The federal guidance takes the form of a series of questions and answers addressing the implementation of the law. In addition to providing clarifying answers, the new Title IX guidance document features a most helpful "Resources" section containing sample forms, checklists, timelines, and links to other useful online resources.

Title IX includes important requirements associated with the following ESEA/NCLB programs:

• Title I, Part B, Subpart 1 Reading First
• Title I, Part B, Subpart 3, Even Start Family Literacy
• Title I, Part C, Education of Migratory Children
• Title II, Part A, Teacher and Principal Training and Recruiting Fund
• Title II, Part B, Mathematics and Science Partnerships
• Title II, Part D, Enhancing Education Through Technology
• Title II, Part A, English Language Acquisition, Language Enhancement, and Academic Achievement
• Title IV, Part A, Safe and Drug-Free Schools and Communities
• Title IV, Part B, 21st Century Community Learning Centers

• Consultation
• Eligibility
• Expenditures
• Delivery of Equitable Services
• Complaints and Bypass
• Other ESEA Requirements and Private Schools
• Resources

Item D-20 addresses the question: "Who is a 'private school official' or 'representative of private school students'?"

Item D-18 makes it clear that "consultation between the LEA (a public school district) and private school officials should be ongoing throughout the school year."

Item D-23 asks whether a LEA can set deadlines for the submission of requests from private school officials for services and materials? The answer is "yes," on condition that the LEA "...has provided clear and sufficient notice of the deadlines, identified potential consequences for not meeting the deadlines, and given adequate time for private school officials to gather the data and respond."

Item D-26 explains that LEAs should provide private school officials with a copy of their consolidated application (the document that constitutes a district's application for ESEA funding), if so requested.

Item G-9 makes it clear that a LEA can't "...establish a blanket rule that precludes private school students or teachers from receiving certain services authorized by ESEA." (For example, a district can't simply establish a blanket rule to the effect that no Title II, Part A funds can be spent to provide professional development in phonics instruction.)

One new item appears in the guidance in response to a specific question submitted to the U.S. Department of Education by CAPSO on behalf of a member organization. The California Association of Private Special Education Schools (CAPSES) sought clarification regarding whether students with disabilities who are placed by the state in a subset of private schools known in California as "nonpublic schools," are entitled to receive equitable services under ESEA. The unambiguous response provided in Item E-5 is "yes."