GUIDANCE

PARTICIPATION OF PRIVATE SCHOOL STUDENTS AND TEACHERS IN THE READING
FIRST PROGRAM

(Questions currently in the Reading First guidance---H-21, H-22)

**H-21. Are private school children eligible to participate in the
Reading First program?**

Yes. Funds awarded to State educational agencies and local educational
agencies under Reading First are subject to the requirements of Section
9501 of ESEA (Participation by Private School Children and Teachers).
The statute requires LEAs to provide private school children and their
teachers or other educational personnel with educational services that
address their needs related to Reading First on an equitable basis with
public school children and teachers. LEAs must provide these services in
a timely manner.

Funds provided for educational services and other benefits for private
school children and their teachers must be equal, taking into account
the number and educational needs of the children to be served, to the
funds provided for participating public school children.

All services and benefits provided to private school children and their
teachers under Reading First must be secular, neutral, and
non-ideological.

Local educational agencies seeking Reading First subgrants must consult
with appropriate private school officials during the design and
development of their Reading First plans on such issues as determining
eligibility of private school children (see question H-22); identifying
the children's needs; what services will be offered; how, where, and by
whom services will be provided; and how the services will be assessed.

**H-22. How is the eligibility of private school children determined?**

In general, private school children in the areas served by public
schools receiving Reading First funds would be eligible. This
determination can be made *either* by the residence of private school
children in the attendance area of a public school receiving Reading
First funds or by the location of a private school in the attendance
area of a public school receiving Reading First funds. For additional
information on which public schools within an eligible local educational
agency may receive Reading First funds, see question I-1.

### ADDITIONAL QUESTIONS AND ANSWERS: {#additional-questions-and-answers .unnumbered}

## Where in the Elementary and Secondary Education Act (ESEA), as reauthorized by the No Child Left Behind Act of 2001 (NCLB), are the governing provisions regarding the equitable participation of private school students and teachers in the Reading First program?

> Title IX, Part E---Uniform Provisions, Subpart 1---Private Schools,
> Sections 9501- 9505 of ESEA, as reauthorized by NCLB, govern the
> participation of private school students and teachers in the Reading
> First program.

## Must an SEA consult with representatives of private schools prior to submitting its Reading First grant application?

Yes. Section 9501(c)(3) of ESEA requires SEAs to consult with
appropriate private school officials prior to making any decisions that
will impact the opportunity of private school students and teachers to
participate in programs requiring their equitable participation. Prior
to submitting their Reading First grant application to the U. S.
Department of Education, SEAs should have engaged in timely and
meaningful consultation with appropriate private school officials
regarding the needs of the private school students and teachers as
related to the Reading First program.

> In order to facilitate consultation with appropriate private school
> officials, some SEAs create a Private School Working Group, made up of
> representatives from the full spectrum of private schools in the State
> that participate in federal education programs. Such groups meet on a
> regular basis and support the progress of implementing federal
> education programs for private school students and teachers.

## Must an LEA consult with private school officials prior to submitting its Reading First grant application?

Yes. Section 9501(c)(3) of ESEA requires LEAs to consult with
appropriate private school officials prior to making any decisions that
will impact the opportunity of private school students and teachers to
participate in programs requiring their equitable participation. Prior
to submitting their Reading First grant application to the SEA, LEAs
must engage in timely and meaningful consultation with private school
officials regarding the needs of the private school students and
teachers as related to the Reading First program.

## What topics should LEAs discuss with private school officials during consultation?

> Section 9501(c) requires LEAs to consult with private school officials
> on issues such as:

-   how the children's needs will be identified;

-   what services will be offered;

-   how, where, and by whom the services will be provided;

-   how the services will be assessed and how the results of the
    assessment will be used to improve those services;

-   the size and scope of the equitable services to be provided to the
    eligible private school children, teachers, and other educational
    personnel;

-   the amount of funds available for those services; and

-   how and when the agency, consortium, or entity will make decisions
    about the delivery of services, including a thorough consideration
    and analysis of the views of the private school officials on the
    provision of contract services through potential third-party
    providers.

## Who makes the final decisions regarding services and benefits for private school students and teachers under Reading First?

> The LEA, after timely and meaningful consultation with private school
> officials,
>
> always makes the final decisions regarding services and benefits for
> private school students and teachers. In addition, the LEA always
> remains in control of the federal education funds and maintains title
> to all materials, equipment, and property purchased with those funds.

## Does the equal expenditures requirement in Title IX, Section 9501(a)(4) apply to Reading First?

Yes. The equal expenditure requirement in Title IX, Section 9501(a)(4)
applies to Reading First. It requires that expenditures for educational
services and other benefits provided for eligible private school
children, their teachers, and other educational personnel serving those
children be equal, taking into account the number and educational needs
of the children to be served.

> There are different ways to calculate equitable expenditures. For
> example, some LEAs calculate equal expenditures strictly on the basis
> of the relative enrollments of public and private school students, on
> the assumption that these numbers also accurately reflect the relative
> needs of students and teachers in public and private schools. However,
> LEAs may take the relative educational needs into account in other
> ways. For example, an LEA may choose poverty level and/or K-3 student
> academic performance in reading as additional factors in determining
> need in calculating equal expenditures. As with other decisions
> affecting services to private school students, LEAs should consult
> with private school officials on the method for determining equal
> expenditures, and the resulting methodology should reasonably reflect
> the relative numbers and educational needs of the public and private
> school students.

## What constitutes equitable participation in the Reading First program?

Participation is considered to be equitable if the LEA (1) assesses,
addresses, and evaluates the needs and progress of public and private
school students and educational personnel on a comparable basis; (2)
provides, in the aggregate, approximately the same amount of services to
students and educational personnel with similar needs; (3) spends an
equal amount of funds to serve similar public and private school
students, teachers, and other educational personnel; (4) provides both
groups of students and educational personnel equal opportunities to
participate in program activities.

## Must private schools comply with all requirements in order to participate in Reading First, including requirements such as a specified amount of time for reading instruction or use of particular instructional materials?

> In general, the parameters set by the State regarding implementation
> of the Reading First program would apply to private school students
> and teachers who participate in the Reading First program. In
> consultation, LEAs should discuss with private school officials the
> purposes of Reading First and discuss those requirements that are
> necessary for ensuring effective implementation and program integrity.
> However, LEAs may, through timely and meaningful consultation with
> private school officials, allow for flexibility in some requirements
> in order to meet the needs of the private school students and teachers
> that are being served.

## May Reading First program funds be used for reading coaches for private school teachers participating in Reading First?

> Yes, to the extent that funds are used to provide reading coaches in
> public schools, Reading First program funds may be used to provide
> reading coaches for participating private school teachers so long as
> the coach is a public employee or contractor and is under the
> supervision of the LEA.

## May Reading First program funds be used to purchase instructional materials, including reading textbooks, for private school students participating in Reading First?

> Yes. An LEA may use Reading First funds to purchase reading textbooks
> for the use of private school students in grades K-3 if their current
> reading program does not meet Reading First requirements (i.e., is not
> based on scientifically based reading research), to the extent the SEA
> permits the purchase of textbooks for public school students under
> Reading First.

## May Reading First funds be used to pay for stipends for private school teachers who are participating in Reading First professional development activities?

> Yes, to the extent that funds support stipends for public school
> teachers, Reading First funds may be used to pay for stipends for
> private school teachers who are participating in Reading First
> professional development activities. As with any other costs, the use
> of Reading First funds for stipends must be reasonable and necessary
> for the proper operation of the program. For example, if the
> professional development program is conducted during after-school
> hours or during the summer, stipends may be used to compensate
> teachers for their participation outside regular employment hours.
>
> Stipends for private school teachers must be available on the same
> basis as for public school teachers. Stipends must be paid to the
> private school teachers for their own use and cannot be paid to the
> private school or be for the benefit of the private school.

## May an LEA provide only professional development and meet the requirement for equitable participation of private school students and teachers?

> If, after timely and meaningful consultation with private school
> officials, it is determined that professional development is the most
> appropriate way to meet the needs of private school students and
> teachers, while also ensuring Reading First program integrity, an LEA
> may provide only professional development. However, an offer of only
> professional development made separate from the consultation process
> would not meet the equitable participation requirements.

## If private school students participate in the Reading First program, are LEAs required to assess the program implemented for private school students?

## Yes. LEAs are responsible for assessing the effectiveness of the Reading First program implemented for participating private school students and, thus, should discuss this matter during consultation. The assessment the LEA uses to evaluate the effectiveness of the Reading First program for public school students may be used, if appropriate. {#yes.-leas-are-responsible-for-assessing-the-effectiveness-of-the-reading-first-program-implemented-for-participating-private-school-students-and-thus-should-discuss-this-matter-during-consultation.-the-assessment-the-lea-uses-to-evaluate-the-effectiveness-of-the-reading-first-program-for-public-school-students-may-be-used-if-appropriate. .unnumbered}

## If private school officials have declined the offer to participate in Reading First, must the LEA consult with them again about their participation in Reading First?

If the LEA has consulted with private school officials and the private
school officials have informed the LEA that they do not elect to
participate in Reading First, the LEA has met its obligation under
Section 9501 and is not required to consult again about the program.

If the LEA plans to reapply for a Reading First subgrant upon expiry of
an initial grant period (generally two to three years), however, the LEA
should contact private school officials and inquire as to their current
interest in program participation.

## What are some additional resources to assist LEAs in understanding their obligation to provide equitable services to eligible private school students and teachers?

-   ESEA: Sec. 9501 et seq. of Title IX of (General provisions),
    "Participation by Private School Children and Teachers."

-   EDGAR: Section 76.650-76.662, "Participation of Students Enrolled in
    Private Schools."

-   Title IX, Part E, Uniform Provisions, Subpart 1-Private Schools --
    Equitable Services to Eligible Private School Students, Teachers,
    and Other Educational Personnel, Non-Regulatory Guidance.