Private School Participation for Title IV-B

21st CCLC and Private Schools

Under ESEA federal law, subgrantees must offer equitable services to private school that are located within their geographic service area.

What are equitable services?

Equitable services are services that are provided by an LEA or CBO subgrantee to meet the educational needs of private school participants and supplement the educational services of private schools. (ESEA section 8501, 34 C.F.R. § 299.8(a))

How does a subgrantee consult with private schools in order to provide equitable services?   

All equitable service programs are developed through a process called consultation that is held between the subgrantee and eligible private schools. To be eligible to receive equitable services, the private school must be a non-profit that enrolls students in any grade K-12. Private schools may choose to either participate in equitable services or to decline equitable services. Private schools that are non-responsive to consultation efforts may be assumed to have declined services. (ESEA section 8501(c)(1), (a)(1), 8101(19),(45))

Consultation with private schools must start before the subgrantee applies for the grant in order for the subgrantee to consider the needs of private schools in their application. Consultation must also be on-going and continue throughout the five year grant period. (ESEA section 8501(a)(3)(A), (c)(3)).

To begin consultation, the subgrantee must contact every private school located within the geographic boundaries of the attendance area served. If the subgrantee is a CBO, they can ask the school district(s) within the attendance zone or the ODE's Private School Ombuds for a list of and contact information for private schools. After all private schools have been identified, the subgrantee should contact each private school to invite them to consultation. At this time, the private school can accept services, decline services, or not respond to the invitation. (ESEA section 8501(c)(1))

If a private school responds by accepting services, the subgrantee must meet with them to discuss the specific topics required under ESEA, and must sign an Affirmation of Consultation with each private school. A subgrantee may meet with more than one private school at a time, if that is convenient for all parties. The subgrantee must also assess the needs of the private school and provide services that are equitable in comparison to participating public school students. (ESEA section 8501(c)(5), (a)(1), 34 CFR §299.7(b)(1), (2), 299.7(c), 299.8(b))

If the private school responds by declining services or does not respond, the subgrantee does not have an obligation to serve the private school's students for that school year. However, consultation for equitable services must occur every year, and the private school can change their response each year. (ESEA section 8501(c)(1))

What topics must be discussed during consultation?

The following topics must be discussed during consultation. All responses should be recorded and retained in the subgrantee's files. The private school should indicate that each topic was or was not discussed on a signed Affirmation. (ESEA section 8501(c)(1),(5))

Topic 1: Student Selection, Assessment and Evaluation

• Determining the eligibility of private school students for participation. Private school students must be enrolled in a non-profit school that is located in the geographic area of the attendance area served. The private school student must be enrolled in a grade level, or equivalent, that is served by the program with the priority given to students experiencing poverty, who are at academic risk and/or other criteria as determined by the subgrantee's application. 
• Assessing the academic needs of individual students. Assessments should be performed in a manner that is comparable to public school students. In Oregon, private school students are barred from participation in OSAS; therefore, academic needs will need to be assessed through other types of academic data that are readily available. Assessments may be determined on a school-by-school basis. Discuss when and how often data will be collected.
• Selecting students for participation. If the program lacks capacity for all eligible private school students to participate, discuss what criteria will be used to select participating private school students from the group of eligible students. Also discuss whether or not students will be selected on an annual basis, if there will be preference for siblings, and how newly enrolled students will be selected for participation.
• Removing a private school student from program services. Discuss policies and expectations for student participation and attendance.
• Evaluating equitable service programs for effectiveness. Evaluations should be based on the data outcomes of identified needs. Adjustments to equitable services should be made after evaluating student academic progress, as supported by data.

Note: All subgrantees are recipients of federal funds and must follow FERPA and PPRA. Private schools that participate in equitable services are not recipients of federal funds.

Topic 2: Providing Services

• Timing of services. Discuss if the program will be offered before/after school, summer, or during other school breaks; and also the specific dates and times of the program.
• Location of services. If transportation of private school students will be needed to and from the program location, subgrantees must provide it and may take the cost of transportation out of the administrative set-aside. Additionally, discuss if nutrition services will be provided.
• Supporting private school students' families. Discuss when and where any parent and family engagement activities will take place.
• Identifying the service providers and their credentials. Discuss whether the subgrantee will provide all or some services directly, through a separate government agency, consortium, entity, or third-party contractor. Also, whether private school students will be included in the public school program or if a separate yet equitable program will be created for private school students that is based on their specific needs, location and availability.
• Determining the overall number of students to be served by the program. Explain how this number was calculated. Discuss the number of private school students that will be served.
• Calculating the proportionate share. Explain the calculation and how the proportionate share will be used to provide services to private school students.

Note: all services to private school students must be secular, neutral and non-ideological; they must supplement and not supplant services the private school already provides; and services are under the complete control of the subgrantee, including any materials and equipment used during equitable services.

Topic 3: Ongoing Consultation

• Conducting ongoing consultation. For participating private schools with students enrolled in a program, discuss when, where and how often ongoing consultation will occur. It is strongly recommended that the subgrantee meet with the private school leaders on a quarterly basis to discuss the progress of the program.
• Finalizing decisions. Explain that the subgrantee makes the final decision regarding equitable services; and how the subgrantee will give the private school's views due consideration and solicit their input before making a decision that impacts the private school's ability to participate in equitable services.
• Explaining the equitable service complaint process. Explain how a private school can file a complaint if they disagree with the final decision of the subgrantee. (ESEA section 8501(c)(2))

Note: If the subgrantee disagrees with the views of the private school, the subgrantee must provide their decision in writing and provide fact-based reasons for their decision. Every attempt should be made to resolve disagreements locally. The Private School Ombuds can facilitate conversations around disagreement upon request of either the subgrantee or private school.

What documentation is required?

The ODE will monitor all 21st CCLC subgrantees at least once in a grant cycle. Subgrantees must provide a copy of letters and communications sent to private schools. All signed affirmations must also be provided. Here are some ODE sample communication documents for your reference.

1. 21^st CCLC Participation in Needs Assessment Letter - to be sent to the private school when developing the application.
2. 21^st CCLC Intent to participate Letter - to be sent to the private school by subgrant recipient on an annual basis
3. Affirmation of Consultation - to be filled out and signed by the private school and subgrantee.
   

• If the subgrantee is a school district: use the regular Affirmation of Consultation which includes all Title equitable service programs, and submit it through the Evidence of Consultation form.
• If the subgrantee is a CBO: use the 21^st CCLC Affirmation of Consultation and email a copy to the Private School Ombuds.

How is the proportionate share calculated, and how should it be used?

Under ESEA, the subgrantee is required to calculate a proportionate share that will be used to meet the needs of private school students. These funds should never be used to directly pay or reimburse a private school. Instead, these funds should be used to determine, on a per-pupil basis, how to provide services to private school students. (ESEA section 8501(a)(4), 34 CFR §299.7(a))

Subgrantees may choose to use the proportionate share to provide services to private school students through the same program offered to public school students, or to create a separate program that only serves private school students. In either case, private school students must be served on an equitable basis to public school students until the proportionate share is expended. (ESEA section 8501(a)(1); 34 C.F.R. § 299.7(b)(1))

To calculate the proportionate share:

1. Calculate the total number of eligible students: add the total number of public school students to the total number of private school students
   Total # of eligible students = (total # of public school students) + (total # of private school students)
2. Calculate the net subgrantee allocation: minus the administrative costs from the total subgrantee allocation.
   Net subgrantee allocation = (Total subgrantee allocation) – (Administrative + Indirect costs)
3. Calculate the per-pupil rate: divide the net subgrantee allocation by the total number of eligible students
   Per-pupil rate =  (net subgrantee allocation) ÷ (total # of eligible students)
4. Calculate the proportionate share: multiple the per-pupil rate by the number of eligible private school students
   Proportionate share = (per-pupil rate) x (# of eligible private school students)

Related Resources and Webpages

• Title IV-B Non-Regulatory Guidance (2003)
• Draft Title VIII Equitable Service Non-Regulatory Guidance (2022)
• United States Department of Education Office of Non-Public Education (ONPE)
• Private School Participation Under ESEA

Contact Information

Raquel Gwynn, Title IV-B/21st CCLC Education Specialist, Raquel.Gwynn@ODE.Oregon.Gov, 503-580-9249

Janette Newton, Private School Ombuds, Janette.Newton@ODE.Oregon.Gov, 503-551-9405