How can private schools participate in ESEA programs?

Private schools are not required to participate in any program funded by ESEA. However, a number of ESEA’s programs provide for the participation of private schools on an "equitable basis." What does this mean?

Assume that the "Friendly City School District" currently enrolls a total of 90,000 students in its K-12 public schools and that an additional 10,000 students in grades K-12 attend private schools located within the district’s boundaries. Further assume that (after deducting a certain allowable percentage of funds for administration) the district earmarks $1 million of ESEA Title II funding for professional development activities for teachers. Because 10% of the district’s total K-12 enrollment attend private schools, the district’s private schools are entitled to receive (in the aggregate) $100,000 worth of professional development programming for their teachers. This is what is meant by "participation on an equitable basis." But how do private schools know of the district’s intentions and vice-versa?

ESEA contains provisions requiring SEA’s and LEA’s "to ensure timely and meaningful consultation... with appropriate private school officials during the design and development of the programs under this Act" (that provide for private school participation).

The consultation requirements contained in the law are quite specific. Consultation must occur before a SEA or LEA "...makes any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to participate in programs under this Act, and shall continue throughout the implementation and assessment of activities..." (Title IX, Part E, Section 9501 (C)(3) "Timing").

The law requires consultation to address issues such as:

• How the children’s needs will be identified;
• What services will be offered;
• How, where, and by whom the services will be offered;
• How the services will be assessed and how the results of the assessment will be used to improve those services;
• The size and scope of the equitable services to be provided to the eligible private school children, teachers, and other educational personnel and the amount of funds available for those services; and
• How and when the agency... will make decisions about the delivery of services, including a thorough consideration and analysis of the views of private school officials on the provision of contract services through potential third-party providers.

The last bulleted item is of particular significance. It means that neither SEA’s or LEA’s can satisfy private school participation requirements by simply inviting private schools to participate in programs and/or activities designed for public school students, teachers or other personnel.

Recall, for illustrative purposes, the "Friendly City School District" example in which the LEA earmarked $1 million of ESEA Title II, Part A funding for professional development activities. Assume that the district intended to use the entire sum to address the remediation of reading deficiencies in the early primary grades and shared this information with private school representatives during the early stages of consultation.

Some private schools may have been delighted to learn of the district’s plans and could have proceeded to make arrangements for their teachers to participate in the programs organized by the district for its public school personnel.

Other private schools, however, may have identified different professional development needs that are eligible for funding through Title II of ESEA. One group of private schools, for example, may have indicated the need for a program designed to train teachers to use student portfolios as part of an authentic assessment strategy. Fortunately, ESEA allows private schools to propose the provision of programs that meet their specific needs during the consultation process. Such proposals may include the names and qualifications of preferred program providers. Providers may consist of LEA or SEA personnel, or may be private agencies, organizations, institutions or individuals (not affiliated with the recipient organization) whose services are secured through LEAs or a SEA on a contract basis.

It is important to note that all ESEA funded programs, services and benefits received by private schools must be of a secular, neutral and non-ideological nature.

Funds are never transferred from SEA’s or LEA’s to individual private schools or religious organizations. Following preliminary consultation, the SEA or LEA either provides programs and services using its own personnel, or pays contracted third-party providers to deliver approved programs and services to participating private schools.

If one or more private schools are located within the boundaries of an LEA that does not offer an ESEA program that allows for the equitable participation of private schools, the private school(s) may be eligible to receive services through the SEA.

If private school officials believe their LEA’s have failed to meet the requirements established by ESEA relating to consultation and/or equitable participation, the law provides for a number of procedural remedies. However, the preferred means of avoiding an adversarial relationship with a school district is to take proactive steps to establish collaborative ongoing consultation.