1. The Elementary and Secondary Education Act (ESEA) as reauthorized by The No Child Left Behind Act (NCLB) Benefits to Private School Students and Teachers

2. Key Points [Reference: Section 9501 of ESEA.] 1. The law provides for equitable participation of private school students and teachers. 2. Consultation must be timely and meaningful. 3. Expenditures must be equal on a per-pupil basis. 4. Services are to address the needs of private school students and teachers. 5. The local educational agency (LEA)* remains in control of funds. 6. Services must be secular, neutral and non- ideological. *Or other entity receiving federal financial assistance

3. Key Point #1 Equitable Participation [References: Sections 1120; 5142; 5466(a); and 9501 of ESEA.] NCLB provides for the equitable participation of private school students, teachers and other educational personnel in some of its major programs, including…

4. NCLB Programs Requiring Equitable Participation [References: Sections 1120; 5142; 5466(a); and 9501 of ESEA.] Title I – Improving the Academic Achievement of the Disadvantaged Improving Basic Programs Operated by LEAs (Part A) Reading First (Part B, Subpart 1) Even Start Family Literacy (Part B, Subpart 3) Education of Migratory Children (Part C) Title II – Preparing, Training and Recruiting High Quality Teachers and Principals Teacher and Principal Training and Recruiting Fund (Part A) [Equitable participation required to the extent that the LEA uses the funds to provide professional development] Mathematics and Science Partnerships (Part B) Enhancing Education Through Technology (Part D) continued

5. NCLB Programs Requiring Equitable Participation (continued) [References: Sections 1120; 5142; 5466(a); and 9501 of ESEA.] Title III – Language Instruction for LEP and Immigrant Students English Language Acquisition, Language Enhancement, and Academic Achievement Act (Part A) Title IV – 21 st Century Schools Safe and Drug-Free Schools and Communities (Part A) Including: Safe Schools/Healthy Students Initiative; Grants to Reduce Alcohol Abuse; Emergency Response and Crisis Management Grants; Mentoring Programs; Grants for School- Based Student Drug-Testing; and Programs for Native Hawaiians. 21 st Century Community Learning Centers (Part B) Title V – Promoting Informed Parental Choice and Innovative Programs Innovative Programs (Part A) Gifted and Talented Students (Part D, Subpart 6) [More limited language on equitable participation] [

6. Key Point #2 Consultation [Reference: Section 9501(c)) of ESEA.] Timely and meaningful consultation during the design and development of the programs on such issues as: How the children’s needs will be identified What services will be offered How and where the services will be provided How the services will be assessed and how the results of the assessment will be used to improve those services Service delivery mechanisms used to provide equitable services Who will provide the services (continued)

7. Consultation ( continued) [Reference: Section 9501(c)) of ESEA.] The amount of funds available to serve private school students The size and scope of the services to be provided How and when the agency will make decisions about the delivery of services

8. Consultation ( continued) [Reference: Section 9501(c)) of ESEA.] Consideration of the views of the private school officials re: use of third-party providers Where the LEA disagrees with the views of the private school officials on the provision of services through a contract, the LEA must provide a written explanation of the reasons why the local educational agency has chosen not to use a contractor

9. Consultation ( continued) [Reference: Section 9501(c)) of ESEA.] Consultation must continue throughout the implementation and assessment of services Such consultation shall occur before the local educational agency makes any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to participate

10. Key Point #3 Equal Expenditures [Reference: Section 9501(a)(4) of ESEA.] Expenditures…shall be equal, taking into account the number and educational needs of the children to be served, to the expenditures for participating public school children.

11. Key Point #4 Equitable Services [Reference: 34 CFR 299.7] The LEA: Assesses, addresses and evaluates the needs of private school students and teachers; Provides benefits and services that meet the needs of private school students and teachers; Spends an equal amount of funds per student to provide services; and Provides private school students and teachers with an opportunity to participate in activities equivalent to the opportunity provided public school students and teachers.

12. Key Point #5 LEA’s Responsibility [Reference: Section 9501(d) of ESEA.] LEA remains in control of the federal funds and maintains title to materials, equipment and property purchased with such funds.

13. Key Point #6 Secular Services [Reference: Section9501(a)(2) of ESEA.] Services and benefits, including materials and equipment, must be secular, neutral and nonideological.

14. Office of Non-Public Education Office of Innovation and Improvement Address: 400 Maryland Avenue, SW Washington, DC 20202 Phone: 202-401-1365 E-mail: OIINon-PublicEducation@ed.gov Web site: http://www.ed.gov/about/offices/list/oii/nonpublic/index.html