEW) The state must ensure all teachers and paraprofessionals working in a Title I, Part A program meet applicable state certification and licensure requirements.
DOES apply to: LEA teachers teaching private school students and LEA paraprofessionals.
Do NOT apply to: private school teachers or paraprofessionals or third-party contractor teachers or paraprofessionals.
ESSA Section 1111(g)(2)(j)

28. More Flexibility for Title II, Part A and Equitable Services
The requirements in Section 9501(b)(3) of ESEA, as amended by NCLB, limiting the applicability of the equitable services requirements for Title II, Part A to funds used by the LEA to provide professional development to teachers and others has been removed.
ESEA Section 8501(b)

29. Guidance on Activities for Title II, Part A Equitable Services
Any use of Title II, Part A funds for the benefit of private school participants must:
Be an allowable local use of Title II, Part A funds under the authorizing statute. (ESEA Section 2103(b)(3))
Meet the specific needs of students enrolled in a private school, and not the school itself.
Ensure that the public agency (e.g., an LEA) responsible for providing equitable services retains control of the funds used to provide such services and the employment or contract must be under the control and supervision of the public agency. (ESEA Section (d))
See Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, P-3: What types of activities may an LEA now provide to private school participants?

30. Can Title II, Part A equitable services support class size reduction?
No.
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 ESEA Section 8501(d) regarding public control of funds and the supervision and control of employees or contractors. (ESEA Section 2103(b)(3)(D))
See Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, P-3: What types of activities may an LEA now provide to private school participants?

31. ESSA Changes in Set-asides
Set asides for equitable services have changed for
Title I, Part A and Title II, Part A.

32. Determining the Title I, Part A Allocation for Equitable Services
An LEA must determine the amount of funds available for providing equitable services prior to any expenditures or transfers of funds. This includes all reservations previously taken “off the top” of an LEA’s Title I, Part A allocation, including reservations for administration, parental involvement, and district-wide initiatives.
From Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, O-1: May an LEA reserve funds off the top of its Title I allocation before it allocates funds for equitable services?

33. Step 1 to Determine Title I, Part A Allocation for Equitable Services
Attendance Areas & Public and Private School Children:
LEA establishes the participating public school attendance areas.
Determines the number of children from low- income families residing in each participating public school attendance area who attend public schools and private schools.
See Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, O-2: How does an LEA determine the proportionate share of Title I funds available for all equitable services activities (i.e., administration, instruction, activities for parents and families of participating private school students, and professional development for teachers of participating private school students) now that this amount must be determined before any allowable expenditures or transfers of funds, including off-the-top reservations?

34. Step 2 to Determine Title I, Part A Allocation for Equitable Services
Using the proportion of children from low-income families who attend private schools, the LEA would determine the amount of funds available for equitable services based on that proportionate share of the LEA’s total Title I, Part A allocation.
See Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, O-2: How does an LEA determine the proportionate share of Title I funds available for all equitable services activities (i.e., administration, instruction, activities for parents and families of participating private school students, and professional development for teachers of participating private school students) now that this amount must be determined before any allowable expenditures or transfers of funds, including off-the-top reservations?

35. Example Title I, Part A for $1 Million Equitable Services Amount
Public School Attendance Area
Number of Public School Low-Income Children
Number of Private School Low-Income Children
Total Number of Low-Income Children
A-Apple School
500
120
620
B-Banana School
300 9
309
C-Cherry School
200 6
206
D-Date School
350 15
365
Total (Step 1)
1,350
150
1,500
Proportionate Share (Step 2)
90%
10%
$900,000
$100,000

36. Parent & Family Engagement (PFE) & Equitable Services
ESEA Section 1116(a)(3)(A) requires an LEA to reserve and spend at least 1 percent of its Title I, Part A allocation to carry out required Title I, Part A PFE activities if the LEA’s Title I, Part A allocation exceeds $500,000. To determine the minimum amount it must spend on PFE activities, an LEA must calculate 1 percent of its total Title I, Part A allocation.
See Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, O-4: How does an LEA determine the amount of Title I funds to be used for parent and family engagement activities for participating private school students?

37. Example: PFE & Equitable Services
LEA’s Total Title I, A Allocation
$1,000,000
1. Amount for PFE
1% of LEA’s Total Allocation
$1,000,000 x 1% = $10,000
2. Proportionate Share for PFE for Equitable Services Students Example: 10%
$10,000 x 10% = $1,000
3. LEA’s Total Amount for Equitable Services Example: 10% of Total Allocation
$100,000
4. Deduct Amount for PFE fore Equitable Services Students from the Proportionate Share to Determine Amount Remaining for Equitable Services (i.e., Instructional & PD)
$100,000 - $1,000 = $99,000

38. Planning Tool Available for Title I, Part A
OSPI’s Title I, Part A office has put together a step-by- step guide to calculate Equitable Share for Title I, Part A under ESSA. It also has an excel tool available for LEAs.
We will now take a few moments to walk through the tool.
This tool will be posted on the Title I, Part A and Private Schools page soon.

39. New Title II, Part A Set Aside for Equitable Services
LEA reservation for equitable services for private school teachers and other educational personnel for Title II, Part A services is the LEA’s total Title II, Part A allocation, less administrative costs.
Step 1: Sum Enrollment of LEA & Participating Private Schools
Step 2: Take the LEA Title II, A Allocation, less administrative costs
Step 3: Divide the allocation for Title II, Part A activities by the number of total students to determine a per student amount
Step 4: Take the amount per student multiplied by the private school enrollment.
See Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, P-2: How does an LEA determine the amount required for Title II, Part A equitable services to private school teachers and other educational personal now that this amount must be based on the LEA’s total Title II, Part A allocation?

40. Example for Title II, Part A Equitable Services Set Aside

41. Equitable Services Part II
Consultation
New OSPI Roles & Responsibilities
New LEA Reporting
Most Common ED Findings

42. Consultation
(NEW): The goal of all parties should be to reach an agreement on how to provide equitable and effective programs for eligible private school children.
LEA must provide “timely and meaningful” consultation with appropriate private school officials.
ESSA Section 1117(a)(1)(A) and (b)
ESSA Section 8501(c)(1)

43. What is Timely? ESSA Section 1117(b)(3)/8501(c)(3)
Before the LEA makes any decisions about opportunities for private school students’ participation.
Meetings shall continue throughout implementation and assessment of services.
Observation
A simple letter on the intent of program is not enough.
ED suggests invitation to meet to explain.
Document that you attempted contact and held meetings. Logging this is required in EDS.

44. What is Meaningful?
Genuine opportunity for parties to express their views.
EDGAR
Views seriously considered.
The LEA may initiate consultation with a proposal for services.
Final decisions made by the LEA after consultation.

45. Consultation: Required Topics Title I, Part A ESSA Section 1117(b)(1)
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, Part A services.
The size and scope of the equitable services that the LEA will provide.

46. Consultation: Required Topics Title I, Part A ESSA Section 1117(b)(1)
The method/sources of poverty data used.
Delivery of services.
Must give consideration to the views of the private school officials regarding the provision of services through a contract with third-party providers.
How, if the LEA disagrees with private school officials regarding provision of equitable services through a contracted third-party provider, the LEA will provide notice, an analysis, and reasons to the private school officials.

47. Consultation: Required Topics Title I, Part A ESSA Section 1117(b)(1)
Whether the agency shall provide services to eligible students directly or through third-party contractor.
(NEW) Whether to provide funding through a “pool of funds” or with the proportion of funds allocated under this section.
(NEW) When services will be provided.
(NEW) Whether to consolidate and use Title I, Part A funds in coordination with funds from other eligible programs that are dedicated to providing equitable services to private school students.

48. Consultation: Required Topics, Other Programs ESSA Sec. 8501(c)
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, Part A services.
The size and scope of the equitable services that the LEA will provide.

49. Consultation: Required Topics Other Programs
Delivery of services.
Must give consideration to the views of the private school officials regarding the provision of services through a contract with third-party providers.
(NEW) Whether the agency shall provide services to eligible students directly or through third-party contractor.
(NEW) Whether to provide funding through a “pool of funds” or with the proportion of funds allocated under this section.

50. Disagreement: What Happens?
(NEW) If an LEA disagrees with the views of private school officials with respect to any topic subject to consultation, the LEA must provide in writing to such private school officials the reasons why the LEA disagrees.
Final decision rests with the LEA.
ESSA Section 1117(b)(2)/Section 8501(c)(2)

51. Written Affirmations
LEAs must obtain written affirmation from the private school(s) that timely and meaningful consultation occurred.
If such officials do not provide such affirmation within a reasonable period of time, the LEA shall forward the documentation that such consultation has, or attempts at such consultation have, taken place to the state educational agency.
ESSA Section 1117(b)(2)/Section 8501(c)(5)

52. Written Affirmations
(NEW) The written affirmation shall provide the option for private school officials to be able to indicate their belief that timely and meaningful consultation did not occur or that the program design is not equitable with respect to eligible private school children.
OSPI updated the 2017–18 affirmation of consultation to include this requirement.
See Bulletin B014-17, Attachment D
ESSA Section 1117(b)(2)/Section 8501(c)(5)

53. New Document Agreed Upon Services for Title I, Part A
The LEA and the private school are required to document the agreed upon services for Title I, Part A. This information must now be submitted annually to OSPI. (More in Part III of Webinar)
OSPI is finalizing a template to document Title I, Part A agreed upon services. Will be available by March 20,
ESSA Sections 1117(a)(1)(A), 1117(b)

54. Sample Timeline for Consultation
See handout of pages from the Private School Toolkit from ED.
Ensuring Equitable Services to Private School Children: A Title I, Part A Resource Tool Kit it.pdf.

55. Hot Potato: Which District?
Student lives in your district. Private school is in adjacent district.
How do you identify these students?
Communicate, Communicate, Communicate ?

56. Review the EDS Private School Participation in Federal Programs Application
The EDS application includes information about the resident districts of private school students.
Federal program directors should use this data to communicate with private schools who have students from their districts and with districts who may not be aware of the private schools.

57. Communication Strategies: Make a Plan
Encourage private schools in your district boundaries to reach out to all districts where eligible private school students may reside.
These private schools need to let the student’s residing district know.
Reach out to your adjacent districts. Who are their participating private schools? Have any of those schools indicated they may potentially have private school students from your district? ?

58. Once Identified-Who is Responsible for Services?
The private schools students residing in your district generate the funding for your district. So that student is your responsibility, regardless of where the private school is located.
Once identified, consult with the private schools where students from within your district boundaries attend to determine service delivery.
It is an option, based on private school consultation, and conversations with other school districts to do an interlocal agreement with the district for them to deliver services to the eligible student(s). ?

59. Interlocal Agreements Big Picture
Who determines student eligibility?
Who assesses the students? Which assessments?
Who provides the services?
When will services begin?
What timeframe is in place for consultation and service delivery?
Where will you provide these services?
How will you measure student performance?
How will you end this interlocal agreement and address property associated with it?

60. Interlocal Agreements Important Details
How will you finance services for private school students?
How will you develop and maintain the budget?
Which district will be the fiscal agent?
How will you charge for services?
How will code services for federal/state reporting?
How will the accounting work?
Which district(s) does the accounting?
How will you end this interlocal agreement and address property associated with it?

61. Fiscal Changes– 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.
This requirement ensures an LEA uses the funds available under ESEA for provide equitable services in the fiscal year appropriated to provide services to eligible students, teachers and other educational personnel, and families in a timely manner.
ESEA Sections 1117(a)(4)(B) and 8501(a)(4)(B)

62. What about delays and carryover?
There may be extenuating circumstances, however, 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.
If agreed to services were not provided, you must fulfil the obligation the following year with the carryover funds.
In determining how such carryover funds will be used, the LEA must consult with appropriate private school officials.
ESEA Sections 1117(b) and 8501(c)

63. New State Roles & Responsibilities
(NEW) To help ensure equity, the SEA shall designate an ombudsman (an official) to monitor and enforce these requirements.
(NEW) LEA, after consultation, is to forward 1) documentation of agreed upon services (for Title I, Part A) and 2) affirmation of consultation for all applicable programs, to the ombudsman.
SEA to monitor and enforce new requirements. This includes developing a process for receiving documentation of the agreement from the LEA.
ESSA Sections 1117(a)(1)(A), 1117(b), 8501(c)(1)

64. OSPI Collection of the Written Affirmation & Agreed Upon Services (Developing…)
OSPI updated the affirmation of consultation form for –18. See Bulletin B014-17, Attachment D
OSPI is finalizing a template to document Title I, Part A agreed upon services. Will be available by March 20,
Will expand the Private Participation in Federal Programs application in EDS. Currently collects the intent to participate and the LEA contact log.
The additional screens will open in late spring to include ability for LEA to upload the required documentation for ESSA programs.

65. New Notice of Funds for Equitable Services
(NEW) Each SEA must provide notice in a timely manner to the appropriate private school officials in the state of the allocation of funds for educational services and other benefits under this part that the LEAs have determined are available for eligible private school children.
ESSA Section 1117(a)(4)(C), and Section 8501(a)(4)(C)

66. State Notice: What does the Guidance say?
An SEA must annually provide information on the amount of funds, by program, allocated for equitable services under Title I, Part A and each covered program under section ESEA Section 8501(b) that each LEA responsible for providing equitable services has determined are available for eligible private school students, teachers and other educational personnel, and families. Such documentation should indicate how the allocation was determined.
From Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, N-8: What information must an SEA include in the notice that the SEA must provide to private school officials?

67. State Notice: What does the Guidance say?
An SEA should consult with LEAs and appropriate private school officials to determine a reasonable timeline for providing the notice of allocation. In general, an SEA should ensure that the notice is provided prior to the beginning of the school year. From Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA, As Amended by ESSA. November 21, N-10: When should an SEA disseminate the notice of allocation?

68. OSPI Collection of LEA Equitable Services Allocations
(Developing) LEAs will provide OSPI information on the allocation of funds reserved for private school services and how the allocation was determined.
To be collected through the annual iGrants application for funds starting with the 2017–18 school year:
Details on the amount of funding set-aside for equitable services by participating private school.
LEA explanation of how amount was determined.

69. OSPI Distribution of Equitable Services Allocations
(Developing)
iGrants information will feed a new tab in the Private Participation in Federal Programs application in EDS.
Will show amount of funds set aside to provide equitable services to a specific private school, by federal program.
Tab will be available to both LEA and applicable private school.
Updated as LEA’s federal program applications in iGrants are approved.

70. OSPI Distribution of Equitable Services Allocations
(Developing)
It will be clear the allocation is reserved for LEA to provide for services, not funding to the private school.
This new information provided by OSPI does not replace LEA and private school responsibility to communicate about the allocation and start services in a timely manner.

71. Timeline for OSPI–Spring
Ombudsman in place.
Update the Affirmation of Consultation and Agreement of Services forms (after consulting with LEAs and private schools).
Provide training as part of the annual Private Participation in Federal Programs process.
Note: In future years, the Private Participation in Federal Programs application will be launching earlier to align with consultation timelines.

72. Timeline for OSPI–Spring & Summer
Spring Modify private school participation tool and iGrants for new data collection requirements. Summer Review the affirmation of consultation forms uploaded to OSPI. iGrants approved. Once iGrants approved, new “private schools allocation viewer” populated.

73. State Complaint Process
The timeframe that an SEA has for responding to a complaint from parents, teachers, or other individuals concerning violations of ESEA section 8501 regarding the participation by private school children and teachers is 45 days.
In addition, the Secretary must investigate and resolve an appeal of an SEA’s resolution of a complaint within 90 days.
ESEA Section 8503

74. State Bypass
An SEA must provide equitable services directly or through contracts with public or private agencies, organizations, or institutions, if appropriate private school officials have—
Requested that the SEA provide such services directly; and
Demonstrated that an LEA has not met applicable equitable services requirements in accordance with the procedures for making such a request, as prescribed by the SEA.
ESEA Sections 1117(b)(6)(C) and 8501(c)(6)(C)

75. State Bypass
An SEA must provide equitable services in lieu of an LEA if appropriate private school officials:
have requested that the SEA do so; and
have demonstrated in accordance with the SEA’s procedures for making such requests that the LEA has not met the equitable services requirements, as applicable, under ESEA Section 1117 or 8501.

76. Guidance on the Bypass
ED writes, “it is likely that most instances of non-compliance with equitable services requirements by an LEA can be corrected with minimal intervention by the SEA.”
SEA to “will look to develop procedures that require private school officials to demonstrate that an LEA has substantially failed or is unwilling to provide equitable services before the SEA intervenes to provide equitable services directly or through a third-party provider.”
“An SEA should make available a standard template for requests and have transparent procedures for evaluating such requests.” From Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESEA,
As Amended by ESSA. November 21, N-12: What should an SEA include in its procedures governing request by private school officials for the SEA to provide equitable services directly or through a third-party provider?

77. OSPI & Bypass Request (Developing)
OSPI will consult with private school officials and LEAs to develop the procedures for when a private school can request a bypass and the conditions for when to consider a bypass. Note: The bypass must be requested by the individual private school.
Once the private school requests the bypass, OSPI will conduct an investigation.

78. Consequences of a Bypass Request & Approval
(Developing) If OSPI determines a bypass is warranted, due to the LEA substantially failing or being unwilling to provide equitable services, then the LEA’s federal grant will be placed in high risk status. This could jeopardize LEA’s ability to receive federal funds under ESSA.

79. Most Common ED Findings
Not conducting timely and meaningful consultation.
Miscalculating an equitable share of set-asides.
Not maintaining eligibility criteria for identifying private school students eligible for services.
Allowing paraprofessionals to provide instruction without the direct supervision of a highly qualified teacher.* *Under ESSA highly qualified is gone. However, paraeducators must still be under the supervision of an effective teacher.

80. Most Common ED Findings (cont.)
Failing to ensure that services do not provide a benefit to the private school (versus benefit to the student).
Failing to maintain supervision and control over contracts with third-party providers.
Failing to evaluate the program (not just the students' progress).
Failing to maintain public control of the program.

81. Equitable Services Part IV
Using the EDS Application
Complaints
Resources
Who to Contact at OSPI

82. The Private Schools Participation in Federal Programs EDS Application
Important for Private Schools! Make sure the information you enter is correct. Once entered, you cannot modify unless you contact the Federal Programs office at

83. Private Schools The Intent to Participate Form
1. Enter your Federal Tax ID number.
2. Choose Participation or Nonparticipation.
3. Check federal program boxes.
4. Enter enrollment data.
5. Select all the public school districts where your students reside. Necessary for Title I, Part A.
(If selecting multiple districts, be sure to contact them to inform them you are interested in equitable services).

84. LEA Requirements 1. Review the Intent to Participate form on EDS.
2. Contact the private schools that completed the form and begin the consultation process.
3. Contact private schools that have not filled out the form.
4. Required: document each contact attempt on the EDS Contact Log. Mandatory: two attempts by LEA.
5. Submit the written affirmation of consultation and the agreement of services forms to OSPI (future webinar coming).
(If you see a school selected multiple LEAs, inform your counterparts in other LEAs).

85. Next Webinar: Ombudsman & Complaints
Our office will be scheduling an upcoming webinar in Spring on the role of the ombudsman and contacting our office with complaints.
OSPI in the process of updating its complaint procedures to align with ESSA. In the meantime, please follow OSPI’s current complaint procedures, outlined on the next slides.

86. Complaint Procedures (not updated for ESSA)
Try local resolution first.
If the private school officials believe timely and meaningful consultation has not occurred or the LEA did not give due consideration to their views, then the private school should contact the federal programs representative or superintendent at the LEA to discuss these concerns.

87. Complaint Procedures (not updated for ESSA)
If the concern is not resolved satisfactorily, the private school has the right to contact the Special Programs and Federal Accountability Office at OSPI for resolution.
The private school has the right to file a formal written complaint with OSPI under WAC

88. Websites More information ESSA LEA Resources Website
rces.aspx
ESEA Private Schools Website (Under Construction)

89. Contact Information
Gayle Pauley, Assistant Superintendent Special Programs and Federal Accountability Office: Carrie Hert, Executive Assistant
Paula Moore, Director Title I, Part A/LAP and CPR Office: Julie Chace, Program Specialist Private Schools under ESSA

90. Private School & ESSA Contact Information-By Program
Mary Jo Johnson, Title I, Part A Office: Sylvia Reyna, Title I, Part C Office: Deb Appleton, Title IV, Part B Office:
Pat Smithson, Title II, Part A Office: David Murphy, Title III, Part A Office: