**Title I**

**Services to Eligible**

**Private School Children**

> ***Non-Regulatory Guidance***

October 17, 2003

**PROVIDING SERVICES TO ELIGIBLE PRIVATE SCHOOL CHILDREN**

**Table of Contents**

[INTRODUCTION 5](#introduction)

[A. CONSULTATION 6](#a.-consultation)

[A-1. What is consultation? 6](#a-1.-what-is-consultation)

[A-2. How do LEAs begin the consultation process?
6](#a-2.-how-do-leas-begin-the-consultation-process)

[A-3. When does an LEA consult with private school officials?
6](#a-3.-when-does-an-lea-consult-with-private-school-officials)

[A-4. Who participates in the consultation process?
7](#a-4.-who-participates-in-the-consultation-process)

[A-5. How long does consultation continue?
7](#a-5.-how-long-does-consultation-continue)

[A-6. What are the regulatory requirements for consultation?
7](#a-6.-what-are-the-regulatory-requirements-for-consultation)

[A-7. What records on consultation must an LEA maintain?
8](#a-7.-what-records-on-consultation-must-an-lea-maintain)

[A-8. Because consultation is an on-going process, when should private
school officials or their representative(s) sign the required written
affirmation that appropriate consultation has taken place?
8](#a-8.-because-consultation-is-an-on-going-process-when-should-private-school-officials-or-their-representatives-sign-the-required-written-affirmation-that-appropriate-consultation-has-taken-place)

[A-9. What should an SEA do when an LEA has not provided it with written
affirmations from private school officials?
8](#a-9.-what-should-an-sea-do-when-an-lea-has-not-provided-it-with-written-affirmations-from-private-school-officials)

[A-10. Do private school officials have the right to complain?
8](#a-10.-do-private-school-officials-have-the-right-to-complain)

[A-11. Must an LEA provide a copy of its Title I application if a
private school official requests it?
8](#a-11.-must-an-lea-provide-a-copy-of-its-title-i-application-if-a-private-school-official-requests-it)

[B. DETERMINING EQUITABLE SERVICES
8](#b.-determining-equitable-services)

ALLOCATIN[G FUNDS FOR EQUITABLE SERVICES
9](#allocating-funds-for-equitable-services)

[B-1. How does an LEA determine participating public school attendance
areas?
9](#b-1.-how-does-an-lea-determine-participating-public-school-attendance-areas)

[B-2. What data does an LEA use when determining eligible attendance
areas?
9](#b-2.-what-data-does-an-lea-use-when-determining-eligible-attendance-areas)

[B-3. Once the participating public school attendance areas have been
established, how does an LEA allocate funds for Title I services under
§1113(c) of the Title I statute?
9](#b-3.-once-the-participating-public-school-attendance-areas-have-been-established-how-does-an-lea-allocate-funds-for-title-i-services-under-1113c-of-the-title-i-statute)

[B-4. How does an LEA collect poverty data on private school children?
11](#__RefHeading___Toc54007581)

[B-5. How does an LEA determine if it should collect the poverty data
annually versus biennially (every two years) and must the collection of
poverty data be uniform across the district?
13](#b-5.-how-does-an-lea-determine-if-it-should-collect-the-poverty-data-annually-versus-biennially-every-two-years-and-must-the-collection-of-poverty-data-be-uniform-across-the-district)

[B-6. If an LEA does not collect the names of low-income families, how
do LEA officials or auditors determine that the poverty numbers provided
by the private school officials are accurate?
14](#b-6.-if-an-lea-does-not-collect-the-names-of-low-income-families-how-do-lea-officials-or-auditors-determine-that-the-poverty-numbers-provided-by-the-private-school-officials-are-accurate)

[B-7. Is there a preferred method for collecting poverty data?
14](#b-7.-is-there-a-preferred-method-for-collecting-poverty-data)

[B-8. May an LEA use more than one method of collecting poverty data?
14](#b-8.-may-an-lea-use-more-than-one-method-of-collecting-poverty-data)

[B-9. May an LEA reserve funds off the top of its Title I allocation
before it allocates funds to participating public school attendance
areas?
14](#b-9.-may-an-lea-reserve-funds-off-the-top-of-its-title-i-allocation-before-it-allocates-funds-to-participating-public-school-attendance-areas)

[B-10. What are the requirements if an LEA reserves Title I funds off
the top for district-wide instructional programs for public elementary
and secondary schools?
14](#b-10.-what-are-the-requirements-if-an-lea-reserves-title-i-funds-off-the-top-for-district-wide-instructional-programs-for-public-elementary-and-secondary-schools)

[B-11. Are private school children who receive Title I services eligible
to receive supplemental educational services?
15](#b-11.-are-private-school-children-who-receive-title-i-services-eligible-to-receive-supplemental-educational-services)

[B-12. Does the equitable services requirement in §1120(a) of the Title
I statute apply to LEA set-asides for preschool programs?
15](#b-12.-does-the-equitable-services-requirement-in-1120a-of-the-title-i-statute-apply-to-lea-set-asides-for-preschool-programs)

[B-13. Does the equitable services requirement in §1120(a) apply if the
LEA takes funds off the top of its Title I allocation for summer school
programs?
15](#b-13.-does-the-equitable-services-requirement-in-1120a-apply-if-the-lea-takes-funds-off-the-top-of-its-title-i-allocation-for-summer-school-programs)

[B-14. If funds are transferred into the Title I program from other ESEA
programs under the transferability authority, do the requirements
relating to the equitable participation of private school students apply
to these funds?
16](#b-14.-if-funds-are-transferred-into-the-title-i-program-from-other-esea-programs-under-the-transferability-authority-do-the-requirements-relating-to-the-equitable-participation-of-private-school-students-apply-to-these-funds)

[B-15. May an LEA transfer funds into the Title I program solely to
provide services for private school students?
16](#b-15.-may-an-lea-transfer-funds-into-the-title-i-program-solely-to-provide-services-for-private-school-students)

[B-16. What are the options available for using funds for instructional
services to private school participants?
16](#b-16.-what-are-the-options-available-for-using-funds-for-instructional-services-to-private-school-participants)

[B-17. If an LEA, in consultation with private school officials, decides
to pool funds allocated for private school children and, later, eligible
low-achieving children in some schools choose not to participate in the
Title I programs, do the funds allocated for children in these private
schools remain in the pool?
16](#b-17.-if-an-lea-in-consultation-with-private-school-officials-decides-to-pool-funds-allocated-for-private-school-children-and-later-eligible-low-achieving-children-in-some-schools-choose-not-to-participate-in-the-title-i-programs-do-the-funds-allocated-for-children-in-these-private-schools-remain-in-the-pool)

[B-18. If there are no children from low-income families attending a
private school, and so no funds are allocated for Title I services, may
the private school children who meet the educational criteria obtain
Title I services?
17](#b-18.-if-there-are-no-children-from-low-income-families-attending-a-private-school-and-so-no-funds-are-allocated-for-title-i-services-may-the-private-school-children-who-meet-the-educational-criteria-obtain-title-i-services)

[B-19. When an LEA elects not to serve an eligible public school
attendance area, as permitted under §1113(b)(1)(D) of the Title I
statute, what are the procedures for serving the private school children
who reside in that attendance area?
17](#b-19.-when-an-lea-elects-not-to-serve-an-eligible-public-school-attendance-area-as-permitted-under-1113b1d-of-the-title-i-statute-what-are-the-procedures-for-serving-the-private-school-children-who-reside-in-that-attendance-area)

[B-20. How are private school children to be identified as residing in a
participating public school attendance area if an LEA is operating under
an open enrollment, desegregation, or magnet plan?
17](#b-20.-how-are-private-school-children-to-be-identified-as-residing-in-a-participating-public-school-attendance-area-if-an-lea-is-operating-under-an-open-enrollment-desegregation-or-magnet-plan)

[ELIGIBLE CHILDREN 18](#eligible-children)

[B-21. What private school students are eligible for Title I services
18](#b-21.-what-private-school-students-are-eligible-for-title-i-services)

[B-22. What are the criteria for selecting private school children from
preschool through grade 2?
18](#b-22.-what-are-the-criteria-for-selecting-private-school-children-from-preschool-through-grade-2)

[B-23. Are private school children from low-income families
automatically eligible for Title I services?
18](#b-23.-are-private-school-children-from-low-income-families-automatically-eligible-for-title-i-services)

[B-24. How are the criteria determined?
18](#b-24.-how-are-the-criteria-determined)

[B-25. What are some of the educationally related criteria that an LEA
may use to identify the at-risk private school children for Title I
services?
18](#b-25.-what-are-some-of-the-educationally-related-criteria-that-an-lea-may-use-to-identify-the-at-risk-private-school-children-for-title-i-services)

B-26. May Title I funds be used to identify eligible private school
students? 19

[B-27. May an LEA require private school officials to verify that
students attending their school reside in a Title I public school
attendance area?
19](#b-27.-may-an-lea-require-private-school-officials-to-verify-that-students-attending-their-school-reside-in-a-title-i-public-school-attendance-area)

[B-28. Once participants are selected, how does an LEA determine what
Title I services are to be provided?
19](#b-28.-once-participants-are-selected-how-does-an-lea-determine-what-title-i-services-are-to-be-provided)

[B-29. Must the number of private school children served be equal to the
number of private school students from low-income families?
19](#b-29.-must-the-number-of-private-school-children-served-be-equal-to-the-number-of-private-school-students-from-low-income-families)

[B-30. If a school in the attendance area in which private school
students reside is operating a schoolwide program, may private school
students be offered a schoolwide program also?
20](#b-30.-if-a-school-in-the-attendance-area-in-which-private-school-students-reside-is-operating-a-schoolwide-program-may-private-school-students-be-offered-a-schoolwide-program-also)

[B-31. If after receiving an offer of equitable services, the private
school officials or parents choose to have the children participate in
only some of the services, may the LEA provide only those services?
20](#b-31.-if-after-receiving-an-offer-of-equitable-services-the-private-school-officials-or-parents-choose-to-have-the-children-participate-in-only-some-of-the-services-may-the-lea-provide-only-those-services)

[B-32. When a child who is most at risk of failing resides in a Title I
attendance area in one LEA and attends a private school in another LEA,
which LEA is responsible for serving the child?
20](#b-32.-when-a-child-who-is-most-at-risk-of-failing-resides-in-a-title-i-attendance-area-in-one-lea-and-attends-a-private-school-in-another-lea-which-lea-is-responsible-for-serving-the-child)

[B-33. May an LEA establish a minimum number of private school children
selected for the program in order to establish a Title I program in the
private school? If so, what is the LEA\'s responsibility to serve
children attending private schools with fewer than that minimum number?
20](#b-33.-may-an-lea-establish-a-minimum-number-of-private-school-children-selected-for-the-program-in-order-to-establish-a-title-i-program-in-the-private-school-if-so-what-is-the-leas-responsibility-to-serve-children-attending-private-schools-with-fewer-than-that-minimum-number)

[B-34. If the funds allocated for private school children are not
sufficient to provide instructional services, may the funds be used to
provide other services, such as professional development or counseling?
20](#b-34.-if-the-funds-allocated-for-private-school-children-are-not-sufficient-to-provide-instructional-services-may-the-funds-be-used-to-provide-other-services-such-as-professional-development-or-counseling)

[DELIVERY OF INSTRUCTIONAL SERVICES
21](#delivery-of-instructional-services)

[B-35. Who is responsible for planning and designing the Title I
program?
21](#b-35.-who-is-responsible-for-planning-and-designing-the-title-i-program)

[B-36. How does an LEA design a Title I program?
21](#b-36.-how-does-an-lea-design-a-title-i-program)

[B-37. What types of services are available for private school
participants?
21](#b-37.-what-types-of-services-are-available-for-private-school-participants)

[B-38. For Title I services, may an LEA just provide a private school
with instructional materials and supplies paid with Title I funds?
22](#b-38.-for-title-i-services-may-an-lea-just-provide-a-private-school-with-instructional-materials-and-supplies-paid-with-title-i-funds)

[B-39. When should Title I services for private school participants
start?
22](#b-39.-when-should-title-i-services-for-private-school-participants-start)

[B-40. What are the obligations of an LEA that does not start the Title
I program for private school participants at the same time it starts the
Title I program for public school students?
22](#b-40.-what-are-the-obligations-of-an-lea-that-does-not-start-the-title-i-program-for-private-school-participants-at-the-same-time-it-starts-the-title-i-program-for-public-school-students)

[B-41. May private school officials order or purchase materials and
supplies needed for the Title I program and be reimbursed by an LEA?
22](#b-41.-may-private-school-officials-order-or-purchase-materials-and-supplies-needed-for-the-title-i-program-and-be-reimbursed-by-an-lea)

[B-42. Where may Title I services take place?
22](#b-42.-where-may-title-i-services-take-place)

[B-43. May Title I services be provided in religiously affiliated
private schools?
22](#b-43.-may-title-i-services-be-provided-in-religiously-affiliated-private-schools)

[B-44. What were the circumstances under which the Court in Agostini
approved Title I instruction in private schools?
22](#b-44.-what-were-the-circumstances-under-which-the-court-in-agostini-approved-title-i-instruction-in-private-schools)

[B-45. Must a program mirror the program described in Agostini in order
to be constitutional?
23](#b-45.-must-a-program-mirror-the-program-described-in-agostini-in-order-to-be-constitutional)

B-46. Must an LEA require the removal of religous symbols in private
school classrooms in which Title I services are provided? 23

[B-47. May space used for Title I instruction in a private school be
used for non-Title I purposes at other times?
23](#b-47.-may-space-used-for-title-i-instruction-in-a-private-school-be-used-for-non-title-i-purposes-at-other-times)

[B-48. Are private schools required to make space available in their
schools for Title I services?
24](#b-48.-are-private-schools-required-to-make-space-available-in-their-schools-for-title-i-services)

[B-49. How does the LEA establish good communications and program
coordination?
24](#b-49.-how-does-the-lea-establish-good-communications-and-program-coordination)

[B-50. May the Title I teacher use the same textbooks as those used by
the private school students in their regular classroom?
24](#b-50.-may-the-title-i-teacher-use-the-same-textbooks-as-those-used-by-the-private-school-students-in-their-regular-classroom)

[B-51. Who provides the Title I services to private school participants?
24](#b-51.-who-provides-the-title-i-services-to-private-school-participants)

[B-52. Must teachers and paraprofessionals hired by an LEA to provide
Title I services to private school participants meet the teacher and
paraprofessional qualification requirements in §1119?
25](#b-52.-must-teachers-and-paraprofessionals-hired-by-an-lea-to-provide-title-i-services-to-private-school-participants-meet-the-teacher-and-paraprofessional-qualification-requirements-in-1119)

[B-53. After consultation with the appropriate private school officials,
may an LEA employ a third-party contractor to provide Title I services
to private school participants?
25](#b-53.-after-consultation-with-the-appropriate-private-school-officials-may-an-lea-employ-a-third-party-contractor-to-provide-title-i-services-to-private-school-participants)

[B-54. If an LEA contracts with a third-party provider, must the
third-party provider employ Title I teachers and paraprofessionals that
meet the qualification requirements in §1119 of Title I?
25](#b-54.-if-an-lea-contracts-with-a-third-party-provider-must-the-third-party-provider-employ-title-i-teachers-and-paraprofessionals-that-meet-the-qualification-requirements-in-1119-of-title-i)

[B-55. May an LEA hire a private school teacher to provide Title I
services to private school participants?
25](#b-55.-may-an-lea-hire-a-private-school-teacher-to-provide-title-i-services-to-private-school-participants)

[B-56. How does the requirement in §1119 of the Title I statute that
paraprofessionals employed by an LEA work under the direct supervision
of a public school teacher apply to the Title I program for private
school participants?
25](#b-56.-how-does-the-requirement-in-1119-of-the-title-i-statute-that-paraprofessionals-employed-by-an-lea-work-under-the-direct-supervision-of-a-public-school-teacher-apply-to-the-title-i-program-for-private-school-participants)

[ADMINISTRATIVE COSTS 26](#administrative-costs)

[B-57. May an LEA reserve funds for administering programs for private
school children?
26](#b-57.-may-an-lea-reserve-funds-for-administering-programs-for-private-school-children)

[B-58. May third-party contractors incur administrative costs?
26](#b-58.-may-third-party-contractors-incur-administrative-costs)

[B-59. May Title I funds be used to purchase furniture for a Title I
classroom?
26](#b-59.-may-title-i-funds-be-used-to-purchase-furniture-for-a-title-i-classroom)

[B-60. What are special capital expenses?
26](#b-60.-what-are-special-capital-expenses)

[B-61. May Title I funds be used to renovate the private school site?
27](#b-61.-may-title-i-funds-be-used-to-renovate-the-private-school-site)

[B-62. Are the costs of computer equipment and software considered to be
special capital expenses?
27](#b-62.-are-the-costs-of-computer-equipment-and-software-considered-to-be-special-capital-expenses)

[B-63. Who is responsible for providing transportation for private
school children from the private school to another site to be served by
the Title I program?
27](#b-63.-who-is-responsible-for-providing-transportation-for-private-school-children-from-the-private-school-to-another-site-to-be-served-by-the-title-i-program)

[C. PARENTAL INVOLVEMENT 27](#c.-parental-involvement)

[C-1. How does an LEA determine the amount of funds to be used for
parental involvement activities for parents of participating private
school students?
28](#c-1.-how-does-an-lea-determine-the-amount-of-funds-to-be-used-for-parental-involvement-activities-for-parents-of-participating-private-school-students)

[C-2. How does an LEA provide equitable services for parents of private
school students participating in the Title I program?
29](#c-2.-how-does-an-lea-provide-equitable-services-for-parents-of-private-school-students-participating-in-the-title-i-program)

[D. PROFESSIONAL DEVELOPMENT 29](#d.-professional-development)

[D-1. How does an LEA meet the equitability requirement for professional
development?
30](#d-1.-how-does-an-lea-meet-the-equitability-requirement-for-professional-development)

[D-2. How does an LEA provide professional development activities to the
Title I teachers who are employees of the LEA?
30](#d-2.-how-does-an-lea-provide-professional-development-activities-to-the-title-i-teachers-who-are-employees-of-the-lea)

[D-3. How may the funds reserved for professional development for
teachers of private school participants be used?
30](#d-3.-how-may-the-funds-reserved-for-professional-development-for-teachers-of-private-school-participants-be-used)

[D-4. May the private school officials arrange for professional
development services for teachers of Title I participants and submit the
invoice to the LEA for payment?
30](#d-4.-may-the-private-school-officials-arrange-for-professional-development-services-for-teachers-of-title-i-participants-and-submit-the-invoice-to-the-lea-for-payment)

[D-5. May Title I funds be used to pay stipends to private school
teachers of Title I participants who participate in a Title I
professional development program?
31](#d-5.-may-title-i-funds-be-used-to-pay-stipends-to-private-school-teachers-of-title-i-participants-who-participate-in-a-title-i-professional-development-program)

[D-6. May Title I funds be used to pay for substitute teachers who
replace private school teachers in their regular classroom while they
attend Title I professional development activities?
31](#d-6.-may-title-i-funds-be-used-to-pay-for-substitute-teachers-who-replace-private-school-teachers-in-their-regular-classroom-while-they-attend-title-i-professional-development-activities)

[E. STANDARDS, ASSESSMENT, AND PROGRAM MODIFICATION
31](#e.-standards-assessment-and-program-modification)

[E-1. In what subjects does an LEA assess private school children?
32](#e-1.-in-what-subjects-does-an-lea-assess-private-school-children)

[E-2. May Title I funds be used to assess private school children?
32](#e-2.-may-title-i-funds-be-used-to-assess-private-school-children)

[E-3. May an LEA use the private school's assessment data to determine
progress of the LEA's Title I program?
32](#e-3.-may-an-lea-use-the-private-schools-assessment-data-to-determine-progress-of-the-leas-title-i-program)

[E-4. May an LEA pay a private school for the assessment data of Title I
participants?
32](#e-4.-may-an-lea-pay-a-private-school-for-the-assessment-data-of-title-i-participants)

[F. BYPASS 32](#f.-bypass)

[APPENDIX I: AFFIRMATION OF CONSULTATION
33](#appendix-i-affirmation-of-consultation)

[APPENDIX II: SURVEY FORM 34](#appendix-ii-survey-form)

[APPENDIX III: INCOME ELIGIBILITY FORM
35](#appendix-iii-income-eligibility-form)

[APPENDIX IV: EXAMPLE OF HOW AN LEA ALLOCATES FUNDS
36](#appendix-iv-example-of-how-an-lea-allocates-funds)

PROVIDING SERVICES TO ELIGIBLE

PRIVATE SCHOOL CHILDREN

A significant amount of input from the field helped us develop this
guidance. It is intended to be used in conjunction with the authorizing
statute and applicable regulations by both public and private school
officials. This guidance is nonbinding, but compliance with it will be
deemed by the Department, including the Inspector General, as compliance
with the applicable Federal statute and regulations.

This guidance is divided into sections. Each section begins with a short
explanation of the Title I requirements for that section, followed by
questions and answers related to the explanation.

This guidance relates specifically to Title I, Part A services for
private school children. Under a number of other Department programs,
private school students are entitled to receive equitable services. For
information regarding these other programs, see the Department's web
site at
[www.ed.gov/about/offices/list/oii/nonpublic](http://www.ed.gov/about/offices/list/oii/nonpublic).

## INTRODUCTION

The Title I program provides supplemental educational services so that
all children have a fair, equal, and significant opportunity to obtain a
high-quality education. Generally, to qualify for assistance under Title
I, a student must reside within the attendance area of a participating
public school located in a low-income area and be failing, or at risk of
failing, to meet student academic achievement standards.

Under Title I, local educational agencies (LEAs) are required to provide
services for eligible private school students, as well as eligible
public school students. In particular, §1120 of

Title I, Part A of the Elementary and Secondary Education Act (ESEA), as
amended by the No Child Left Behind Act (NCLB), requires a participating
LEA to provide eligible children attending private elementary and
secondary schools, their teachers, and their families with

Title I services or other benefits that are equitable to those provided
to eligible public school children, their teachers, and their families.

The Title I services for private school students must be developed in
consultation with officials of the private schools. The NCLB
strengthened these requirements by, among other things, requiring
meetings with private school officials and a written affirmation signed
by private school officials that the required consultation has occurred.

The amount of Title I funds allocated to each participating public
school attendance area is determined mainly on the basis of the total
number of low-income students---both public and private\-- residing in
each area. Expenditures for private school students in each area
generally are determined based on the proportion of students from
low-income families residing in that area who attend private school.

## The Title I services provided by the LEA for private school participants are designed to meet their educational needs and supplement the educational services provided by the private school. These services may be provided by the LEA, or by a contractor who is independent of the private school and any religious organization. Title I services or benefits must be secular, neutral, and nonideological. 

## A. CONSULTATION

The requirements for consultation are in §1120(b) of the Title I statute
and §200.63 of the

Title I regulations.

Consultation with officials from private schools is an essential
requirement in the implementation by an LEA of an effective Title I
program for eligible private school children, their teachers, and their
families.

####### A-1. What is consultation?

Consultation involves discussions between public and private school
officials on key issues that affect the ability of eligible private
school students to participate equitably in Title I programs. Effective
consultation provides a genuine opportunity for all parties to express
their views and to have those views considered. Successful consultation
establishes positive and productive working relationships that make
planning easier and ensure that the Title I services provided meet the
needs of eligible students.

A unilateral offer of services by an LEA with no opportunity for
discussion is not adequate consultation. Only after discussing key
issues relating to the provision of Title I services should the LEA make
its final decisions with respect to the Title I services to be provided
to eligible private school children, their teachers, and their families.

####### A-2. How do LEAs begin the consultation process?

Annually an LEA must contact officials of private schools with children
who reside in the LEA regardless of whether the private school they
attend is located in the LEA. One way to accomplish this is for the LEA
to extend an invitation to officials of the private schools and convene
a meeting with them at which LEA officials explain the intent of Title I
and the roles of public and private school officials and provide
opportunities for the private school officials to ask questions. It is
not adequate consultation merely to send a letter to officials of the
private schools explaining the intent of Title I.

####### A-3. When does an LEA consult with private school officials? 

Consultation by an LEA must include meetings between the LEA and
appropriate private school officials and must occur [before]{.underline}
the LEA makes any decision that affects the opportunity for eligible
private school children, their teachers, and their families to
participate in Title I programs. For example, if the LEA signs teacher
contracts or orders supplies and equipment for the Title I program in
the spring, the LEA must consult with the appropriate private school
officials before signing those teacher contracts with Title I teachers
or ordering supplies and equipment to provide Title I services for
private school students.

####### A-4. Who participates in the consultation process?

Consultation includes appropriate public school officials and
representatives of private schools and their central administrative
offices, if appropriate. Private school officials can facilitate
consultation by informing the LEA of which private school officials
should be included in the consultation process and their roles and
authority.

####### A-5. How long does consultation continue?

An LEA must meet with appropriate private school officials throughout
the implementation and assessment of Title I services. This consultation
must include early discussions to prepare for the next school year so
that there is a timely start of the Title I program at the beginning of
each school year, and throughout its implementation and assessment of
services.

####### A-6. What are the regulatory requirements for consultation?

Under §200.63 of the Title I regulations consultation must, at a
minimum, address the following issues:

-   How the LEA will identify the needs of eligible private school
    children.

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-   What services the LEA will offer to eligible private school
    children.

-   How and when the LEA will make decisions about the delivery of
    services.

-   How, where, and by whom the LEA will provide services to eligible
    private school children.

-   How the LEA will assess academically the services to private school
    children in accordance with §200.10 of the Title I regulations, and
    how the LEA will use the results of that assessment to improve Title
    I services.

-   The size and scope of the equitable services that the LEA will
    provide to eligible private school children and, consistent with
    §200.64 of the Title I regulations, the proportion of its Title I
    funds that the LEA will allocate for these services and the amount
    of funds that the LEA reserves from its Title I allocation for the
    purposes listed in §200.77 of the Title I regulations.

-   The method, or the sources of data, that the LEA will use (under
    §200.78 of the

Title I regulations) to determine the number of private school children
from low-income families residing in participating public school
attendance areas, including whether the LEA will extrapolate data if a
survey is used.

-   The services the LEA will provide to teachers and families of
    participating private school children.

> Consultation must also include -- --

-   Discussion of service delivery mechanisms the LEA will use to
    provide services; and

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-   Thorough consideration and analysis of the views of the private
    school officials on whether the LEA should contract with a
    third-party provider. If the LEA disagrees with the views of the
    private school officials on that issue, the LEA must provide in
    writing to those officials the reasons why the LEA has chosen not to
    use a third-party contractor.

####### A-7. What records on consultation must an LEA maintain?

Each LEA must maintain and provide to the State educational agency (SEA)
a written affirmation, signed by officials of each private school with
participating children or appropriate representatives of the private
school officials, that the required consultation has occurred. (An
example of an affirmation form may be found in Appendix I).

####### A-8. Because consultation is an on-going process, when should private school officials or their representative(s) sign the required written affirmation that appropriate consultation has taken place?

The affirmation should be signed when consultation on the planning and
design of the next year's program has been completed. The exact timing
of signing the affirmation should be a consultation topic. The SEA has
the flexibility to require LEAs to submit the written affirmations
during the annual Title I application process or at another time. After
the affirmation is obtained, consultation continues through the
implementation and assessment of services.

####### A-9. What should an SEA do when an LEA has not provided it with written affirmations from private school officials?

When an LEA has not obtained a written affirmation signed by private
school officials, an SEA may request that the LEA provide a reason for
the lack of affirmation. In some cases, the reason may be that the
private school officials did not want Title I services. However, if the
reason is that there is a disagreement between the LEA and private
school officials, the SEA may facilitate resolution of their
differences.

####### A-10. Do private school officials have the right to complain?

Private school officials have the right to complain to the SEA if they
believe that an LEA did not engage in timely and meaningful consultation
or did not consider their views.

####### 

####### A-11. Must an LEA provide a copy of its Title I application if a private school official requests it?

Yes. An LEA must provide a copy of its Title I application when a
private school official requests it.

## B. DETERMINING EQUITABLE SERVICES

An LEA must, after timely and meaningful consultation with appropriate
private school officials, provide Title I educational services to
private school children who live in participating public school
attendance areas and are identified by the LEA as at risk of failing.
These services must be equitable in comparison to services and benefits
provided to public school participants (§1120(a) of the Title I
statute).

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

###### ALLOCATING FUNDS FOR EQUITABLE SERVICES

**FOR PRIVATE SCHOOL STUDENTS**

Under §1113(a) of the Title I statute and §200.78 of the regulations, an
LEA must allocate

Title I funds to public school attendance areas, identified as eligible
and selected to participate, in rank order on the basis of the total
number of children from low-income families residing in each area.

####### B-1. How does an LEA determine participating public school attendance areas?

A public school attendance area is generally eligible to participate in
Title I if its percentage of children from low-income families is at
least as high as the percentage of children from low-income families in
the LEA as a whole or if it has a 35 percent poverty rate. An LEA first
annually ranks its public school attendance areas by poverty and then
selects, in rank order, those areas that the LEA will serve. For areas
that exceed 75 percent poverty, the LEA must serve those areas in rank
order without regard to grade-span; thus high-poverty middle and high
schools must be served, along with high-poverty elementary schools.
After an LEA has funded all schools with a poverty rate above 75 percent
poverty, it may serve schools ranked lower than 75 percent poverty
either by grade-span groupings or by the district as a whole. An LEA has
the flexibility, for example, to decide to serve only elementary schools
or a combination of elementary and middle schools, but not high schools.

####### B-2. What data does an LEA use when determining eligible attendance areas?

In identifying and ranking eligible public school attendance areas, an
LEA must use one (or a combination) of four sources of poverty data:
census; free and reduced price lunch; Temporary Assistance for Needy
Families; and Medicaid assistance. The LEA generally should, if
possible, take into consideration data on the number of children from
low-income families who reside in each attendance area and attend either
public or private schools. For an LEA to include numbers of private
school children, however, an LEA would have to have available for each
public school attendance area the total number and the poverty data for
all private school children residing in each attendance area. Because
obtaining these poverty data for every private school child residing in
the entire LEA may be difficult, an LEA may, if necessary, identify and
rank its eligible school attendance areas on the basis of the number of
children from low-income families attending public schools only.

####### B-3. Once the participating public school attendance areas have been established, how does an LEA allocate funds for Title I services under §1113(c) of the Title I statute?

Once the participating public school attendance areas have been
established, under §1113(c) of Title I, an LEA calculates the per-pupil
allocation (PPA) for each participating public school attendance area.
Then, based on the [total]{.underline} number of children from
low-income families residing in each attendance area attending either
public or private schools, the LEA calculates the total amount of funds
for each area. From this amount, the LEA reserves an amount of funds for
the private school children (equal to the PPA multiplied by the number
of low-income private school students in the area) to provide equitable
services to eligible private school participants.

Thus, an LEA, in consultation with private school officials, must obtain
the best available poverty data on private school children residing in
participating public school attendance areas. Because private school
officials may have access to poverty information not easily accessible
to public school officials, it is important that public and private
school officials consult and cooperate in this effort.

+----------+-------------+----------+----------+----------+----------+
| Public   | [Column     | [Column  | [Column  | [Column  | [Column  |
| school   | A]{         | B]{.un   | C]{.un   | D]{.un   | E]{.un   |
|          | .underline} | derline} | derline} | derline} | derline} |
| at       |             |          |          |          |          |
| tendance | Per pupil   | Number   | Number   | Total    | Amount   |
| area     | allocation  | of       | of       | al       | a        |
|          | (PPA) by    | public   | private  | location | vailable |
|          | attendance  | school   | school   | for each | for      |
|          | area        | lo       | lo       | public   | Title I  |
|          |             | w-income | w-income | school   | services |
|          |             | children | children | \[Col. A | to       |
|          |             | by       | by       | X Col.   | private  |
|          |             | at       | at       | B\]      | school   |
|          |             | tendance | tendance |          | children |
|          |             | area     | area     |          | (Col. A  |
|          |             |          |          |          | X Col.   |
|          |             |          |          |          | C)       |
+----------+-------------+----------+----------+----------+----------+
| A        | \$800       | 500      | 130      | \        | \        |
|          |             |          |          | $400,000 | $104,000 |
+----------+-------------+----------+----------+----------+----------+
| B        | \$700       | 300      | 8        | \        | \$ 5,600 |
|          |             |          |          | $210,000 |          |
+----------+-------------+----------+----------+----------+----------+
| C        | \$600       | 200      | 3        | \        | \$ 1,800 |
|          |             |          |          | $120,000 |          |
+----------+-------------+----------+----------+----------+----------+
| D        | \$500       | 400      | 17       | \        | \$ 8,500 |
|          |             |          |          | $200,000 |          |
+----------+-------------+----------+----------+----------+----------+

####### 

####### In this example, eligible public school attendance areas are identified and ranked on the basis of the number of children from low-income families attending public schools. 

[]{#__RefHeading___Toc54007581 .anchor}**B-4. How does an LEA collect
poverty data on private school children?**

Section 1120(c)(1) of the Title I statute and §200.78(2) of the
regulations allow an LEA to calculate the number of children who are
from low-income families and attend private schools in several ways:

1.  [Using the same measure of poverty.]{.underline} *If available, an
    LEA should use the same measure of poverty used to count public
    school children,* e.g., free and reduced price lunch data.

2.  [Using comparable poverty data from a survey and allowing such
    survey results to be extrapolated if complete actual data are
    unavailable.]{.underline}

    a.  *In order to obtain the number of private school children from
        low-income families, an LEA may use a survey to obtain poverty
        data comparable to those used for public school students. To the
        extent possible, the survey must protect the identity of
        families of private school students.* The only information
        necessary for an LEA to collect in such a survey of private
        school children is- -

        1.  geographic information verifying residence in a
            participating public school attendance area;

        2.  grade level of each child; and

        3.  income level of parents.

> An LEA should not require that the private school officials give the
> names of low-income families.

EXAMPLES OF GOOD SURVEY PRACTICES:

(Examples of survey and reporting forms may be found in Appendices II
and III)

b.  *After obtaining income data from a representative sample of
    families with children in private school, an LEA may extrapolate
    those data to the entire private school student population if
    complete actual data are unavailable. The LEA should take care to
    ensure that the data are truly representative of the private school
    students in the district.*

EXAMPLES OF REPRESENTATIVE SAMPLE AND EXTRAPOLATION:

  ------------- ------------- ------------- ------------- ----------------
  Column 1      Column 2      Column 3      Column 4      Column 5

  Public school \# of         \# of private \# of         extrapolated \#
  attendance    resident      school        low-income    of low-income
  area          private       children      private       private school
                school        submitting    school        children
                children      surveys       children from 
                                            survey        

  A             150           115           100           130

  B             20            10            4             8
  ------------- ------------- ------------- ------------- ----------------

Key:

Column 1. public school attendance area

Column 2. number (#) of resident private school children

Column 3. number of private school children submitting surveys

Column 4. number of low-income private school children on returned
surveys

Column 5. extrapolated number of low-income private school children.

CALCULATIONS:

Col. 5 (extrapolated number of low-income children) =

[Col. 4 (# of low-income on survey)]{.underline} multiplied by Col. 2 (#
resident private school children)

Col. 3 (total submitted surveys)

Or [100]{.underline} times 150 = 130 [4]{.underline} times 20 = 8

115. 10

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3.  [Using comparable poverty data from a different source.]{.underline}
    *If data from the same source used for public school children are
    not available, an LEA may use poverty data for private school
    children that are from a different source than the data it uses for
    public school children so long as the income threshold in both
    sources is generally the same.*

For example, an LEA uses free and reduced price lunch data but private
school children do not participate in the free lunch program; however,
private school officials are able to provide an LEA with a count of
children who are from low-income families using other sources of poverty
data such as Temporary Assistance to Needy Families (TANF) or tuition
scholarship programs. If the different sources use different definitions
of low-income, an LEA would need to adjust the results accordingly.

4.  [Using proportionality]{.underline}. An LEA may apply the low-income
    percentage of each participating public school attendance area to
    the number of private school children who reside in that school
    attendance area. To do this, an LEA will need the addresses and
    grade levels of those students attending private schools.

EXAMPLE OF PROPORTIONALITY CALCULATIONS:

5.  [Using an equated measure.]{.underline} *An LEA may use an equated
    measure of low-income by correlating sources of data---that is,
    determining the proportional relationship between two sources of
    data on public school children and applying that ratio to a known
    source of data on private school children.* For example, an LEA uses
    free and reduced-price lunch data, but those data are not available
    for private school students. However, if TANF data are available,
    the LEA could determine an equated measure of poor students in
    private schools based on free and reduced-price lunch data by
    correlating the two sets of data as follows: TANF in the public
    school is to free and reduced price-lunch as TANF in private schools
    is to "X."

> [TANF (public)]{.underline} = TANF [(private)]{.underline}
>
> Free & reduced price lunch (public) X (private)

####### 

####### In this example, the LEA may then use the equated number of private school students based on free and reduced-price lunch data ("X") as the number of poor private school students.

####### 

####### B-5. How does an LEA determine if it should collect the poverty data annually versus biennially (every two years) and must the collection of poverty data be uniform across the district?

Section 1120(a)(4) of the Title I statute permits an LEA to determine
the number of children from low-income families who attend private
schools \"each year or every 2 years.\"  This provision was included to
reduce the burden of annually collecting poverty data from private
schools, particularly if those private schools do not otherwise
maintain poverty data and so have to obtain those data through a
survey.  An LEA should consult with appropriate private school officials
about the availability of poverty data on private school students and by
this process determine whether it would be more feasible to collect
annually or biennially.  It is not necessary that an LEA adopt a uniform
procedure with regard to all private schools.  For example, if some
private schools have free and reduced price lunch data available, the
LEA could collect those data annually.  For other private schools that
rely on a survey, the LEA could collect data biennially.  If data are
collected from different years, the LEA should ensure that the data for
the district, taken as a whole, appropriately and consistently represent
concentrations of low-income students.

####### B-6. If an LEA does not collect the names of low-income families, how do LEA officials or auditors determine that the poverty numbers provided by the private school officials are accurate?

Private school officials should maintain the poverty data in their
files. If LEA officials or auditors wish to review the poverty data,
they may review the data at the private schools.

####### B-7. Is there a preferred method for collecting poverty data?

If the same data source is available for public and private schools,
then that is the preferred method for determining the number of public
and private school children from low-income families because of
comparable data. However, if the data used for public school children
are not available for the private school children, then, after
consultation with the appropriate private school officials, the other
methods described on pages 11-13 of this guidance may be used to collect
poverty data for private school students.

####### B-8. May an LEA use more than one method of collecting poverty data?

Yes. Since some private schools within an LEA do not participate in the
free and reduced price lunch program, it may be necessary for an LEA,
after consultation with appropriate private school officials, to use
more than one method of collecting data on children living in poverty.
However, the LEA must ensure that there are no duplicate counts and the
methods used have comparable income levels.

####### B-9. May an LEA reserve funds off the top of its Title I allocation before it allocates funds to participating public school attendance areas?

Yes. The provisions for allocating Title I funds are in §200.77 of the
Title I regulations. Before allocating Title I funds to participating
public school attendance areas, an LEA must reserve a portion of its
Title I allocation off the top, as needed, for specific purposes. These
purposes may be to provide services for neglected children in local
institutions or for homeless children, carry out parental involvement
and professional development activities, pay for choice-related
transportation and supplemental educational services, or administer
Title I programs for public and private school children, including
paying any special capital expenses. The LEA may also reserve funds off
the top for other authorized activities, such as school improvement
activities or district-wide instructional programs.

####### B-10. What are the requirements if an LEA reserves Title I funds off the top for district-wide instructional programs for public elementary and secondary schools?

If an LEA reserves funds off the top of its Title I allocation for
district-wide instructional programs for public elementary and secondary
school students, the equitable services requirement applies. Section
200.64(a)(2)(i)(A) of the Title I regulations requires that, if an LEA
reserves funds for instructional and related activities for public
elementary or secondary school students at the district level, the LEA
must also provide from these funds, as applicable, equitable services to
eligible private school children. The amount of funds available to
provide equitable services from the applicable reserved funds must be
proportional to the number of private school children from low-income
families residing in participating public school attendance areas.

####### B-11. Are private school children who receive Title I services eligible to receive supplemental educational services?

No. Only children from low-income families [attending public schools
identified for improvement, corrective action, and
restructuring]{.underline}--not all children participating in
Title I--are eligible to receive supplemental educational services.

####### B-12. Does the equitable services requirement in §1120(a) of the Title I statute apply to LEA set-asides for preschool programs?

The equitable services requirement applies only to children who attend
private elementary and secondary schools and does not apply to children
attending private preschool programs, unless the State considers
preschool to be part of elementary education.

####### B-13. Does the equitable services requirement in §1120(a) apply if the LEA takes funds off the top of its Title I allocation for summer school programs?

Since a Title I summer school program provides instructional services,
§200.64(a)(2)(i)(A) of the Title I regulations would apply and would
require the LEA to provide equitable services to eligible private school
children. The LEA must base equitable services supported with the
reserved funds on the proportion of private school children from
low-income families residing in participating public school attendance
areas.

####### B-14. If funds are transferred into the Title I program from other ESEA programs under the transferability authority, do the requirements relating to the equitable participation of private school students apply to these funds?

Yes. With respect to any funds transferred into the Title I program, the
LEA must provide equitable services for private school students.

####### B-15. May an LEA transfer funds into the Title I program solely to provide services for private school students?

No. The LEA may not transfer to the Title I program only the portion of
funds available for services for private school students from one or
more of the programs whose funds may be transferred. Rather, before it
transfers any funds, the LEA must engage in timely and meaningful
consultation with appropriate private school officials. Assuming the LEA
decides to transfer funds, it provides services to public and private
school students and teachers under the program(s) to which the funds are
transferred.

####### B-16. What are the options available for using funds for instructional services to private school participants?

##### 

In consultation, the LEA and private school officials may choose one or
both of the following options for using the funds reserved for
instructional services for eligible private school children.

1.  [On a School-by-School Basis:]{.underline} Provide equitable
    services to eligible children in each private school with the funds
    allocated for the children who reside in participating public school
    attendance areas and attend that private school.

2.  Pooling [Option]{.underline}: Combine funds allocated for private
    school children in all participating areas to create a pool of funds
    from which the LEA provides equitable services to eligible private
    school children who are in the greatest educational need of those
    services and reside in participating public school attendance areas.
    If it pursues this option, the LEA, in consultation with officials
    from the private schools, must establish criteria to determine the
    eligible private school students in greatest educational need who
    should receive services. Under this option, the services provided to
    eligible children attending a particular private school do not
    depend on the amount of funds allocated for children in that school.
    (See example in Appendix IV)

####### B-17. If an LEA, in consultation with private school officials, decides to pool funds allocated for private school children and, later, eligible low-achieving children in some schools choose not to participate in the Title I programs, do the funds allocated for children in these private schools remain in the pool? 

Yes. An LEA allocates Title I funds to participating public school
attendance areas using data on the number of low-income children, both
public and private, who reside in that public school attendance area.
Once funds are allocated, if a particular private school with eligible
low-achieving children does not wish to have its students participate in
the Title I program, any funds allocated for children in that private
school remain in the pool.

####### B-18. If there are no children from low-income families attending a private school, and so no funds are allocated for Title I services, may the private school children who meet the educational criteria obtain Title I services?

If there are no children from low-income families to warrant the
allocation of instructional funds and the LEA is not pooling the funds,
then children in that private school who meet the educational criteria
will not receive Title I services because there are no funds available
to provide services. If the LEA is pooling funds, then eligible
low-achieving children who meet the educational criteria and attend
private schools with no children from low-income families may receive
Title I services.

####### B-19. When an LEA elects not to serve an eligible public school attendance area, as permitted under §1113(b)(1)(D) of the Title I statute, what are the procedures for serving the private school children who reside in that attendance area?

####### 

An LEA may elect not to serve (\"skip\") an eligible public school
attendance area or school that has a higher percentage of children from
low-income families than other schools it elects to serve if (1) the
school meets the comparability requirements, (2) the school is receiving
supplemental funds from other State or local sources that are spent
according to the requirements of either §§1114 or 1115, and (3) the
funds expended from such other sources equal or exceed the amount that
would be provided under Part A. Eligible private school children who
reside in a "skipped" attendance area, however, must be provided Title I
services even though the public school attendance area is skipped.

In implementing this provision, therefore, an LEA must determine which
school attendance areas would have received Title I funds absent any
skipping and what the per-pupil allocations for those areas would have
been. The LEA must then determine the amount of funds that would have
been allocated for private school children residing in those school
attendance areas. This amount is included in the funds available for
serving eligible private school children residing in the LEA. If the LEA
skips one or more of its higher-ranked school attendance areas, enabling
the LEA to use Title I funds to serve additional lower-ranked areas,
low-income private school children residing in those additional areas
would not warrant the allocation of funds.

####### B-20. How are private school children to be identified as residing in a participating public school attendance area if an LEA is operating under an open enrollment, desegregation, or magnet plan?

If an LEA identifies a public school as eligible on the basis of
enrollment, rather than serving an eligible school attendance area, the
LEA must, in consultation with private school officials, determine an
equitable way to identify eligible private school children. For example,
the LEA may assign a private school child to the public school
attendance area in which the child resides or to the public school that
the child would have attended if not enrolled in a private school.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

###### ELIGIBLE CHILDREN

####### B-21. What private school students are eligible for Title I services

To be eligible for Title I services, a private school child must reside
in a participating public school attendance area and must meet the
requirements in §1115(b) of Title I, which requires the LEA to use
multiple, educationally related, objective criteria in selecting
children to participate in the Title I program. Under that section,
certain children may be identified as eligible solely by virtue of their
status: for example, homeless children and children who in the preceding
two years had participated in Head Start, Even Start, Early Reading
First, a Title I preschool program, or a Title I, Part C (Migrant
Education) program.

####### B-22. What are the criteria for selecting private school children from preschool through grade 2?

Children from preschool through grade 2 are selected solely on the basis
of such criteria as teacher judgment, interviews with parents, and
developmentally appropriate measures.

####### B-23. Are private school children from low-income families automatically eligible for Title I services?

No. Student eligibility for Title I services for private school children
is determined by (1) residence in a participating public school
attendance area, and (2) educational need. Poverty is not a criterion.

####### B-24. How are the criteria determined? 

In consultation with private school officials, an LEA must establish
multiple, educationally related, objective criteria to determine which
private school children are eligible for Title I services, and, within
the eligible group, which children will be served. To the extent
appropriate, the LEA must select private school children who are
failing, or most at risk of failing, to meet high student academic
achievement standards

####### B-25. What are some of the educationally related criteria that an LEA may use to identify the at-risk private school children for Title I services?

The criteria may include- -

-   Achievement tests;

-   Teacher referrals and recommendations based on objective,
    educationally related criteria; and

-   Grades

**B-26. May Title I funds be used to identify eligible private school
students?**

Title I funds may not be used to identify private school children who
are eligible to participate. Title I funds, however, may be used to
select participants from among those who are eligible and to determine
the specific educational needs of those children.

####### B-27. May an LEA require private school officials to verify that students attending their school reside in a Title I public school attendance area? 

It is an LEA's responsibility to verify that the eligible private school
children reside in participating public school attendance areas. The
officials of the private school may help with this determination if they
wish. However, the LEA cannot require private school officials to do
this verification.

####### B-28. Once participants are selected, how does an LEA determine what Title I services are to be provided?

An LEA, in consultation with appropriate private school officials,
determines the appropriate Title I services based on the needs of the
private school students. Title I services may be provided in subject
areas or at grade levels that are different from those provided public
school students, as long as these services are provided in the same
grade-span as the services provided to public school children. These
services must hold reasonable promise that the academic performance of
private school participants will improve.

####### B-29. Must the number of private school children served be equal to the number of private school students from low-income families?

No. The needs of eligible private school children and the amount of
funds available determine who is served and what those services are.

####### 

####### B-30. If a school in the attendance area in which private school students reside is operating a schoolwide program, may private school students be offered a schoolwide program also?

No. Since private schools are not eligible for Title I services,
schoolwide programs may not be operated in private schools. However,
eligible private school children residing in an area served by a
schoolwide public school program must be offered equitable services.

####### B-31. If after receiving an offer of equitable services, the private school officials or parents choose to have the children participate in only some of the services, may the LEA provide only those services?

Yes. The statute requires that an LEA offer equitable services to
private school children, but not that private school children accept or
participate in all those services. An LEA meets its responsibility to
provide services even if the services are wholly or partially refused by
private school officials or parents. The LEA must continue to offer
equitable services each year and cannot presume to reduce the services
offered based on what was offered or accepted in the past.

####### B-32. When a child who is most at risk of failing resides in a Title I attendance area in one LEA and attends a private school in another LEA, which LEA is responsible for serving the child?

Section 200.62(b)(1)(i) of the Title I regulations defines Title I
eligible private school children as those who reside in participating
public school attendance areas of the LEA, regardless of whether the
private school they attend is located in the LEA. Thus, the LEA in which
the child resides is responsible for providing services to the child,
but it may arrange to have services provided by another LEA and
reimburse that LEA for costs.

#######  

####### B-33. May an LEA establish a minimum number of private school children selected for the program in order to establish a Title I program in the private school? If so, what is the LEA\'s responsibility to serve children attending private schools with fewer than that minimum number?

Section 1120(a) of Title I requires that LEAs provide for the
participation, on an equitable basis, of eligible children enrolled in
private schools. The requirement applies regardless of the number of
children attending a private school; there is no minimum number.
However, when the number of eligible children at one location is very
small, the cost of establishing certain types of programs to serve them
may be prohibitive, especially when these children may be from different
grades or have different educational needs. In this case, the LEAs
should consider other options. If feasible and equitable, they might
adopt methods that are cost-effective for serving small numbers, such as
take-home computer programs, individual tutoring programs, professional
development activities with the classroom teachers of Title I
participants, or other strategies.

####### B-34. If the funds allocated for private school children are not sufficient to provide instructional services, may the funds be used to provide other services, such as professional development or counseling?

Yes. After consultation with private school officials, an LEA may
provide Title I services other than direct instruction if the provision
of services, such as counseling, staff development, and parental
involvement is appropriate to assist those children identified as
failing or most at risk of failing to meet high student academic
achievement standards. The LEA must measure the effect of the services
on the academic achievement of participating children.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

###### DELIVERY OF INSTRUCTIONAL SERVICES

####### B-35. Who is responsible for planning and designing the Title I program?

After consultation with appropriate private school officials, the LEA
must design a Title I program that meets the needs of private school
participants. The LEA is responsible for planning, designing, and
implementing the Title I program and may not delegate that
responsibility to the private schools or their officials.

####### B-36. How does an LEA design a Title I program? 

Consistent with §1115(c) of the Title I statute, the LEA provides a
Title I program to private school children, employing methods and
instructional strategies for improving academic achievement that have
been shown to be effective through scientifically based research. The
LEA must also give primary consideration to providing extended learning
time and a high-quality curriculum.

Based on the needs of the children to be served, the LEA must provide an
instructional program that not only supplements but also is well
coordinated with the instruction that the private school children are
receiving in their regular classrooms. This program should complement
classroom instruction and should not be a separate instructional
program.

####### B-37. What types of services are available for private school participants? 

Services for participating private school children include, but are not
limited to, the following:

-   Instructional services provided by public school employees or
    third-party contractors.

-   Extended-day services.

-   Family literacy programs.

-   Counseling programs.

-   Computer-assisted instruction (CAI).

-   Home tutoring.

-   Instruction using take--home computers.

####### B-38. For Title I services, may an LEA just provide a private school with instructional materials and supplies paid with Title I funds?

Simply providing the private school with instructional materials and
supplies is [NOT]{.underline} an option available to the LEA because it
is neither a proper Title I program implemented by the LEA nor meets the
equitability requirement.

####### B-39. When should Title I services for private school participants start?

Under the equitable services provision of the Title I statute, the Title
I program for private school participants must begin at the same time as
the Title I program for public school participants. Therefore, the
required consultation should begin early enough so that Title I teachers
can be hired and materials ordered in order for the Title I program to
start at the beginning of each school year.

####### B-40. What are the obligations of an LEA that does not start the Title I program for private school participants at the same time it starts the Title I program for public school students? 

An LEA is obligated to provide Title I services on an equitable basis,
and the expectation is that Title I services start at the beginning of
each school year. If the LEA begins the Title I program late in the
school year, in order to comply with applicable requirements, the LEA
should provide additional services during the remainder of the year and
carry over any unspent funds that should have been used to provide
equitable services for private school students and add them to the
instructional funds for the private school participants for the next
school year.

####### B-41. May private school officials order or purchase materials and supplies needed for the Title I program and be reimbursed by an LEA?

No. Private school officials have no authority to obligate or receive
Title I funds. The statute clearly states that the LEA must maintain
control of Title I funds, materials, equipment, and property. No Title I
funds may be paid to a private school.

####### B-42. Where may Title I services take place?

Title I services for private school participants may be provided at
various locations, including the private school, neutral sites, or
public schools. LEA officials must consult with private school officials
before any decision is made about the location of Title I services. If
appropriate space is available, the least disruptive and least expensive
location will be the private school that the participating children
attend.

####### B-43. May Title I services be provided in religiously affiliated private schools? 

In the 1997 case of [Agostini v. Felton]{.underline}, the U.S. Supreme
Court decided that Title I instructional services may be provided by
public school employees in religiously affiliated private schools
without violating the Establishment Clause of the United States
Constitution.

####### B-44. What were the circumstances under which the Court in [Agostini]{.underline} approved Title I instruction in private schools?

The Court was reviewing the constitutionality of New York City's Title I
program as it existed prior to 1985 and concluded that providing Title I
services in private schools was constitutional under the facts that
existed under that program. Although the Court did not say that any
particular facts were required, it considered the program's
characteristics in ruling that Title I instructional services could be
provided in private schools without violating the Establishment Clause.
For example, in New York City's pre-1985 Title I program, only public
employees could serve as Title I instructors and counselors, and
assignment of public school personnel to private schools was made
without regard to the religious affiliation of the employee.
Additionally, all religious symbols were removed from classrooms used
for Title I services, personnel were instructed to limit their
consultations with the regular classroom teacher to discussions
concerning mutual concerns regarding the students' education, and a
publicly employed field supervisor made one unannounced visit to each
teacher's classroom each month.

Title I personnel were also given a detailed set of instructions
emphasizing the secular purpose of Title I and setting out rules to be
followed to ensure that this purpose was not compromised. These
instructions noted that Title I personnel were public employees and
accountable only to their public school supervisors; that they could
teach only students determined to be eligible by public school
officials; that their materials and equipment could only be used in the
Title I program; that they could not engage in team teaching or other
cooperative instructional activities with private school personnel; and
that they could not introduce any religious matter into their teaching
or become involved in the religious activities of the private school.

####### 

####### B-45. Must a program mirror the program described in [Agostini]{.underline} in order to be constitutional?

In its decision in [Agostini]{.underline}, in ruling that Title I
services can be provided in private religious schools, the Supreme Court
considered the various characteristics of New York City's pre-1985
program. The Court did not specifically indicate whether any particular
factor was required, but rather said a federally funded program should
contain "safeguards such as those present here." In other words, the
factors in the New York program were sufficient to create a
constitutional program, and other programs with similar levels or types
of safeguards should likewise be constitutional, but the Court did not
say that each and every factor was necessary to the program's
constitutionality.

**B-46. Must an LEA require the removal of religious symbols in private
school classrooms in which Title I services are provided?**

No, the Department believes that the constitutionality of Title I
instructional services provided in a private school will depend on
consideration of the program\'s safeguards viewed as a whole, not of any
one factor, such as whether or not there are religious symbols in the
space used for that instruction. The Department does believe, however,
that a valid program must contain safeguards to ensure that public
employees do not promote religion in the course of carrying out their
Title I duties.

####### B-47. May space used for Title I instruction in a private school be used for non-Title I purposes at other times?

Yes. The LEA should have the exclusive use and control of the Title I
space during the time when Title I services are being conducted, but the
space may be used for other purposes at other times.

####### 

####### B-48. Are private schools required to make space available in their schools for Title I services?

No. If space is not available in a private school, or if the private
school chooses not to make its facilities available to the LEA for this
purpose, Title I services must be provided in another location. The LEA
still has the responsibility of providing equitable Title I services for
private school children under these circumstances, although the services
would be at a location outside the private school. The extra costs of
providing services at a location outside the private school would be
taken "off-the-top" of the LEA's Title I allocation before funds are
allocated for instructional services for public and private school
children.

####### B-49. How does the LEA establish good communications and program coordination?

To facilitate the delivery of well-coordinated and high-quality
services, Title I teachers, teachers of private school participants,
private school officials and LEA staff members should meet and discuss
the design and development of the Title I program. These meetings should
be one-on-one between the Title I teachers and the private school
teachers of Title I participants to ensure that the Title I program
supplements and is coordinated with the regular classroom instruction
received by the private school participants.

EXAMPLES OF COMMUNICATION WITH THE REGULAR CLASSROOM TEACHER:

####### B-50. May the Title I teacher use the same textbooks as those used by the private school students in their regular classroom?

Yes. The Title I teacher may use the same textbooks and materials as
those used in the regular private school classroom so long as the
textbooks and materials are secular, neutral, and nonideological, and
the instructional services supplement and do not replace the
instructional program in the participants' regular classrooms.

####### B-51. Who provides the Title I services to private school participants?

Section 1120(d)(2) of the statute requires that Title I services be
provided by either an employee of a public agency (LEA) or through a
contract by the public agency (LEA) with an individual, association,
agency, or organization. These employees, individuals, associations,
agencies, or organizations must be independent of the private school and
any religious organization in the provision of those services and such
employment or contract must be under the control and supervision of the
public agency (LEA).

####### B-52. Must teachers and paraprofessionals hired by an LEA to provide Title I services to private school participants meet the teacher and paraprofessional qualification requirements in §1119?

Yes. Such teachers and paraprofessionals who provide Title I services to
private school participants and are employees of an LEA must meet the
qualification requirements within the timeframes specified in §1119 of
the statute.

####### B-53. After consultation with the appropriate private school officials, may an LEA employ a third-party contractor to provide Title I services to private school participants?

Yes. An LEA may provide Title I services directly or indirectly through
contracts with public and private agencies, organizations, and
institutions so long as those entities are independent of the private
school and of any religious organization in the provision of those
services. The services may be provided in a private school under the
same conditions, and subject to the same limitations, as if the LEA
provided the services.

####### B-54. If an LEA contracts with a third-party provider, must the third-party provider employ Title I teachers and paraprofessionals that meet the qualification requirements in §1119 of Title I?

No. The highly qualified personnel requirements only apply to those
teachers and paraprofessionals who are directly employed by the LEA.

####### B-55. May an LEA hire a private school teacher to provide Title I services to private school participants?

Yes, as long as the private school teacher meets the highly qualified
teacher standards required in §1119 of the Title I statute and is
independent of the private school in the provision of Title I services.
The private school teacher can only be employed for Title I purposes
outside of the time he or she is employed by the private school and the
private school teacher must be under the direct supervision of the LEA
with respect to all Title I activities.

####### B-56. How does the requirement in §1119 of the Title I statute that paraprofessionals employed by an LEA work under the direct supervision of a public school teacher apply to the Title I program for private school participants? 

Paraprofessionals providing instructional support must work under the
direct supervision of a public school teacher (see §1119(g)(2)(G) and
(g)(3)(A) of Title I). A paraprofessional works under the direct
supervision of a teacher if (1) the teacher prepares the lessons and
plans the instructional support activities that the paraprofessional
carries out, and (2) the paraprofessional works in close and frequent
proximity to the teacher. As a result, a Title I program for private
school participants staffed entirely by paraprofessionals is not
permitted.

Moreover, Title I-paid paraprofessionals may not work under the
supervision of private school teachers.

###### ADMINISTRATIVE COSTS

####### B-57. May an LEA reserve funds for administering programs for private school children?

Yes. An LEA may reserve an amount that is reasonable and necessary to
administer Title I programs for both public and private school children,
including special capital expense costs. This reservation for
administration, including funds needed to administer Title I programs
for private school students, is taken \"off-the-top\" of the LEA\'s
allocation and not from the funds allocated for Title I services for
private school children. Funds for instructional services are allocated
[after]{.underline} administrative and other "off-the-top" costs are
determined.

####### B-58. May third-party contractors incur administrative costs?

A third-party contractor hired by an LEA to provide services to private
school participants may incur administrative costs. These costs must
come off the top of the LEA's Title I allocation as administrative
costs. The LEA may not charge a third-party contractor's administrative
costs to the funds allocated for private school children for
instructional services. To facilitate this determination, the parties
should identify in the contract the portion of the costs that are
administrative, and the LEA should use funds taken "off-the-top" of its
allocation to pay this portion of the contract.

####### B-59. May Title I funds be used to purchase furniture for a Title I classroom?

Yes. Title I funds may be used to purchase furniture for a Title I
classroom if that cost is reasonable and necessary for the operation of
the Title I program; however, the cost of the furniture must be charged
to administrative costs. If an LEA purchases furniture with Title I
funds, only Title I participants may use it.

####### B-60. What are special capital expenses?

Special capital expenses refer to expenditures for noninstructional
goods and services that were or are still being incurred as a result of
implementing alternative delivery systems such as the following:

-   Purchase or lease of real and personal property (including mobile
    educational units and neutral sites).

-   Insurance and maintenance costs.

-   Transportation between a private school and another site.

-   Buy-out leases for mobile vans or neutral space or other costs
    relating to terminating arrangements for providing Title I services
    to private school children outside of their private school.

-   Other comparable goods and services, which include costs to escort
    children to and from instructional areas and, in the case of
    computer-assisted instruction, costs to install equipment and pay
    for noninstructional computer technicians. (Note: Technicians
    perform non-instructional duties, such as operating and maintaining
    computer equipment and keeping order in a Title I CAI classroom.
    Whether employees should be considered Title I instructional
    personnel or noninstructional technicians depends on the functions
    performed by the employees in addition to their job titles or
    classifications.).

Under §200.77(f) of the Title I regulations, these special capital
expenses costs must be considered administrative costs and taken off the
top of the LEA's total Title I allocation.

####### B-61. May Title I funds be used to renovate the private school site?

No.

####### 

####### B-62. Are the costs of computer equipment and software considered to be special capital expenses?

No. Costs for computers and software are considered to be instructional
costs and are paid from the funds allocated for instructional services
for private school children.

####### B-63. Who is responsible for providing transportation for private school children from the private school to another site to be served by the Title I program?

If private school children eligible to receive equitable Title I
services need to be transported from their private school to another
site, the LEA, as the provider of equitable services, has the
responsibility of providing that transportation. It is not the
responsibility of the private school officials or the participants'
parents to provide the necessary transportation. The cost of such
transportation is an administrative cost and should not be charged to
the instructional funds allocated for private school children.

## C. PARENTAL INVOLVEMENT

Title I places considerable emphasis on parental involvement. Section
1118 of the Title I statute contains many provisions concerning an
LEA\'s responsibilities for carrying out parental involvement
activities. Research shows that parent involvement in the education of
their children is a critical factor in improving academic achievement.
If students are to attain and maintain grade-level proficiency and
achieve high academic standards, parents must support their children's
learning.

####### C-1. How does an LEA determine the amount of funds to be used for parental involvement activities for parents of participating private school students? 

Section 1118 of Title I requires an LEA to reserve funds off the top of
its Title I allocation to carry out required Title I parental
involvement activities. Section 200.65 of the regulations requires the
LEA to calculate the amount of funds available for parental involvement
activities from the reserved funds based on the proportion of private
school children from low-income families residing in participating
public school attendance areas.

####### C-2. How does an LEA provide equitable services for parents of private school students participating in the Title I program? 

####### 

An LEA must provide equitable services to parents of private school
participants from the funds set aside for this purpose. Activities for
the parents of private school participants must be planned and
implemented after meaningful consultation with private school officials
and parents. Activities that LEAs can provide parents that will assist
private school students in achieving high academic standards include a
written agreement between the LEA and parents of private school
participants regarding the responsibilities of the LEA and parents in
the Title I program, parent meetings, communication between the Title I
teachers and parents on students' academic progress, parent-teacher
conferences, and parent education.

During the consultation process, the LEA, private school officials and
parents discuss a number of options for parental involvement in the
Title I program, including parent meetings, parent compacts,
parent-teacher conferences, parent training activities, and reasonable
access to Title I staff. After considering the needs of the private
school parents and the views of the private school officials and
parents, the LEA conducts an annual meeting with parents, initiates
written compacts between the LEA and parents outlining their shared
responsibilities in the Title I program and provides workshops for
parents on how to work at home with their children in reading and
math.   The LEA also provides parents of each private school participant
an individual student report on the performance of that participant on
the State assessment or on an appropriate alternative assessment and
informs parents about how their children are achieving in the Title I
program through monthly reports to parents.

## D. PROFESSIONAL DEVELOPMENT

Professional development is another major emphasis in Title I.
Professional development activities should enrich teacher knowledge and
provide opportunities for both the Title I teachers and private school
teachers of Title I participants to increase their skills and knowledge
regarding providing instruction to Title I children.

####### D-1. How does an LEA meet the equitability requirement for professional development?

If an LEA reserves funds under §1119 off the top of its Title I
allocation for carrying out Title I professional development activities,
the LEA must provide equitable services to teachers of private school
participants from this set-aside. As required under §200.65 of the
regulations,

an LEA calculates these equitable services from the reserved funds in
the proportion to the number of private school children from low-income
families residing in participating public school attendance areas.
Activities for the teachers of private school participants must be
planned and implemented with meaningful consultation with private school
officials and teachers.

####### 

####### 

####### D-2. How does an LEA provide professional development activities to the Title I teachers who are employees of the LEA?

The LEA is required to provide professional development activities for
Title I teachers who are employees of the LEA. The costs of this
training should be paid from the funds reserved for the professional
development of the LEA's teachers and not from the funds required to
provide equitable services to teachers of private school participants.

####### 

####### D-3. How may the funds reserved for professional development for teachers of private school participants be used?

The professional development activities for private school teachers
should address how those teachers can serve Title I students better,
such as by providing information on research-based reading and
mathematics instruction. It is inappropriate to use these funds to
upgrade the instructional program in the regular classroom of the
private school.

####### D-4. May the private school officials arrange for professional development services for teachers of Title I participants and submit the invoice to the LEA for payment?

No. Private school officials are not authorized to obligate or receive
Title I funds. The statute clearly states that the LEA must maintain
control of Title I funds. No Title I funds may be paid to the private
school.

####### D-5. May Title I funds be used to pay stipends to private school teachers of Title I participants who participate in a Title I professional development program?

Yes. Title I funds may be used to pay for stipends for private school
teachers, if reasonable and necessary. For example, if the professional
development activity is conducted during after-school hours or in the
summer, stipends may be needed to compensate teachers for their
participation outside their regular employment hours. Stipends for
private school teachers must be available on the same basis as those for
public school teachers *and* the stipends must be paid directly to the
private school teachers for their own use and not to the private school.

####### D-6. May Title I funds be used to pay for substitute teachers who replace private school teachers in their regular classroom while they attend Title I professional development activities?

No. Title I funds may not be used to hire substitute private school
teachers. After consultation, the LEA should offer professional
development activities at a time and place that is convenient for the
teachers of private school participants.

## E. STANDARDS, ASSESSMENT, AND PROGRAM MODIFICATION

Public school students who participate in Title I programs must be held
to the same challenging content and student achievement standards that a
State expects all public school students to meet. Private school
students who participate in Title I programs must also be held to high
standards. In some instances, however, it may not be appropriate to
expect private school children to meet the State\'s standards, if, for
example, those standards are not aligned with the curriculum of the
private school.

If the LEA, in consultation with private school officials, determines
that it would be inappropriate to measure the achievement of
participating private school children in relation to the State\'s
standards, the LEA must use alternative standards that reasonably
promise that the services provided will enable the private school
participants to achieve the high levels called for by the State\'s
student achievement standards

An LEA must [annually]{.underline} assess the progress of the Title I
program toward enabling private school Title I participants to meet the
agreed-upon standards. The LEA may use the State's assessment system
(under §1111(b)(3) of Title I) or other assessment measures that more
accurately reflect the progress of the private school participating
students toward meeting the standards that the LEA, in consultation with
private school officials, has determined is appropriate. Every year the
LEA and private school officials must consult on what constitutes
[annual progress]{.underline} for the Title I program. In measuring
annual progress, the LEA has the flexibility to group children in a
manner that will provide the most accurate information about their
progress. For example, the LEA may decide to group children by
instructional method, grade level, school, or other appropriate basis.
If the Title I program for the private school participants does not make
the expected annual progress, the LEA must annually make modifications
to the Title I program.

While LEAs are required to assess progress of Title I students annually,
they should also consult with private school officials/teachers
regularly about the progress the Title I private school participants are
making in their regular classrooms.

####### E-1. In what subjects does an LEA assess private school children? 

An LEA normally would assess private school children in the subjects in
which the LEA provides Title I services to those children.

####### E-2. May Title I funds be used to assess private school children?

Yes. Title I funds may be used to assess private school children if the
assessment is used only for Title I purposes. To the extent, however,
that an assessment is conducted for other purposes, it may not be paid
for from Title I funds. If private school children, in general, are
included in the State assessment, Title I funds may not be used to pay
for the assessment of those private school children participating in
Title I.

####### E-3. May an LEA use the private school's assessment data to determine progress of the LEA's Title I program?

Yes. Officials of the private schools may provide the LEA with the
assessment data on Title I participants that the private school has
collected as part of its testing program. However, private school
officials are not obligated to do this, and refusal by private school
officials to provide these data does not release the LEA from its
obligation to provide services and assess the progress of the private
school participants in the Title I program.

####### E-4. May an LEA pay a private school for the assessment data of Title I participants?

No.

## F. BYPASS

If an LEA is prohibited by State law from providing for the equitable
participation in Title I programs of eligible children enrolled in
private elementary and secondary schools, or if the Secretary determines
that an LEA has substantially failed or is unwilling to provide for such
participation as required by §1120 of the Title I statute, the Secretary
waives the requirements that the LEA serve private school children and
arranges for the provision of such services by another entity. In making
the determination to bypass an LEA, the Secretary considers one or more
factors, including the quality, size, scope, and location of the program
and the opportunity of private school children to participate in the
program.

To implement a bypass, the Department generally enters into a contract
with a third party, awarded in accordance with the Federal Acquisition
Regulations (FAR) and deducts funds from the SEA\'s Title I allocation
in the State where the bypassed LEAs are located. Accordingly, the SEA
then reduces the allocations of the bypassed LEAs. The Department
administers any bypass contract in accordance with the FAR.

## APPENDIX I: AFFIRMATION OF CONSULTATION 

**WITH PRIVATE SCHOOL OFFICIALS**

SAMPLE FORM for USE by LEAs \*

+----------------------------------------------------------------------+---+
| Section 1120(b) of the No Child Left Behind Act and §200.63 of the   |   |
| Title I regulations require that timely and meaningful consultation  |   |
| occur between the local education agency (LEA) and private school    |   |
| officials prior to 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  |   |
| under this section.                                                  |   |
+----------------------------------------------------------------------+---+
| **The following topics [must]{.underline} be discussed during the    |   |
| ongoing consultation process:**                                      |   |
+----------------------------------------------------------------------+---+
| -   How the LEA will identify the needs of eligible private school   |   |
|     children.                                                        |   |
+----------------------------------------------------------------------+---+
| -   What services the LEA will offer to eligible private school      |   |
|     children.                                                        |   |
+----------------------------------------------------------------------+---+
| -   How and when the LEA will make decisions about the delivery of   |   |
|     services.                                                        |   |
+----------------------------------------------------------------------+---+
| -   How, where and by whom the LEA will provide services to eligible |   |
|     private school children, including a thorough consideration and  |   |
|     analysis of the views of the private school officials on the     |   |
|     provision of services through a contract with a third-party      |   |
|     provider.                                                        |   |
+----------------------------------------------------------------------+---+
| -   How the LEA will assess academically the services to eligible    |   |
|     private school children in accordance with §200.10 and how the   |   |
|     LEA will use the results of that assessment to improve Title I   |   |
|     services.                                                        |   |
+----------------------------------------------------------------------+---+
| -   The size and scope of the equitable services that the LEA will   |   |
|     provide to eligible private school children and, consistent with |   |
|     §200.64, the proportion of funds that will be allocated to       |   |
|     provide these services.                                          |   |
+----------------------------------------------------------------------+---+
| -   The method or sources of data that the LEA will use under        |   |
|     §200.78 to determine the number of private school children from  |   |
|     low income families residing in participating public school      |   |
|     attendance areas, including whether the LEA will extrapolate     |   |
|     data, if a survey is used.                                       |   |
+----------------------------------------------------------------------+---+
| -   The equitable services the LEA will provide to teachers and      |   |
|     families of participating private school children.               |   |
+----------------------------------------------------------------------+---+
| -   If the LEA disagrees with the views of the private school        |   |
|     officials on the provisions of services through a contract, the  |   |
|     LEA must provide the private schools the reasons in writing why  |   |
|     the LEA chooses not to use a contractor.                         |   |
+----------------------------------------------------------------------+---+

**We agree that timely and meaningful consultation occurred before the
LEA made any decision that affected the participation of eligible
private school children in the Title I, Part A program.**

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Public School Official Date Private School Representative Date
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

School District Name of Private School Agency or School

> The LEA must maintain a copy of this form in its records and provide a
> copy to the SEA.
>
> \*This is not an official Department of Education document. It is
> provided only as an example.

## APPENDIX II: SURVEY FORM

**LEA SAMPLE FORM for Use by Private School Officials\***

The purpose of this survey is to collect data that will be used to
determine the amount of funds available for the public school district
to provide Title I services to eligible students in our school.
Determining the number of our students, by public school district of
residence, who would qualify for free and reduced-price lunches,
accomplishes this. The information requested below is confidential. It
is not necessary to provide family names.

**A.** Find your family size and look at the annual gross income level
listed beside it on the chart printed below.

+---------------------------------+------------------------------------+
| Family Size                     | Annual Gross Income                |
|                                 |                                    |
|                                 | For 2002-2003                      |
+---------------------------------+------------------------------------+
| One                             | \$15,244                           |
+---------------------------------+------------------------------------+
| Two                             | \$20,461                           |
+---------------------------------+------------------------------------+
| Three                           | \$25,678                           |
+---------------------------------+------------------------------------+
| Four                            | \$30,895                           |
+---------------------------------+------------------------------------+
| Five                            | \$36,112                           |
+---------------------------------+------------------------------------+
| Six                             | \$41,329                           |
+---------------------------------+------------------------------------+
| Seven                           | \$46,546                           |
+---------------------------------+------------------------------------+
| Eight                           | \$51,763                           |
+---------------------------------+------------------------------------+

-   For each additional family member over eight, add \$5,032 to your
    Annual Gross Income.

-   If you are paid on a weekly or monthly basis, please multiply that
    amount by the number of weeks or months actually worked each year to
    determine your "Annual Gross Income."

+---+---------------------------------------------------------+--------+
| * | Is your family income less than the amount on the chart | \      |
| * | on the line beside your family size?                    | _\_\_\ |
| B |                                                         | _\_yes |
| * |                                                         |        |
| * |                                                         | \_\_\_ |
| . |                                                         | \_\_no |
+---+---------------------------------------------------------+--------+
| * | Is your family eligible for food stamps?                | \      |
| * |                                                         | _\_\_\ |
| C |                                                         | _\_yes |
| * |                                                         |        |
| * |                                                         | \_\_\_ |
| . |                                                         | \_\_no |
+---+---------------------------------------------------------+--------+
| * | Are you receiving Temporary Assistance to Needy         | \      |
| * | Families (TANF) Assistance?                             | _\_\_\ |
| D |                                                         | _\_yes |
| * | (Formerly AFDC or Public Assistance)                    |        |
| * |                                                         | \_\_\_ |
| . |                                                         | \_\_no |
+---+---------------------------------------------------------+--------+
| * | Please provide the following information:               |        |
| * |                                                         |        |
| E |                                                         |        |
| * |                                                         |        |
| * |                                                         |        |
| . |                                                         |        |
+---+---------------------------------------------------------+--------+

> Address:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Public school district in which you
> reside:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Grade levels of your
> children:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\*This is not an official Department of Education document. It is
provided only as an example.

## APPENDIX III: INCOME ELIGIBILITY FORM

## 

**SAMPLE FORM for Private School Officials to Submit to LEAs\***

Private School Students Living in Poverty

Please use [one]{.underline} form for [each]{.underline} public school
district. Duplicate as necessary.

**Name of Non-Public
School**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Public School
District**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Please provide below the grades and geographic information verifying
residence in a participating public school attendance area of those
families that meet the poverty criteria of \_\_\_\_\_\_\_\_ \[insert
here the poverty criteria used---e.g., U.S. Department of Agriculture
for the free and reduced price lunch program\]. Do not provide the names
of the families or students.

+-------------------+--------------------------------------------------+
| ***Grades***      | # Geographic Information                         |
+-------------------+--------------------------------------------------+
|                   |                                                  |
+-------------------+--------------------------------------------------+
|                   |                                                  |
+-------------------+--------------------------------------------------+
|                   |                                                  |
+-------------------+--------------------------------------------------+
|                   |                                                  |
+-------------------+--------------------------------------------------+
|                   |                                                  |
+-------------------+--------------------------------------------------+
|                   |                                                  |
+-------------------+--------------------------------------------------+
|                   |                                                  |
+-------------------+--------------------------------------------------+

**\* This is not an official Department of Education document. It is
provided only as an example.**

## APPENDIX IV: EXAMPLE OF HOW AN LEA ALLOCATES FUNDS

**FOR TITLE I SERVICES FOR ELIGIBLE PRIVATE SCHOOL CHILDREN**

There are five public school attendance areas. Three public school
attendance areas participate in Title I, and two public school
attendance areas do not participate.

There are two private schools that have students from low-income
families residing in all five public school attendance areas. This
example demonstrates how an LEA determines the per-pupil allocation
(PPA) for the Title I program for eligible private school children.

Step 1: Determine the number of private school children from low-income
families in each public school attendance area. In this example, Private
School #1 has 20 children from low-income families residing in
Attendance Area A; 20 children residing in Attendance Area B; and two
children residing in Attendance Area D. Private School #2 has 13
children in Attendance Area C and 4 children in Attendance Area E. The
determinations are made on where each child resides and not on the
address of the private school.

Number of private school children from low-income families by public
school attendance areas

+----------+-----------+-----------+-----------+-----------+-----------+
|          | Title I   | Title I   | Title I   | Non-Title | Non-Title |
|          | A         | A         | A         | I         | I         |
|          | ttendance | ttendance | ttendance | A         | A         |
|          | Area A    | Area B    | Area C    | ttendance | ttendance |
|          |           |           |           | Area D    | Area E    |
+----------+-----------+-----------+-----------+-----------+-----------+
| Private  | 20        | 20        | 0         | 2         | 0         |
| School   |           |           |           |           |           |
|          |           |           |           |           |           |
| #1       |           |           |           |           |           |
+----------+-----------+-----------+-----------+-----------+-----------+
| Private  | 0         | 0         | 13        | 0         | 4         |
| School   |           |           |           |           |           |
|          |           |           |           |           |           |
| #2       |           |           |           |           |           |
+----------+-----------+-----------+-----------+-----------+-----------+

Step 2. Multiply the number of low-income children by the per pupil
allocation (PPA) for each public school attendance area in which the
private school children reside. In this example, in Attendance Area A
with a PPA of \$400, the 20 private school children from low-income
families necessitates an allocation of \$8,000 to be used for Title I
services, Attendance Area B's PPA is \$200 which necessitates an
allocation of \$4,000; and Attendance Area C's PPA is \$200 which
necessitates an allocation of \$2,600. The private school children from
low-income families in Attendance Areas D and E do not necessitate an
allocation of any funds for Title I services because these areas are not
participating Title I attendance areas (and, therefore, their PPAs are
\$0).

Amount of Title I funds available to serve eligible private school
students

+-------+---------+---------+---------+---------+---------+--------+
|       | Title I | Title I | Title I | No      | No      | Total  |
|       | Att     | Att     | Att     | n-Title | n-Title | Funds  |
|       | endance | endance | endance | I       | I       | Gen    |
|       | Area A  | Area B  | Area C  | Att     | Att     | erated |
|       |         |         |         | endance | endance |        |
|       |         |         |         | Area D  | Area E  |        |
+-------+---------+---------+---------+---------+---------+--------+
| Pr    | 20 x    | 20 x    | 0       | 2 x \$0 | 0       | \$     |
| ivate | \$400 = | \$200 = |         | = \$0   |         | 12,000 |
| S     | \$8,000 | \$4,000 |         |         |         |        |
| chool |         |         |         |         |         |        |
|       |         |         |         |         |         |        |
| #1    |         |         |         |         |         |        |
+-------+---------+---------+---------+---------+---------+--------+
| Pr    | 0       | 0       | 13 x    | 0       | 4 x \$0 | \      |
| ivate |         |         | \$200 = |         | = \$0   | $2,600 |
| S     |         |         | \$2,600 |         |         |        |
| chool |         |         |         |         |         |        |
|       |         |         |         |         |         |        |
| #2    |         |         |         |         |         |        |
+-------+---------+---------+---------+---------+---------+--------+

Step 3: After consultation with private school officials, the LEA
determines which option it will use to fund the Title I programs for
eligible private school children.

Option 1. [On School-by-School Basis]{.underline}: Use funds allocated
for eligible private school children to provide Title I services on a
school-by-school basis to eligible private school children residing in
participating public school attendance areas.

Private School #1 Private School #2

20 Low Income Residing in A = \$8,000 13 Low Income Residing in C =
\$2,600

20 Low Income Residing in B = \$4,000 [04 Low Income Residing in E =
\$0,000]{.underline}

[02 Low Income Residing in D = \$0,000]{.underline}

Total for services to eligible children Total for services to eligible
children

attending private school #1 = [\$12,000]{.underline} attending private
school #2 = \$2,600

Option 2: **[Pooling:]{.underline}** Combine (pool) funds allocated for
all eligible private school children to be used to provide Title I
services to eligible children who reside in participating public school
attendance areas and attend any private school.

Private School #1 = \$12,000

Private School #2 = [\$ 2,600]{.underline}

Total for services to the eligible children in any private school =
\$14,600