Dear County and District Superintendents, Charter School District Administrators, Categorical Program Directors, and District Business Officers:
PRIVATE SCHOOL PARTICIPATION IN NO CHILD LEFT BEHIND ACT OF 2001 PROGRAMS AND GUIDANCE DOCUMENTS
The No Child Left Behind (NCLB) Act of 2001 requires public school and charter districts to provide programs and services to private school students and teachers eligible to participate in 12 federal education programs, Titles I-V. (See Enclosure.)
The purposes of this letter are:
- To provide guidance and resources concerning private school participation to persons new to NCLB programs and services
- To encourage public school districts to strengthen their communication with eligible private schools as mandated by NCLB
Section 9501(c)(3) of NCLB requires the local educational agency (LEA) to consult with private school officials in a “timely and meaningful” fashion. Private school participation requirements cannot be satisfied simply by inviting private schools to participate in programs and/or activities designed for public school students, teachers, or other education personnel. (See the August 2005, federal Non-Regulatory Guidance for Title IX, Part E, Uniform Provisions, Subpart I – Private Schools, at http://www.ed.gov/policy/elsec/guid/equitableserguidance.doc [DOC; Outside Source].)
For consultation to be meaningful, and private school participation to be equitable, private school officials need timely, clear information about fiscal resources and services. To allow for timely private school needs assessment and program design, it is recommended that consultation begin prior to the new school year. Private schools should be contacted and asked if they would like to participate in all programs related to Titles I-V. Contact should also be made before competitive grant applications are developed by an LEA. Collaborative support from district program and fiscal staff, including those staff developing competitive grant applications, is central to smooth consultation.
Information concerning topics that should be discussed during the consultation process between public and private school officials can be found in the California Department of Education (CDE) Guidance Document concerning private school participation in NCLB programs at http://www.cde.ca.gov/sp/ps/cd/guidance.asp.
Private schools never receive funding directly from an LEA. Private schools receive programs and services through the LEA. Section 9501(a)(4) of NCLB requires that expenditures for services to private school students, teachers, and other educational personnel be equal to the expenditures for their public school counterparts, with consideration of the number and educational needs of the children to be served. As with other decisions affecting services to private school students, LEAs should consult with private school officials on the method for determining equal expenditures, and the resulting methodology should reasonably reflect the number and educational need of public and private school students. For additional information as to how to determine educational need and equitable funding for Title I Services for Students in Private Schools, go to the CDE Web site at http://www.cde.ca.gov/sp/sw/t1/privateschoolsvs.asp. For options as to how to determine educational need and equitable funding for Titles II-V, see the Non-Regulatory Guidance for Title IX, Part E, Uniform Provisions, Subpart I – Private Schools mentioned earlier.
Additional Web Resources
The Web sites mentioned above contain valuable information concerning private school participation in NCLB. Several additional resources related to private school participation are also available. I urge public school district personnel and private schools to also review the following Web sites:
- To clarify questions related to Title II, Part A, Highly Qualified Teachers, Improving Teacher Quality State Grants, (Revised October, 2006), go to http://www.ed.gov/programs/teacherqual/guidance.doc (DOC; Outside Source). Private school issues are on pages 47-55.
- To clarify private school participation in Title IV, Part A, Safe and Drug-Free Schools and Communities, go to http://www.ed.gov/programs/dvpformula/guidance.doc (DOC; Outside Source).
- To clarify private school participation in Title V, Part A, Innovative Programs go to http://www.ed.gov/programs/innovative/titlevguidance2002.doc (DOC; Outside Source).
The CDE meets bi-annually with private school officials to address private school participation in NCLB programs and services. To identify an NCLB-related issue for discussion at these meetings, please contact George Olive, Consultant, Elementary Education Office at 916-323-8901 or by e-mail at golive@cde.ca.gov.
If you have any questions concerning this letter, please contact the Elementary Education Office at 916-319-0839 or by e-mail at privateschools@cde.ca.gov.
Sincerely,
Anthony Monreal, Deputy Superintendent
Curriculum and Instruction Branch
AM:ma
Enclosure
cc:
Ron Reynolds, Executive Director, California Association of Private School Organizations
Kelly Bock, Chair, California Private School Advisory Committee
Joyce Maksin, Private School Liaison, Sacramento County Office of Education
Enclosure
No Child Left Behind Programs in Which Private School Students and Teachers are Eligible to Participate
Title I |
Improving the Academic Achievement of the Disadvantaged |
Title II |
Preparing, Training, and Recruiting High Quality Teachers and Principals Title II, Part A - Teacher and Principal Training and Recruiting Fund |
Title III |
Language Instruction for Limited English Proficient and Immigrant Students Title III, Part A - English Language Acquisition, Language Enhancement, and Academic Achievement |
Title IV |
21st Century Schools Title IV, Part A - Safe and Drug-Free Schools and Communities |
Title V |
Promoting Informed Parental Choice and Innovative Programs Title V, Part A - Innovative Programs |
Title VI |
Flexibility and Accountability Transferring NCLB Funds: Private School Involvement: Overview |
1430 N Street
Sacramento, CA 95814