1. Education: The New Federalism! Spring Forum 2017
May 10-12, 2017
Providing Equitable Services Under ESSA Title I and Title VIII
Tiffany Winters Kesslar, Esq.
Jennifer Castillo, Esq.

2. Equitable Services Requirements
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Equitable Services Requirements
Title I, Part A Sec. 1117
Title VIII Sec. 8501
Title I, C Migrant Children
Title II, A Instruction
Title III, A English Learners
Title IV, A Student Support and Academic Enrichment
Title VI, B 21st CCLC
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3. Where are the requirements?
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Where are the requirements?
Statutes and Regulations
NCLB – Section 1120(A)
Regulations 34 CFR –
ESSA Section 1117 and 8501
EDGAR Sections –
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4. Where are the requirements?
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Where are the requirements?
Applicable Non-Regulatory Guidance
Fiscal Changes and Equitable Services Requirements under ESEA, as amended by ESSA, November 21, 2016
Title I Services to Eligible Private School Children, October 17, 2003
Ensuring Equitable Services to Private School Children: A Title I Resource Tool Kit, September 2006
Title IX, Part E Equitable Services for Eligible Private School Students, Teachers, and Other Educational Personnel Non-Regulatory Guidance, March 2009
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5. What guidance do we follow?
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
What guidance do we follow?
Please note that, except as otherwise provided in this [ESSA] guidance, the existing non-regulatory guidance [Title I and Title IX] remain applicable!
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6. Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Consultation
Deriving the Proportionate Share Calculation
Allocation of Funds
Eligibility
Types and Delivery of Equitable Services
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7. Top Equitable Services Findings under NCLB
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Top Equitable Services Findings under NCLB
Failing to conduct 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;
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8. Top Equitable Services Findings under NCLB (cont.)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Top Equitable Services Findings under NCLB (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); and
Failing to maintain public control of the program.
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9. Consultation Requirements
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Consultation Requirements
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10. Consultation Sec. 1117(a)(1)(A) and (b); 8501(c)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Consultation Sec. 1117(a)(1)(A) and (b); 8501(c)
(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.
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11. Consultation (cont.) Sec. 1117(b)(3) and 8501(c)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Consultation (cont.) Sec. 1117(b)(3) and 8501(c)
Timely
Before the LEA makes any decisions
During the design and development of the program
Meetings shall continue throughout implementation and assessment of services
Annual Requirement
A simple letter explaining the intent of the Title I program is not enough
ED suggests invitation to meeting to explain
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12. Consultation (cont.) Sec. 1117(b)(3) and 8501(c)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Consultation (cont.) Sec. 1117(b)(3) and 8501(c)
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
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13. Consultation Topics Sec. 1117(b)(1) and 8501(c)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Consultation Topics Sec. 1117(b)(1) and 8501(c)
Consultation must include:
How the LEA will identify the needs of eligible private school children;
What services the LEA will offer to eligible students;
How, where and by whom the services will be provided;
How the LEA will academically assess the services and how the LEA will use the results to improve the Title I services;
The size and scope of the equitable services that the LEA will provide;
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14. Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Consultation Topics
The method/sources of poverty data used; (Title I only)
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;
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15. Consultation Topics Sec. 1117(b)(1) (cont.)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Consultation Topics Sec. 1117(b)(1) (cont.)
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 (Title I only); and
(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. (Title I only)
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16. Disagreement Sec. 1117(b)(2) and 8501(c)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Disagreement Sec. 1117(b)(2) and 8501(c)
(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 local educational agency disagrees.
Final decision rests with the LEA.
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17. Written Affirmation Sec. 1117(b)(5) and 8501(c)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Written Affirmation Sec. 1117(b)(5) and 8501(c)
LEAs must obtain written affirmation that timely and meaningful consultation occurred
(NEW) LEAs must also give option of signing a written affirmation indicating that timely and meaningful consultation did not occur or that the program design is not equitable with respect to eligible private school children.
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18. The State Ombudsman Sec. 1117(a)(3)(B) and 8501(b)(3)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
The State Ombudsman Sec. 1117(a)(3)(B) and 8501(b)(3)
(NEW) To help ensure equity, the SEA shall designate an ombudsman (an official) to monitor and enforce these requirements.
After consultation – agreement to be forwarded to ombudsman.
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19. What are the roles and responsibilities of an ombudsman?
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
What are the roles and responsibilities of an ombudsman?
Should serve as an SEA’s primary point of contact for addressing questions and concerns from private school officials and LEAs regarding the provision of equitable services under Titles I and VIII.
The ombudsman should ensure that private school officials know how to contact the ombudsman.
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20. Examples of activities the ombudsman could undertake:
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Examples of activities the ombudsman could undertake:
Serve as a general resource regarding equitable services requirements for both LEAs and private school officials, which may include conducting initial outreach to define the contours of the ombudsman’s responsibilities.
Develop, in partnership with other relevant SEA staff, monitoring protocols applicable to the provision of equitable services and participate in a sample of any monitoring activity.
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21. Examples of activities the ombudsman could undertake (Continued):
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Examples of activities the ombudsman could undertake (Continued):
Provide technical assistance regarding equitable services requirements for SEA staff administering applicable programs, LEA staff, and private school officials.
Establish a process for receiving documentation of agreement from LEAs consistent with the consultation requirement that the results of such agreement shall be transmitted to the ombudsman. (ESEA section 1117(b)(1))
Participate in the State’s Title I Committee of Practitioners (ESEA section 1603(b)) and, as applicable, nonpublic schools working group.
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22. Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Monitoring
The ombudsman is required to monitor and enforce equitable services requirements under Titles I and VIII and, thus, should have a significant role in the State’s monitoring process.
The ombudsman should work with SEA staff administering Title I, and programs covered under Title VIII to develop monitoring protocols applicable to the provision of equitable services under each program.
To ensure that monitoring protocols are being followed, the ombudsman should take an active role in the monitoring process, particularly with respect to the resolution of any findings regarding equitable services requirements under Titles I and VIII.
The ombudsman also should serve as the primary point of contact for responding to and resolving any complaints regarding equitable services that the SEA receives under its ESEA complaint procedures.
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23. Who will Your State Choose!
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Who will Your State Choose!
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24. The Ombudsman Should K.I.C.
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
The Ombudsman Should K.I.C.
An SEA should consider the following factors in determining who will serve as an ombudsman:
Knowledge: Does the individual have sufficient experience and demonstrate thorough knowledge and understanding regarding the equitable services provisions, including the statutes, regulations, and guidance, necessary to implement, monitor, and enforce the equitable services requirements under both Titles I and VIII?
Impartiality: Will the individual be able to carry out the ombudsman duties, including monitoring, enforcement, and resolving complaints, in a fair and impartial manner? Will the individual be able to provide guidance to LEAs and private school officials to facilitate the goal of reaching agreement when agreement cannot be achieved independently through consultation? (ESEA sections 1117(b)(1) and 8501(b)(1))
Capacity: Will the ombudsman work alone or in collaboration with other State or Federal program directors? Does the individual have experience with integrating input from other technical experts and program specialists, including those at the U.S. Department of Education, and communicating it to the appropriate audiences?
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25. Who will the Ombudsman be? ED Wants to Know!
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Who will the Ombudsman be? ED Wants to Know!
“In order to effectively provide technical assistance, support, and resources to assist in the provision of equitable services, Office of Non-Public Education (ONPE) and Office of Elementary and Secondary Education (OESE) are jointly seeking to establish relationships with your SEA ombudsman and request you provide the name and contact information for the ombudsman to by June 30, 2017.”
-Letter from Director Dowling and Acting Assistant Secretary Chism re: State Ombudsman
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26. Ombudsman (cont.) Sec. 1117(a)(3)(B)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Ombudsman (cont.) Sec. 1117(a)(3)(B)
In sum, the Ombudsman’s primary responsibilities include:
To monitor and enforce equitable services requirements in Title I and Title VIII.
Developing monitoring protocols under titles that require equitable services.
The Ombudsman should also serve as the primary point of contact for responding to and resolving any complaints regarding equitable services that the SEA receives.
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27. Deriving The Allocation – Title I, Part A and Title II, Part A
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Deriving The Allocation – Title I, Part A and Title II, Part A
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28. The Equitable Services Allocation
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
The Equitable Services Allocation
NCLB Formula:
Based on number of…
Private school students
From low-income families
Who reside in Title I-participating public school attendance areas
Created a PPA for each eligible attendance area that was applied to eligible private school students
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29. Title I, Part A ESSA Proportionate Share Sec. 1117(a)(4)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Title I, Part A ESSA Proportionate Share Sec. 1117(a)(4)
(NEW) Proportionate Share must be calculated BEFORE any allowable expenditures or transfer by the LEA!
(NEW) Proportionate Share Formula:
LEA determines the participating public attendance school areas.
LEA determines number of children from low-income families residing in each participating area who attend public and private schools.
LEA determines proportion of children from low-income families residing in each participating area who attends private schools.
LEA applies the private school proportion to the LEA’s total Title I allocation to determine the equitable services proportionate shared.
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30. Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Options for Calculating Poverty Data on Private School Students Sec. 1117(c)(1)
To obtain the count of private school children from low- income families, LEAs may use:
Data from the same source
Survey, with extrapolation
Proportionality
Correlated measure
Comparable data
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31. Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Options for Calculating Poverty Data on Private School Students (cont.) Sec. 1117(c)(1)
Same source is the preferred method
BUT all options are equally available
May use more than one method
The choice of poverty measures is subject to timely and meaningful consultation with private school officials
However, the NCLB regulations make clear that after such consultation, the LEA will have the final authority in determining the method used. 34 CFR section (a)(2)(iv).
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32. What if we have no way to collect data?
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
What if we have no way to collect data?
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33. Title 1, A Proportionate Share Example
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Title 1, A Proportionate Share Example
(NEW) Proportionate Share Formula (assuming LEA received $1M Title I Funds):
Public School Attendance Area
Public School Low-Income Children
Private School Low Income Children
Total Low Income Children A
500
120
620 B
300 9
309 C
200 6
206 D
350 15
365
Total
1,350
150
1,500
Proportion of Population
90%
10%
Proportionate Share
$900,000
$100,000
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34. Title I, A Expenditures/Proportionate Share (cont.) Sec. 1117(a)(4)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Title I, A Expenditures/Proportionate Share (cont.) Sec. 1117(a)(4)
(NEW) That set-aside includes:
Administrative costs for equitable services (reasonable and necessary out of this set-aside)
Parental Involvement (Proportionate amount of 1% Total Title I allocation)
Using previous example (1% of $1M allocation = $1,000)
Professional Development
Optional, determined through consultation.
All other activities for eligible private school students
Clarified in November Fiscal Guidance
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35. Proportionate Share Example
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Proportionate Share Example
Public School Share
$900,000
Distributed through Rank and Serve
- $9,000 Parental Involvement
- $90,000 Administration
- Homeless/ N&D
- Parental Involvement
- Districtwide Initiatives, etc.
Equitable Services Proportionate Share $100,000
Distributed through Pooling or School-by-School (Per Pupil) for services
- $1,000 Parental Involvement
- $10,000 Administration
(Discussed in consultation)
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36. Title II, A Equitable Services Formula
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Title II, A Equitable Services Formula
Per-pupil basis
The amount available for all public and private school students enrolled in participating private elementary and secondary schools in areas serviced by the LEA
Regardless of the student’s residency
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37. Title II, A Equitable Services Formula
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Title II, A Equitable Services Formula
A. Number of Students
LEA Enrollment
900
Participating Private Schools Enrollment
100
Total Enrollment
1,000
B. Title II, A Allocation
Total LEA Allocation
$1,000,000
Administrative Costs (private and public)
$50,000
Total LEA Allocation minus Admin
$950,000
C. Per Pupil Rate
Total Allocation divided by Total Enrollment
$950
D. Equitable Services
Amount reserved for private school teachers and other educational personnel
$95,000
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38. Distributing the Funds Sec. 1117(a)(4)(J) and 8501
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Distributing the Funds Sec. 1117(a)(4)(J) and 8501
Two options: 1) Pooling: pool the funds to use for students with greatest educational need anywhere in LEA; or 2) School-by-School: funds follow child to private school for educationally needy children in that school (This codified the previous guidance on this topic.)
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39. Carryover Sec. 1117(a)(4)(B)and 8501(a)(4)(B)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Carryover Sec. 1117(a)(4)(B)and 8501(a)(4)(B)
Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency.
(NEW) There may be extenuating circumstances in which an LEA is unable to obligate all funds within the timeframe.
Under these circumstances, funds may remain available for the provision of equitable services under the respective program during the subsequent school year.
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40. State Notice To Private Schools Sec. 1117(a)(4)(C) and 8501(a)(4)(C)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
State Notice To Private Schools Sec. 1117(a)(4)(C) and 8501(a)(4)(C)
(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 local educational agencies have determined are available for eligible private school children.
Timing should be discussed during consultation
No later than before the beginning of the school year
Dissemination should be discusses in consultation
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41. Title I, Part A Eligibility
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Title I, Part A Eligibility
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42. Eligibility for Services Sec. 1117(a) and 1115(c)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Eligibility for Services Sec. 1117(a) and 1115(c)
Reside in participating public school attendance area;
Attend a private elementary or secondary school (regardless of location);
AND
Be identified as an eligible Title I student (same as targeted assistance school- Section 115(c) criteria)
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43. Eligibility for Services (cont.)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Eligibility for Services (cont.)
Title I funds may not be used to identify private school children who are eligible to participate; private school data should be used for this purpose.
However, Title I funds may be used to select participants from among those who are eligible and to determine their specific educational needs.
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44. Preschooler Eligibility
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Preschooler Eligibility
It depends on the State definition of “elementary schools”
If elementary education includes preschool then YES.
If elementary education starts with kindergarten then NO.
After consultation with private school officials, an LEA may determine that all or part of the "equitable services" set-aside would best be spent on preschool.
See ED's nonregulatory guidance, "Serving Preschool Children Through Title I" (October 2012), Q&A B-9,
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45. Type and Delivery of Equitable Services
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Type and Delivery of Equitable Services
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46. Title I, A Types of Equitable Services Sec. 1117(a)(1)(A)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Title I, A Types of Equitable Services Sec. 1117(a)(1)(A)
Services MUST benefit students and NOT the private schools. 34 CFR section
(NEW) Services, may include:
Special educational services,
Instructional services (including evaluations to determine the progress in meeting such students’ academic needs),
Counseling or Mentoring,
One-on-one tutoring,
Other benefits under Title I (such as dual or concurrent enrollment, technology, equipment, etc.).
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47. Title II, A Types of Equitable Services
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Title II, A Types of Equitable Services
LEA may continue to use Title II, A funds to provide professional development for teachers, principals, and other school leaders to address the specific needs of the students.
Includes allowable activities under Title II, A:
As long as the cost is allowable (Section 2103(b)(3));
The cost meets the specific needs of students enrolled in private schools and not the school itself (34 CFR ); and
It ensures the LEA is responsible and maintains control of funds (Section 8501(d)).
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48. Well-Rounded Education
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Well-Rounded Education
English, reading or language arts, writing,
science, technology, engineering, mathematics,
computer science,
foreign languages,
civics and government,
economics,
arts, music
history, geography,
career and technical education,
health, physical education, and
others as designated by State/LEA
Such educational services or other benefits, including materials and equipment, shall be secular, neutral, and non-ideological. Sec. 1117(a)(2).
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49. Equity in Equitable Services 34 CFR 200.64
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Equity in Equitable Services 34 CFR
Services are equitable if the 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.
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50. EDGAR Comparable Benefit 76.654
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
EDGAR Comparable Benefit
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 shall provide different benefits.
This may be clearly the case if more funds are going per pupil to eligible private school students!
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51. Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Timing of Services
Services for private school children must begin at the same time as services for public school children, according to ED’s Nonpublic School Guidance under NCLB.
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52. Delivery of Equitable Services Sec. 1117(a)(5) and 8501(a)(2)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Delivery of Equitable Services Sec. 1117(a)(5) and 8501(a)(2)
Directly, through private company, or another LEA
May be on-site at private school, with safeguards
Neutral, secular, and non-ideological (Section 8505)
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53. Teacher and Paraprofessional Qualifications Sec. 1111(g)(2)(j)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Teacher and Paraprofessional Qualifications Sec. 1111(g)(2)(j)
State Assurances
(NEW) The State must ensure all teachers and paraprofessionals working in a Title I 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.
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54. LEA Control Over Services Sec. 1117(d) and 8501(d)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
LEA Control Over Services Sec. 1117(d) and 8501(d)
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.
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55. LEA Control Over Services (cont.)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
LEA Control Over Services (cont.)
The LEA may place equipment and supplies in a private school for the period of time needed for the program.
Equipment and supplies must only be used for Title I purposes and must be removed without remodeling the private school facility.
The LEA is required to remove the equipment and supplies from the private school if the LEA no longer needs these items to provide the Title I services, or if removal is necessary to avoid unauthorized use of the items for other than Title I purposes. 34 CFR
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56. Evaluation and Assessments
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Evaluation and Assessments
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57. Assessment of Students
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Assessment of Students
An LEA must provide participating private school students with an equitable opportunity to meet the state standards.
However, these standards may not necessarily be aligned with the private school curriculum.
After consultation, the LEA may use other assessment measures that more accurately reflect the progress of those students.
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58. Evaluation of the Program Sec. 1117(b)(1)(D)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Evaluation of the Program Sec. 1117(b)(1)(D)
An LEA must determine how services will be academically assessed and how the results of that assessment will be used to improve those services.
The LEA will normally assess private school children in the subjects in which they receive Title I services.
Title I funds may be used to assess these students, but only to the extent that the assessment is not otherwise conducted for other purposes.
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59. Complaints and By-Pass
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Complaints and By-Pass
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60. State Complaints 1117(b)(6) and 8501(c)(6)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
State Complaints 1117(b)(6) and 8501(c)(6)
Private school officials have the right to file a complaint with the SEA if they believe that LEA officials have not complied with appropriate legal requirements.
Specifically may complain that:
The LEA did not engage in consultation that was meaningful and timely;
The LEA did not give due consideration to the views of the private schools; or
The LEA did not make a decision that treats the private school students equitably as required by ESSA.
In addition, any dispute involving the poverty data on private school students may be appealed to the state. Sec (c)(2).
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61. State Complaints (cont.)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
State Complaints (cont.)
The SEA is required to have complaint procedures in place that conform to applicable statute and regulation.
It is up to the LEA and SEA to ensure that private school officials are made aware of complaint procedures.
The private school official must provide the basis of the LEA's noncompliance; and
The LEA must forward the appropriate documentation to the SEA in response.
(NEW) The General Provisions of ESSA (Title VIII) require that an SEA provide a written resolution to a complaint within 45 days. Sec. 8503(a).
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62. State Bypass Sec. 1117(b)(6)(C)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
State Bypass Sec. 1117(b)(6)(C)
(NEW) The SEA must provide the required equitable services under Title I either directly or through third-party contracts if the appropriate private school officials have met two criteria:
The private school officials have requested that the SEA provide such services directly; and
The private school officials have demonstrated that the LEA involved has not met the legal requirement to provide equitable services to private school students.
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63. Complaint Appeal Process Sec. 8503(b)
Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
Complaint Appeal Process Sec. 8503(b)
If the SEA's resolution is not satisfactory, private school officials may appeal to the U.S. Secretary of Education.
30 days to appeal (or may appeal after SEA 45 deadline passes if unresolved).
ESSA mandates that the Secretary must complete an investigation and resolve the appeal within 90 days.
(NCLB was 120 days)
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64. Education: The New Federalism! Spring Forum 2017 May 10-12, 2017
USDE Bypass Sec and 8504
If an LEA or SEA is prohibited by state law from providing equitable educational services to private school students, or
If the Secretary determines the LEA or SEA has substantially failed or is unwilling to do so,
Then ED will “bypass” the educational agency and assume the responsibility of providing the required services using an appropriate portion of the educational agency’s allocation.
Bypass procedures and appeal rights are under EDGAR –
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65. QUESTIONS?

66. Legal Disclaimer
This presentation is intended solely to provide general information and does not constitute legal advice or a legal service.  This presentation does not create a client-lawyer relationship with Brustein & Manasevit, PLLC and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct.  Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit, PLLC does not create an attorney-client relationship with Brustein & Manasevit, PLLC.  You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances.
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