1. Private School Equitable Services
January 15, 2019
District and Private Nonprofit School ESSA Requirements, Equitable Services, and Collaborations: What did TEA discover during program validations?
ESCs 11 and 16
TETN Session
January 15, 2019
LaNetra Guess, Director
Private Nonprofit Ombudsman
Texas Education Agency

2. Agenda Overview Data Complaints Defining Equitable Services
TEA Establishing Partnerships & Shared Outcomes
Obligation of Funds
Complaints
Random Validations
Resources
Title I Capacity Building Initiative
Video
Q&As
Upcoming Dates

3. Overview of State PNP Data 2017-2018
Department of Contracts, Grants and Financial Administration, Texas Education Agency
January 15, 2019
Overview of State PNP Data
Total LEAs with PNP schools participating in one or more Title programs
315
Total PNP schools located within Title I, Part A boundaries
1,374
Total PNP schools located outside of Title I, Part A boundaries
450

4. Overview of State PNP Data 2017-2018 (continued)
Department of Contracts, Grants and Financial Administration, Texas Education Agency
January 15, 2019
Overview of State PNP Data (continued)
Title I, Part A
Title I, Part C
Title II, Part A*
Title III, Part A- EL
Title III, Part A-IMM
Title IV, Part A
#PNP Schools Served
487 1
557
100 13
369
PNP Students Served
(*Staff served)
7,868
21,625
2,798
126
73,370

5. Equitable Services Are Required
Local educational agencies (LEAs) are required to provide services for eligible private nonprofit school students.
Equitable services provided by the LEA for private nonprofit school participants are designed to meet their educational needs and supplement the educational services provided by the private school.

6. Equitable Services Must Be…
Secular, neutral, and non-ideological for all educational services, materials, and equipment
Equitable educational services compared to public school
Provided in a timely manner
Monitored and enforced by the Ombudsman

7. What constitutes private non-profit status?
Under 34 CFR 77.1, the term “nonprofit” as applied to an agency, organization, or institution, means that it is owned and operated by one or more corporations or associations whose net earnings do not benefit, and cannot lawfully benefit, any private shareholder or entity.

8. Eligible Programs for Equitable Services
Title I, Part A Equitable Services, Sec. 1117
Title VIII Equitable Services, Sec. 8501
Title I, Part C - Migrant
Title II, Part A – Supporting Effective Instruction
Title III, Part A - English Learners & Immigrants
Title IV, Part A – Student Support & Academic Enrichment
Title IV, Part B – 21st Century Community Learning Centers

9. How are program services provided in PNP schools? - Feedback

10. Consultation
‘Successful consultation begins well before the implementation of services, establishes positive and productive working relationships, makes planning effective, continues throughout implementation, and serves to ensure that the services provided meet the needs of eligible [PNP] students and teachers.’
*ED Fiscal Changes & Equitable Services Guidance
[Sec. 1117(b) & 8501(c)]

11. TEA: Establishing Partnerships
National Title I Conference 2018, Texas Private School Equitable Services Support System
TEA: Establishing Partnerships

12. How does TEA assess needs and engage stakeholders?
National Private School Leadership Conference, Washington D.C.
September 21, 2018
How does TEA assess needs and engage stakeholders?
Regional Ombudsman Trainings
Statewide Program Meetings
TEA Private Nonprofit (PNP) Workgroup
Texas Private School Accreditation Commission (TEPSAC)
Title I Committee of Practitioners

13. TEA’s PNP Integrated System of Support
National Title I Conference 2018, Texas Private School Equitable Services Support System
TEA’s PNP Integrated System of Support
Participating Private Nonprofit Schools
TEA State Ombudsman
TEA State PNP Director
LEAs and ESCs
Capacity Building Initiative
PNP Equitable Services Workgroup

14. How does TEA gain confidence of stakeholders?
National Private School Leadership Conference, Washington D.C.
September 21, 2018
How does TEA gain confidence of stakeholders?
Engage and communicate with all stakeholders
Utilize stakeholder recommendations (when possible)
Tackle critical issues immediately
Collaborate and create resources and tools with TEA’s Capacity Building Initiative

15. National Title I Conference 2018, Texas Private School Equitable Services Support System
Shared Outcomes

16. National Title I Conference 2018, Texas Private School Equitable Services Support System
Shared Outcomes
Strengthened collaboration, coordination, and partnerships efforts
Statewide integrated support system
Online resources & videos

17. Shared Outcomes Collaborative documents
National Title I Conference 2018, Texas Private School Equitable Services Support System
Shared Outcomes
Collaborative documents
LEA – PNP equitable services best practices nomination applications
Complaints process and procedures
Equitable Services for Excess Carryover
TEA Procedures Offering PNP Equitable Services

18. PNP Workgroup - Video
Link:

19. Obligation of Funds

20. Obligation of Funds
LEA funds for educational services and other benefits to eligible PNP children shall be obligated within the same fiscal year* in which they are received.
ESSA, Sections 1117(a)(4)(B) & 8501(a)(4)(B)

21. Carryover of Unobligated Funds
Extenuating circumstances only
If TEA approves, funds may remain available for the provision of equitable services under the program (i.e., Title I, Part C; Title I, Part IV-B) during the subsequent school year
LEA must consult with PNP officials to determine how funds will be spent in subsequent school year
There could be LEA corrective actions from TEA if timely obligation of funds to PNP did not occur.
Non-Regulatory Guidance: ESSA Fiscal Changes and Equitable Services Requirements, N-6 & N-7 (November 2017)

22. Carryover of Unobligated Funds for Equitable Services – In General….
Q. Do carryover funds for equitable services go to a specific PNP school the following year? A. Yes. If carryover is TEA approved for extenuating circumstances, the carryover for equitable services will follow the same PNP school the next year.

23. Carryover of Unobligated Funds for Equitable Services – Title I, Part A*
Q. What if a PNP school declines a portion of its Title I, Part A equitable services or has closed the following year?
A. The LEA is obligated to add the Title I, Part A equitable services share to a pool for other PNP schools with eligible Title I students the following year. The LEA must keep documentation on file.
If there are no other PNP schools with eligible Title I, Part A students, the LEA would use the funding for Title I eligible public school students.
However, there could be LEA corrective actions from TEA if timely obligation of funds to PNP did not occur.
*Subject to change through new ED ESSA Nonregulatory Guidance

24. Carryover of Unobligated Funds for Equitable Services – Title VIII Programs*
Q. What if a PNP school declines a portion of any Title VIII programs’ (i.e., Title II, Title III, Title IV, etc.,) equitable services or has closed the following year?
A. The LEA is obligated to add the remaining equitable services share to other eligible PNP and LEA public schools the following year on an equitable basis. The LEA must keep documentation on file.
If there are no other PNP schools, the LEA would utilize the funding for its eligible public schools.
However, there could be LEA corrective actions from TEA if timely obligation of funds to PNP did not occur.
*Subject to change through new ED ESSA Nonregulatory Guidance

25. Carryover of Unobligated Funds for Equitable Services – Texas Guidance
CAN change in the future
Upcoming ED ESSA Equitable Services Nonregulatory Guidance

27. Best Practices to Ensure Equitable Services Are Timely and Used During School Year -Feedback

28. Timely Responses LEA PNP Share timeline and due dates with PNP
Respond in a timely manner to LEA requests and due dates

29. PNP Participant Support Costs (i.e., Travel Costs)
Request for Approval of Participant Support Costs (form)
Reimbursement allowed for only a portion of travel costs if attending a faith-based sponsored conference or professional development opportunity
Reimbursement for actual cost of lodging and meals based on Texas Comptroller of Public Accounts (unless local policy reimburses at a lesser amount)
Guidance

30. How do you calculate and ensure PNP travel/professional development requests meet district and state requirements? - Feedback

31. Complaints

32. PNP Complaints –Informal vs Formal
LaNetra Guess, Director & PNP Ombudsman
Informal Complaints
Investigations, verbal communications, follow-up, shared-party informal resolutions
Formal Complaints
Official Ombudsman written decisions within 45 days
Appeals of Ombudsman decisions filed through ED by Complainant

33. TEA Procedure for Offering Equitable Services

34. TEA Procedures for Offering Equitable Services
TEA will reduce the appropriate LEA’s grant award by the amount of equitable services plus an additional 10% for administration of the equitable services to be provided.
The ESC will provide the equitable services directly or enter into a third-party contract with a vendor from TEA’s approved list of providers

35. PNP Random Validations

36. PNP Random Validations Results, 2017-2018
Department of Contracts, Grants and Financial Administration, Texas Education Agency
January 15, 2019
PNP Random Validations Results,
LEA Areas of Strengths
Documentation of ongoing consultation
Equitable services handbook and/or descriptions provided to PNP
Evaluation of program effectiveness
Review of data and PNP needs
Collaboration and coordination of services

37. PNP Random Validations Results, 2017-2018
Department of Contracts, Grants and Financial Administration, Texas Education Agency
January 15, 2019
PNP Random Validations Results,
LEA Areas of Improvement
Lack of written documentation
Lack of LEA fiscal and program oversight
No LEA review process for PNP requests (professional development, travel, supplies, etc.,)
No description of equitable services available for PNP school officials
No collaboration or coordination of services
Social Security Numbers should not collected

38. PNP Random Validations, 2018-2019
Required Documentation
Ongoing consultation (phone, , meetings)
Share proportionate share of funds
District procedures and policies
District timeline
Obligating funds for services
Travel requests and reimbursement guidelines
Supplies and materials

39. PNP Random Validations, 2018-2019 (continued)
Monitoring process for effectiveness of services
Written disagreement rationale
Written process to ensure student and staff services

40. PNP Random Validations, 2018-2019 (continued)
Spring 2019
Selection of school districts serving PNP schools in one or more programs
Program and fiscal findings may result in LEA reimbursement of funds to TEA

41. PNP Random Validation - DRAFT

42. Resources

43. Texas Title I Capacity Building Initiative
Resources for Best Practice and Compliance

44. Title I Capacity Building Initiative
Overview
Funded by Texas Education Agency
Implemented by Region 10 Education Service Center
Resources to support ESCs and LEAs

45. Title I Capacity Building Initiative
Supporting Equitable Services for PNPs
Resources on Compliance
Resources on Best Practices
Videos

46. Trust & Collaboration - Feedback
What could be potential barriers to trust and collaboration?
How could you strengthen trust and collaboration between the LEA and PNP school?

47. Video - Trust and Collaboration
Department of Contracts, Grants and Financial Administration, Texas Education Agency
January 15, 2019
Video - Trust and Collaboration
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Trust & Collaboration Video – Corsicana ISD (Region 12) and James L. Collins Catholic School
Video Link:

48. Share Promising Collaborative Practices In Your LEA or PNP School - Feedback

49. Q&As

50. PNP Schools and Pre-Kindergarten Programs

51. PNP Schools and Pre-Kindergarten Programs
Q. May Pre-K programs located in a PNP school participate and receive equitable services?
A. Equitable services may not be used in stand-alone PNP Pre-K programs for students or staff. However, if a PNP has a Pre-K program and any one or more school-age grade levels (i.e., K-12) in the same building, students and staff may receive equitable services.
Non-Regulatory Guidance, Early Learning in the ESSA, Expanding Opportunities to Support our Youngest Learners (2016)

52. PNP Schools and Pre-Kindergarten Programs
Q. May a PNP school receive Title I, Part A Pre-K equitable services if the public Title I attendance center does not have a Pre-K level? A. Yes. The LEA may provide Title I services to PNP children. Pre-K children must reside in a Title I attendance area and meet selection criteria that has been established once the LEA consults with PNP school officials.

53. PNP Schools and Pre-Kindergarten Programs
Q. Does a PNP school receive additional equitable services if Pre-K students are being served? A. No, there is a limited amount of Title I, Part A funding generated for equitable services. Consequently, the LEA should discuss with PNP school officials in which grade(s) services should be provided, particularly since there may not be sufficient funding to serve all eligible children. Student eligibility for service is based on residency in a Title I, Part A attendance area and academic need.

54. Department of Contracts, Grants and Financial Administration, Texas Education Agency – ESC 20 Training
January 15, 2019
May Title I, Part A equitable services be used solely for PNP supplies and materials?
No. A Title I, Part A program must provide direct instructional services for eligible private nonprofit students to comply with requirements in ESSA Section 1117(a)(1).

55. May the provision of Title I, Part A (Title I) equitable services consist of only professional development?
No. Consistent with ESSA, Section 1117(a)(1)(A), an LEA generally must provide direct instruction to eligible students.

56. May an LEA use federal funds (Title I, Part A; Title II, Part A; Title IV, Part A; etc.,) to purchase electronic devices (i.e., iPads, laptops, Chromebooks) for the provision of equitable services in eligible PNP schools?
ED does not recommend that federal funds are used to purchase electronic devices since the LEA does not have 100% control over what is accessed.
The 34 CFR 299.9(c)(1) states – a public agency must ensure that equipment and supplies placed in a private school are used only for proper purposes of the program.

57. Transferability & REAP

58. Transferability – New ED Guidance
May LEAs leave only the PNP equitable share in its original program while transferring out all other LEA funds?
No. LEAs must calculate equitable service shares based on the total amount of funds available under a program after a transfer. An LEA may not transfer funds to a specific program solely to provide equitable services, it may not retain funds solely for this purpose.
Funds transferred under this section are subject to each of the rules and requirements applicable to the funds under the provision to which the funds are transferred.
TEA ESSA PNP Equitable School Services and the Transferability Authority, Q8. (April 2018)

59. Small Rural Schools Authority (SRSA)
PNP and Title V, Part B - Rural Education Initiative (REAP) – New ED Guidance
Small Rural Schools Authority (SRSA)
Required by statute to engage in timely and meaningful consultation with PNP officials
Applies only to Title II, Part A and Title IV, Part A program funds
If using Alternative Fund Use Authority (AFUA), LEA must reserve total equitable services amount generated by PNP school.

60. PNP and Title V, Part B - Rural Education Initiative (REAP) – New ED Guidance (cont.)
Rural Low Income Schools (RLIS)
LEA must be SRSA eligible
Required by statute to engage in timely and meaningful consultation with PNP officials
Equitable services reservation is based on funds remaining after transfer.

61. Important LEA Submission Dates
NEW - November 15, PNP Excessive Carryover Waiver Request due
November 26, ESSA Final Amounts Released
NEW Requirement - December 15, LEAs with participating PNP schools must resubmit PS3099 Private School Schedule ( ) with final amounts
LEAs must consult with PNPs on any revised equitable services due to a change in final program amounts
June 3, 2019 – Last date to submit final revisions for ESSA Consolidated Application

62. Private School Equitable Services
January 15, 2019
Resource Documents*
ESSA Private Nonprofit School Equitable Services: Frequently Asked Questions Preliminary Guidance from the Texas Education Agency (Aug 2017)
ESSA Non-Regulatory Guidance Fiscal Changes and Equitable Services Requirements (Nov 2016)
NCLB Title I Services to Eligible Private School Children (Oct 2003)
NCLB Title IX, Part E Uniform Provisions Subpart 1 – Private Schools (Mar 2009)
*All statute references are from the ESSA law version dated

63. Webpages
U.S. Department of Education: tml TEA PNP Webpage: Private_School_Equitable_Services Capacity Building: building-initiative/compliance/program- compliance/equitable-services-for-private-nonprofit- schools

64. Questions?

65. Department of Contracts, Grants and Financial Administration, Texas Education Agency
January 15, 2019
Contact Information
LaNetra Guess Director & PNP Ombudsman Federal Program Compliance Texas Education Agency (512)
TEA Office for Grants and Federal Fiscal Compliance

66. Department of Contracts, Grants and Financial Administration, Texas Education Agency
January 15, 2019
Copyright © Notice. The materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions:
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For information contact: Texas Education Agency, 1701 N. Congress Ave., Austin, TX ; 66