Participation Requirements of Children Enrolled in Private Schools

Equitable participation is required for all students enrolled in private/nonpublic schools. Such services should begin at the same time as public school services. No federal funds are distributed directly to the private school; the public school district retains all ownership of materials and funding, and will consult with the private school as to how those funds should be expended. Please see the following information and resources for more guidance in this area.

Participation Requirements

Local Educational Agencies (LEAs) must notify all private/nonpublic schools within the district boundaries of the services available under all federal programs.

Private/nonpublic schools must submit the Intent to Participate forms by the spring deadline in order to qualify for services the following school year. All forms, including requests for services and consultation forms, are located in the Grants Management System and must be completed and submitted with the grant on an annual basis.

Public school districts must:

  • Review Intent to Participate forms and determine which private/nonpublic schools wish to participate and which do not wish to participate.
  • Contact private/nonpublic schools that indicate intent to participate and begin the consultation process in April through June of the current year. Please note this occurs prior to the year in which the services actually would begin in order to ensure all services would be available once the public school services become available. For example, consultation in the spring of 2015 (2014-2015 school year) would occur for services to begin for the 2015-2016 school year. In addition to the initial meeting, consultation and support from the LEA must be continual throughout the year.

Consultation Requirements

Consultation between the public school and private/nonpublic school during the design, development, and implementation of the programs must:

  • Be timely and meaningful and must happen prior to district decisions being made to ensure the needs of the private/nonpublic school are considered when professional development, teacher assignments, and other decisions are being made.
  • Take place on an annual basis, and be documented by the district. The LEA should complete a written affirmation form (required for Title I) indicating the date the consultation took place between the public and private/nonpublic school. The affirmation of consultation should be signed by both the public and private/nonpublic school officials. This form is located in the Grants Management System and is required to be submitted with the grant each year. Grants will not be approved if the applicable forms are not included.
  • Continue throughout the year to ensure the needs of private/nonpublic school students are being met. Consultation is an ongoing process and can occur in many ways such as phone calls, e-mails, or a site visit; ensure documentation is kept for future monitoring visits or audits.
  • Cover issues such as:
    • How the private/nonpublic student 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; and
    • Service delivery mechanisms used to provide equitable services.
  • Indicate the amount of funds available to serve private/nonpublic school students
  • The public schools must discuss with the private/nonpublic school the amount of services available to them in each of the federal programs.
  • This will allow the private/nonpublic schools to better plan appropriately and make careful decisions with the public school district to serve private/nonpublic school students.
  • Indicate the size and scope of the services to be provided:
    • The public and the private/nonpublic school should have a written plan of services to be provided.
  • Indicate who will provide the services.
  • Supplement not Supplant: Any activity funded with ESEA/NCLB programs must supplement, not supplant (replace), private/nonpublic school funds. See each specific federal program for a definition of Supplement not Supplant for that program.
  • Consider the views of the private/nonpublic school officials concerning the use of third-party providers:
    • When the LEA disagrees with the views of the private/nonpublic school officials on the provision of services, the LEA must provide a written explanation of the reasons why the LEA has chosen not to use a contractor.

Resources

Title I Resources

Title II Resources