1. 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.

2. 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)

3. 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.

4. 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.

5. 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.

6. 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.

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

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

9. 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.
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.

10. 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
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

11. 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.

12. 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

13. 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

14. 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.

15. 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.

16. 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.

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

18. 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 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 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.

19. 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.

20. 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.

21. Supporting Effective Instruction
Title II Part A
Supporting Effective Instruction

22. 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.

23. 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

24. 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.

25. 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.

26. 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

27. 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.

28. 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.

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

30. 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

31. 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.

32. 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.

33. 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.

34. 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

35. Continuation of Consultation Efforts and Documentation
On going consultation can be conducted in person, s, letters, and LEA-organized meetings that pertain to services.
Evidence of consultation ( s, 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.

36. 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.

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

38. 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

39. 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.

40. 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.

41. Professional Development Opportunities
June 20th School Choice and Title IV, Part A Conference Call
Registration link: 
Next Generation Summer Science Symposium

42. Resources FDOE Title IV, Part A (internal):
FDOE Title IV, Part A (external):
US DOE:
TitleIVPartA-SSAE

43. Contact Information
Michelle L. Gaines- Director
Hope Williams- Program Specialist
Petricia S. Sailor- Contracts and Grants Specialist

44. 21st Century Community Learning Center (CCLC)
Title IV Part B
21st Century Community Learning Center (CCLC)

45. 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).

46. 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

47. 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.

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

49. 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.

50. 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?

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

52. Q&A

53. 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

54. Equitable Services Ombudsman
Nicolle Tanner
Equitable Services Ombudsman
(Office)