Title Layout - Brustein & Manasevit, PLLC

Title Layout - Brustein & Manasevit, PLLC

E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 M ay 1 0 - 1 2 , 2 0 1 7 Providing Equitable Services Under ESSA Title I and Title VIII Tiffany Winters Kesslar, Esq. [email protected] Jennifer Castillo, Esq. [email protected] www.bruman.com E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Equitable Services Requirements oTitle I, Part A Sec. 1117 oTitle VIII Sec. 8501 Title I, C Migrant Children Title II, A Instruction Title III, A English Learners

Title IV, A Student Support and Academic Enrichment Title VI, B 21st CCLC BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 2 Where are the requirements? E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Statutes and Regulations NCLB Section 1120(A) Regulations 34 CFR 200.62 200.67

ESSA Section 1117 and 8501 EDGAR Sections 76.650 76.677 BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 3 Where are the requirements? E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Applicable Non-Regulatory Guidance Fiscal Changes and Equitable Services Requirements under ESEA, as amended by ESSA, November 21, 2016 https://www2.ed.gov/policy/elsec/leg/essa/essaguidance160477.p df Title I Services to Eligible Private School Children,

October 17, 2003 http://www2.ed.gov/programs/titleiparta/psguidance.doc. Ensuring Equitable Services to Private School Children: A Title I Resource Tool Kit, September 2006 https://www2.ed.gov/programs/titleiparta/ps/titleitoolkit.pdf Title IX, Part E Equitable Services for Eligible Private School Students, Teachers, and Other Educational BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS Personnel RESERVED. Non-Regulatory Guidance, March 2009 4 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 What guidance do we follow? Please note that, except as otherwise provided in this [ESSA] guidance,

the existing nonregulatory guidance [Title I and Title IX] remain applicable! BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 5 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Consultation Deriving the Proportionate Share Calculation Allocation of Funds Eligibility Types and Delivery of Equitable Services

BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 6 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Top Equitable Services Findings under NCLB Failing to conduct timely and meaningful consultation; Miscalculating an equitable share of setasides; Not maintaining eligibility criteria for identifying private school students eligible for services; Allowing paraprofessionals to provide instruction without the direct supervision of a highly qualified teacher; BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED.

7 Top Equitable Services Findings under NCLB (cont.) E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Failing to ensure that services do not provide a benefit to the private school (versus benefit to the student); Failing to maintain supervision and control over contracts with third-party providers; Failing to evaluate the program (not just the students' progress); and Failing to maintain public control of the program. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 8

E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Consultati on Requirem ents BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 9 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Consultation Sec. 1117(a)(1)(A) and (b); 8501(c) (NEW): The goal of all parties should be to reach an agreement on how to provide

equitable and effective programs for eligible private school children. LEA must provide timely and meaningful consultation with appropriate private school officials. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 10 Consultation (cont.) Sec. 1117(b)(3) and 8501(c) E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Timely Before the LEA makes any decisions During the design and development of the program

Meetings shall continue throughout implementation and assessment of services Annual Requirement A simple letter explaining the intent of the Title I program is not enough ED suggests invitation to meeting to explain BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 11 Consultation (cont.) Sec. 1117(b)(3) and 8501(c) E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Meaningful Genuine opportunity for parties to express their

views oEDGAR 76.652 Views seriously considered The LEA may initiate consultation with a proposal for services oFinal Decisions made by the LEA after consultation BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 12 Consultation Topics Sec. 1117(b)(1) and 8501(c) E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Consultation must include: 1.How the LEA will identify the needs of eligible

private school children; 2.What services the LEA will offer to eligible students; 3.How, where and by whom the services will be provided; 4.How the LEA will academically assess the services and how the LEA will use the results to improve the Title I services; 5.The size and scope of the equitable services that the LEA PLLC will provide; BRUSTEIN & MANASEVIT, 2017. ALL RIGHTS RESERVED. 13 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017

Consultation Topics 6.The method/sources of poverty data used; (Title I only) 7.Delivery of services Must give consideration to the views of the private school officials regarding the provision of services through a contract with third-party providers; 8.How, if the LEA disagrees with private school officials regarding provision of equitable services through a contracted third-party provider, the LEA will provide notice, an analysis, and reasons to the private school officials; BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 14 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017

Consultation Topics Sec. 1117(b)(1) (cont.) 9. Whether the agency shall provide services to eligible students directly or through thirdparty contractor; 10.(NEW) Whether to provide funding through a pool of funds or with the proportion of funds allocated under this section; 11.(NEW) When services will be provided (Title I only); and 12.(NEW) Whether to consolidate and use Title I Part A funds in coordination with funds from other eligible programs that are dedicated to providing equitable services to private school BRUSTEIN & MANASEVIT, PLLC Ionly) 2017. ALL RIGHTS students. (Title 15 RESERVED.

Disagreement Sec. 1117(b)(2) and 8501(c) E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 (NEW) If an LEA disagrees with the views of private school officials with respect to any topic subject to consultation, The LEA must provide in writing to such private school officials the reasons why the local educational agency disagrees. Final decision rests with BRUSTEIN & MANASEVIT, PLLC 2017. ALLLEA.

RIGHTS the RESERVED. 16 Written Affirmation Sec. 1117(b)(5) and 8501(c) E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 LEAs must obtain written affirmation that timely and meaningful consultation occurred (NEW) LEAs must also give option of signing a written affirmation indicating that timely and meaningful consultation did not occur or that the program design is not equitable with respect to eligible private school children. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS

RESERVED. 17 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 The State Ombudsman Sec. 1117(a)(3)(B) and 8501(b)(3) (NEW) To help ensure equity, the SEA shall designate an ombudsman (an official) to monitor and enforce these requirements. After consultation agreement to be forwarded to ombudsman. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED.

18 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 What are the roles and responsibilities of an ombudsman? Should serve as an SEAs primary point of contact for addressing questions and concerns from private school officials and LEAs regarding the provision of equitable services under Titles I and VIII. The ombudsman should ensure that private school officials know how to contact the ombudsman. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED.

19 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Examples of activities the ombudsman could undertake: Serve as a general resource regarding equitable services requirements for both LEAs and private school officials, which may include conducting initial outreach to define the contours of the ombudsmans responsibilities. Develop, in partnership with other relevant SEA staff, monitoring protocols applicable to the provision of equitable services and participate in a sample of any monitoring activity. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED.

20 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Examples of activities the ombudsman could undertake (Continued): Provide technical assistance regarding equitable services requirements for SEA staff administering applicable programs, LEA staff, and private school officials. Establish a process for receiving documentation of agreement from LEAs consistent with the consultation requirement that the results of such agreement shall be transmitted to the ombudsman. (ESEA section 1117(b)(1)) Participate in the States Title I Committee of Practitioners (ESEA section 1603(b)) and, as applicable, nonpublic schools working group. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS

RESERVED. 21 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g For u m 2 0 1 7 May 10-12, 2017 Monitoring The ombudsman is required to monitor and enforce equitable services requirements under Titles I and VIII and, thus, should have a significant role in the States monitoring process. The ombudsman should work with SEA staff administering Title I, and programs covered under Title VIII to develop monitoring protocols applicable to the provision of equitable services under each program. To ensure that monitoring protocols are being followed, the ombudsman should take an active role in the monitoring process, particularly with respect to the resolution of any findings regarding equitable services requirements under Titles I and VIII.

The ombudsman also should serve as the primary point of contact for responding to and resolving any complaints regarding equitable services that the SEA receives under its ESEA complaint procedures. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 22 E d u c a ti on : T h e N e w Fed e r a l i s m ! S p r i n g For u m 2 0 17 May 10-12, 2017 Who will Your State Choose! BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 23 E d u c a ti on : T h e N e w Fed e r a l i s m ! S p r i n g

Fo r u m 2 0 1 7 May 10-12, 2017 The Ombudsman Should K.I.C. An SEA should consider the following factors in determining who will serve as an ombudsman: Knowledge: Does the individual have sufficient experience and demonstrate thorough knowledge and understanding regarding the equitable services provisions, including the statutes, regulations, and guidance, necessary to implement, monitor, and enforce the equitable services requirements under both Titles I and VIII? Impartiality: Will the individual be able to carry out the ombudsman duties, including monitoring, enforcement, and resolving complaints, in a fair and impartial manner? Will the individual be able to provide guidance to LEAs and private school officials to facilitate the goal of reaching agreement when agreement cannot be achieved independently through consultation? (ESEA sections 1117(b)(1) and 8501(b)(1)) Capacity: Will the ombudsman work alone or in collaboration with other State or Federal program directors? Does the individual have experience with integrating input from other technical experts and program specialists, including those at the U.S. Department of

Education, and communicating it to the appropriate audiences? BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 24 E d u c a ti on : T h e N e w Fed e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Who will the Ombudsman be? ED Wants to Know! In order to effectively provide technical assistance, support, and resources to assist in the provision of equitable services, Office of Non-Public Education (ONPE) and Office of Elementary and Secondary Education (OESE) are jointly seeking to establish relationships with your SEA ombudsman and request you provide the name and contact information for the ombudsman to [email protected] by June 30, 2017.

-Letter from Director Dowling and Acting Assistant Secretary Chism re: State Ombudsman BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 25 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Ombudsman (cont.) Sec. 1117(a)(3)(B) In sum, the Ombudsmans primary responsibilities include: To monitor and enforce equitable services requirements in Title I and Title VIII. Developing monitoring protocols under titles that require equitable services. The Ombudsman should also serve as the

primary point of contact for responding to and resolving any complaints regarding equitable services that the SEA receives. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 26 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Deriving The Allocation Title I, Part A and Title II, Part A BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 27

E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 The Equitable Services Allocation NCLB Formula: Based on number of 1. Private school students 2. From low-income families 3. Who reside in Title I-participating public school attendance areas 4. Created a PPA for each eligible attendance area that was applied to eligible private school students BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 28 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017

Title I, Part A ESSA Proportionate Share Sec. 1117(a)(4) (NEW) Proportionate Share must be calculated BEFORE any allowable expenditures or transfer by the LEA! (NEW) Proportionate Share Formula: 1. LEA determines the participating public attendance school areas. 2. LEA determines number of children from low-income families residing in each participating area who attend public and private schools. 3. LEA determines proportion of children from low-income families residing in each participating area who attends private schools.

4. LEA applies the private school proportion to the LEAs total Title I allocation to determine the equitable services proportionate shared. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 29 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Options for Calculating Poverty Data on Private School Students Sec. 1117(c)(1) To obtain the count of private school children from low-income families, LEAs may use: 1. Data from the same source 2. Survey, with extrapolation 3. Proportionality

4. Correlated measure 5. Comparable data BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 30 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Options for Calculating Poverty Data on Private School Students (cont.) Sec. 1117(c)(1) Same source is the preferred method BUT all options are equally available May use more than one method The choice of poverty measures is subject to timely and meaningful consultation with private school officials However, the NCLB regulations make clear that after such consultation, the LEA will have the final authority in determining the method used. 34 CFR section

200.78(a)(2)(iv). BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 31 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 What if we have no way to collect data? BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 32 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Title 1, A Proportionate Share

Example (NEW) Proportionate Share Formula (assuming LEA received $1M Title I Funds): Public School Attendance Area Public School Low-Income Children Private School Low Income Children Total Low Income Children A

500 120 620 B 300 9 309 C 200 6 206

D 350 15 365 Total 1,350 150 1,500 Proportion of Population 90%

10% Proportionate Share $900,000 $100,000 BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 33 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Title I, A Expenditures/Proportionate Share (cont.) Sec. 1117(a)(4) (NEW) That set-aside includes: - Administrative costs for equitable services (reasonable

and necessary out of this set-aside) - Parental Involvement (Proportionate amount of 1% Total Title I allocation) - Using previous example (1% of $1M allocation = $1,000) - Professional Development - Optional, determined through consultation. - All other activities for eligible private school students Clarified in November Fiscal Guidance BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 34 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Proportionate Share Example Public School Share $900,000

Equitable Services Proportionate Share $100,000 - $9,000 Parental Involvement - $90,000 Administration - Homeless/ N&D - Parental Involvement - Districtwide Initiatives, etc. - $1,000 Parental Involvement - $10,000 Administration (Discussed in consultation) Distributed through

Rank and Serve Distributed through Pooling or School-bySchool (Per Pupil) for services BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 35 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Title II, A Equitable Services Formula Per-pupil basis The amount available for all public and private school students enrolled in participating private elementary and secondary schools in areas serviced by the LEA

Regardless of the students residency BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 36 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Title II, A Equitable Services Formula A. Number of Students LEA Enrollment 900 Participating Private Schools Enrollment 100 Total Enrollment

1,000 B. Title II, A Allocation Total LEA Allocation Administrative Costs (private and public) Total LEA Allocation minus Admin $1,000,000 $50,000 $950,000 C. Per Pupil Rate Total Allocation divided by Total Enrollment D. Equitable Services BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS

RESERVED. $950 37 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Distributing the Funds Sec. 1117(a)(4)(J) and 8501 Two options: 1) Pooling: pool the funds to use for students with greatest educational need anywhere in LEA; or 2) School-by-School: funds follow child to private school for educationally needy children in that school (This codified the previous guidance on this BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED.

38 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Carryover Sec. 1117(a)(4)(B)and 8501(a)(4)(B) Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency. (NEW) There may be extenuating circumstances in which an LEA is unable to obligate all funds within the timeframe. Under these circumstances, funds may remain available for the provision of equitable services under the respective program during the subsequent school year. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED.

39 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 State Notice To Private Schools Sec. 1117(a)(4)(C) and 8501(a)(4) (C) (NEW) Each SEA must provide notice in a timely manner to the appropriate private school officials in the State of the allocation of funds for educational services and other benefits under this part that the local educational agencies have determined are available for eligible private school children. Timing should be discussed during consultation No later than before the beginning of the school year Dissemination should be discusses in consultation BRUSTEIN

& MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 40 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Title I, Part A Eligibility BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 41 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Eligibility for Services Sec. 1117(a) and 1115(c) 1. Reside in participating public school

attendance area; 2. Attend a private elementary or secondary school (regardless of location); AND 3. Be identified as an eligible Title I student (same as targeted assistance schoolSection 115(c) criteria) BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 42 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Eligibility for Services (cont.) Title I funds may not be used to identify private school children who are eligible to participate; private school data should be used for this purpose. However, Title I funds may be used to select

participants from among those who are eligible and to determine their specific educational needs. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 43 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Preschooler Eligibility It depends on the State definition of elementary schools If elementary education includes preschool then YES. If elementary education starts with kindergarten then NO. After consultation with private school officials, an LEA may determine that all or part of the "equitable services" set-aside would best be spent on preschool.

See ED's nonregulatory guidance, "Serving Preschool Children Through Title I" (October 2012), Q&A B-9, http://www2.ed.gov/policy/elsec/guid/preschoolguidance2 012.pdf BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 44 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Type and Delivery of Equitable Services BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 45

E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Title I, A Types of Equitable Services Sec. 1117(a)(1)(A) Services MUST benefit students and NOT the private schools. 34 CFR section 76.658 (NEW) Services, may include: Special educational services, Instructional services (including evaluations to determine the progress in meeting such students academic needs), Counseling or Mentoring, One-on-one tutoring, Other benefits under Title I (such as dual or concurrent enrollment, technology, equipment, etc.). BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 46

E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Title II, A Types of Equitable Services LEA may continue to use Title II, A funds to provide professional development for teachers, principals, and other school leaders to address the specific needs of the students. Includes allowable activities under Title II, A: As long as the cost is allowable (Section 2103(b) (3)); The cost meets the specific needs of students enrolled in private schools and not the school itself (34 CFR 76.658); and It ensures the LEA is responsible and maintains control of funds (Section 8501(d)). BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 47

E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Well-Rounded Education English, reading or language arts, writing, science, technology, engineering, mathematics, computer science, foreign languages, civics and government, economics, arts, music history, geography, career and technical education, health, physical education, and others as designated by State/LEA

Such educational services or other benefits, including materials and equipment, shall be secular, neutral, and non-ideological. Sec. 1117(a)(2). BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 48 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Equity in Equitable Services 34 CFR 200.64 Services are equitable if the LEA Addresses and assesses the specific needs and educational progress of eligible children on a basis comparable to public school children; Meets the equal expenditure requirement or total funds equals total funds generated; Provides private school students with an equitable opportunity to participate and

provides reasonable promise in achieving the states standards or equivalent standards applicable to private school students. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 49 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 EDGAR Comparable Benefit 76.654 The program must be comparable in quality, scope, and opportunity for participation. If the needs of the students enrolled in private schools are different than those of public school students, then shall provide different benefits. This may be clearly the case if more funds are going per pupil to eligible private school students!

BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 50 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Timing of Services Services for private school children must begin at the same time as services for public school children, according to EDs Nonpublic School Guidance under NCLB. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 51

E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Delivery of Equitable Services Sec. 1117(a)(5) and 8501(a)(2) Directly, through private company, or another LEA May be on-site at private school, with safeguards Neutral, secular, and non-ideological (Section 8505) BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 52 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Teacher and Paraprofessional Qualifications

Sec. 1111(g)(2)(j) State Assurances (NEW) The State must ensure all teachers and paraprofessionals working in a Title I program meet applicable State certification and licensure requirements. DOES apply to: LEA teachers teaching private school students and LEA paraprofessionals. Do NOT apply to: Private school teachers or paraprofessionals or third-party contractor teachers or paraprofessionals. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 53 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 LEA Control Over Services Sec. 1117(d) and 8501(d) LEA controls!

oThe LEA plans, designs, and implements program. oThe LEA controls all funds, title to materials, equipment, and property purchased. oThe LEA administers such funds, materials, equipment, and property. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 54 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 LEA Control Over Services (cont.) The LEA may place equipment and supplies in a private school for the period of time needed for the program. Equipment and supplies must only be used for Title I purposes and must be removed without remodeling

the private school facility. The LEA is required to remove the equipment and supplies from the private school if the LEA no longer needs these items to provide the Title I services, or if removal is necessary to avoid unauthorized use of the items for other than Title I purposes. 34 CFR 76.661. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 55 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Evaluatio n and Assessme nts BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED.

56 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Assessment of Students An LEA must provide participating private school students with an equitable opportunity to meet the state standards. However, these standards may not necessarily be aligned with the private school curriculum. After consultation, the LEA may use other assessment measures that more accurately reflect the progress of those students. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 57

E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Evaluation of the Program Sec. 1117(b)(1)(D) An LEA must determine how services will be academically assessed and how the results of that assessment will be used to improve those services. The LEA will normally assess private school children in the subjects in which they receive Title I services. Title I funds may be used to assess these students, but only to the extent that the assessment is not otherwise conducted for other purposes. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 58 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7

May 10-12, 2017 Complain ts and By-Pass BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 59 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 State Complaints 1117(b)(6) and 8501(c)(6) Private school officials have the right to file a complaint with the SEA if they believe that LEA officials have not complied with appropriate legal requirements. Specifically may complain that: The LEA did not engage in consultation that was meaningful

and timely; The LEA did not give due consideration to the views of the private schools; or The LEA did not make a decision that treats the private school students equitably as required by ESSA. In addition, any dispute involving the poverty data on private school students may be appealed to the state. Sec. 1117(c)(2). BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 60 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 State Complaints (cont.) The SEA is required to have complaint procedures in place that conform to applicable statute and regulation. It is up to the LEA and SEA to ensure that private school officials are made aware of complaint procedures.

The private school official must provide the basis of the LEA's noncompliance; and The LEA must forward the appropriate documentation to the SEA in response. (NEW) The General Provisions of ESSA (Title VIII) require that an SEA provide a written resolution to a complaint within 45 days. Sec. 8503(a). BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 61 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 State Bypass Sec. 1117(b)(6)(C) (NEW) The SEA must provide the required equitable services under Title I either directly or through third-party contracts if the appropriate private school officials have met two criteria:

1.The private school officials have requested that the SEA provide such services directly; and 2.The private school officials have demonstrated that the LEA involved has not met the legal requirement to provide equitable services to private school students. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 62 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 Complaint Appeal Process Sec. 8503(b) If the SEA's resolution is not satisfactory, private school officials may appeal to the U.S. Secretary of Education. 30 days to appeal (or may appeal after SEA 45 deadline passes if unresolved). ESSA mandates that the Secretary must

complete an investigation and resolve the appeal within 90 days. (NCLB was 120 days) BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 63 E d u c a t i o n : T h e N e w Fe d e r a l i s m ! S p r i n g Fo r u m 2 0 1 7 May 10-12, 2017 USDE Bypass Sec. 8502 and 8504 If an LEA or SEA is prohibited by state law from providing equitable educational services to private school students, or If the Secretary determines the LEA or SEA has substantially failed or is unwilling to do so, Then ED will bypass the educational agency and assume the responsibility of providing the required services using an appropriate portion of

the educational agencys allocation. Bypass procedures and appeal rights are under EDGAR 76.670 76.677. BRUSTEIN & MANASEVIT, PLLC 2017. ALL RIGHTS RESERVED. 64 QUESTIONS? Legal Disclaimer This presentation is intended solely to provide general information and does not constitute legal advice or a legal service. This presentation does not create a client-lawyer relationship with Brustein & Manasevit, PLLC and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct. Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit, PLLC does not create an attorney-client

relationship with Brustein & Manasevit, PLLC. You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your BRUSTEIN & MANASEVIT, PLLC 2016. ALL RIGHTS particular circumstances. 66 RESERVED.

Recently Viewed Presentations

  • Conquering the Comma - Arrowhead High School

    Conquering the Comma - Arrowhead High School

    Conquering the Comma With help from . . . The Green Bay Packers!! Purdue University Writing Lab * Key Concepts: One of the most prevalent comma errors is the comma splice—the placement of a comma between two independent clauses.
  • The Art of Revision - Cuyamaca College

    The Art of Revision - Cuyamaca College

    Times New Roman Default Design The Art of Revision What are the steps of revision? Check each body paragraph Check the conclusion Check the order of your essay Check for unity and Coherence Proofreading or Editing for Errors More Proofreading...
  • Exemplar Series # 1 Interpretation of UPDM 1.0

    Exemplar Series # 1 Interpretation of UPDM 1.0

    CV-1: Vision Overall vision for transformational endeavors, provides a strategic context for the capabilities described, and provides a high-level scope. CV-1: Vision Overall vision for transformational endeavors, provides a strategic context for the capabilities described, and provides a high-level scope.
  • Volcanoes and Igneous Activity Earth - Chapter 4

    Volcanoes and Igneous Activity Earth - Chapter 4

    Verdana Arial Trebuchet MS Wingdings 2 Calibri Times New Roman Summer 1_Summer Volcanoes and Other Igneous Activity The Nature of Volcanic Eruptions The Nature of Volcanic Eruptions The Nature of Volcanic Eruptions A Pahoehoe Lava Flow A Typical A'A' Flow...
  • Leadership - Shasta COE

    Leadership - Shasta COE

    Viviane Robinson is a professor and researcher from the University of Auckland, New Zealand. She analysized findings from 27 published studies of the relationship between leadership and student outcomes. The purpose of this study was to examine the relative impact...
  • Social Control and Deviance

    Social Control and Deviance

    Deviance has some uses in society Helps to clarify norms, unify the group, diffuse tension, and promote social change Serves to define the boundaries of acceptable behavior Punishment of deviance can prevent others from same deviance Draws lines of society...
  • Using Context Clues - 15faweb.blackbaudondemand.com

    Using Context Clues - 15faweb.blackbaudondemand.com

    Using Context Clues (to help you read with more understanding) When you come across a word you don't know, first try to sound it out. The detective looked for evidence to solve the mystery. ev-i-dence (try dividing the word up...
  • Year 10 Induction Evening, 2014 This Evening  Introduction

    Year 10 Induction Evening, 2014 This Evening Introduction

    GCSE Success. In 2014, 100% of students achieved at least 5 A*-C grades at GCSE including English and Maths. 100%. of students achieved A*-C grades in ALL GCSEs taken. An astonishing . 85%. of examinations taken were awarded an A*-A...