**Participation of Eligible Children in Private Schools**

28\. Revise §200.61 and place it under the undesignated center heading
"Participation of Eligible Children in Private Schools" in subpart A of
part 200 to read as follows:

**[§200.61 Responsibilities for providing services to private school
children]{.underline}.**

\(a\) After timely and meaningful consultation with appropriate
officials of private schools, an LEA must\--

\(1\) In accordance with §§200.61 through 200.66 and section 1120 of the
Act, provide special educational services or other benefits under
subpart A of this part, on an equitable basis and in a timely manner, to
eligible children who are enrolled in private elementary and secondary
schools; and

\(2\) Ensure that teachers and families of these children participate,
on a basis equitable to the participation of teachers and families of
other children receiving these services in accordance with §200.53.

\(b\) Eligible private school children are children who\--

\(1\) Reside in participating public school attendance areas of the LEA,
regardless of whether the private school they attend is located in the
LEA; and

\(2\) Meet the criteria in section 1115(b) of the Act.

\(c\) Among the eligible private school children, the LEA must select
children to participate, consistent with §200.63.

(Authority: 20 U.S.C. 6315(b); 6320(a))

29\. Add §200.62 and place it under the undesignated center heading
"Participation of Eligible Children in Private Schools" in subpart A of
part 200 to read as follows:

**[§200.62 Consultation]{.underline}.**

\(a\) In order to have timely and meaningful consultation, an LEA must
consult with appropriate officials of private schools during the design
and development of the LEA's program for eligible private school
children.

\(b\) At a minimum, the LEA must consult on the following:

\(1\) How the LEA will identify the needs of eligible private school
children.

\(2\) What services the LEA will offer to eligible private children.

\(3\) How and when the LEA will make decisions about the delivery of
services.

\(4\) How, where, and by whom the LEA will provide services to eligible
private school children.

\(5\) How the LEA will assess academically the services to private
school children, and how the LEA will use the results of that assessment
to improve Title I services.

\(6\) The size and scope of the equitable services that the LEA will
provide to eligible private school children, and the proportion of funds
that the LEA will allocate for these services.

\(7\) 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 from a survey.

\(8\) The equitable services the LEA will provide to teachers and
families of private school participating children.

(c)(1) Consultation by the LEA must\--

\(i\) Include meetings of the LEA and appropriate officials of the
private schools; and

\(ii\) Occur before the LEA makes any decision that affects the
opportunity of eligible private school children to participate in Title
I programs.

\(2\) The LEA must meet with officials of the private schools throughout
the implementation and assessment of the Title I services.

(d)(1) Consultation must include\--

\(i\) A discussion of service delivery mechanisms the LEA can use to
provide equitable services to private school children; and

\(ii\) A thorough consideration and analysis of the views of the
officials of the private schools on the provision of services through a
contract with a third-party provider.

\(2\) If the LEA disagrees with the views of the officials of the
private schools on the provision of services through a contract, the LEA
must provide in writing to the officials of the private schools the
reasons why the LEA chooses not to use a contractor.

(e)(1) The LEA must maintain in its records and provide to the SEA a
written affirmation, signed by officials of each private school with
participating children or appropriate private school representatives,
that the required consultation has occurred.

\(2\) If the officials of the private schools do not provide the
affirmations within a reasonable period of time, the LEA must submit to
the SEA documentation that the required consultation occurred.

\(f\) An official of a private school shall have the right to complain
to the SEA that the LEA did not\--

\(1\) Engage in timely and meaningful consultation; or

\(2\) Consider the views of the officials of the private school.

(Authority: 20 U.S.C. 6320(b))

30\. Revise §§200.63 through 200.65 and place them under the
undesignated center heading "Participation of Eligible Children in
Private Schools" in subpart A of part 200 to read as follows:

**[§200.63 Factors for determining equitable participation of private
school children.]{.underline}**

\(a\) [Equal expenditures]{.underline}. (1) In the aggregate, funds
expended by an LEA under subpart A of this part for services for
eligible private school children in the aggregate must be equal to the
amount of funds generated by private school children from low-income
families under paragraph (a)(2) of this section.

\(2\) An LEA must meet this requirement as follows:

\(i\) In reserving funds off the top of its allocation to carry out the
provisions of §200.77, if the LEA reserves funds for instructional
activities for public elementary or secondary school students at the
district level, the LEA must provide equitable services to eligible
private school children. The LEA must base equitable services from these
reserved funds on the proportion of private school children from
low-income families residing in participating public school attendance
areas.

\(ii\) The LEA must reserve the amounts of funds generated by private
school children under §200.78 and, in consultation with appropriate
officials of the private schools, may\--

\(A\) Combine those amounts, along with funds under paragraph (a)(2)(i)
of section, if appropriate, to create a pool of funds from which the LEA
provides equitable services to eligible private school children, in the
aggregate, in greatest need of those services; or

\(B\) Provide equitable services to eligible children in each private
school with the funds generated by children from low-income families
under §200.78 who attend that private school.

\(b\) [Services on an equitable basis]{.underline}. (1) The services
that an LEA provides to eligible private school children must be
equitable in comparison to the services and other benefits that the LEA
provides to public school children participating under subpart A of this
part.

\(2\) Services are equitable if the LEA\--

\(i\) Addresses and assesses the specific needs and educational progress
of eligible private school children on a comparable basis as public
school children;

\(ii\) Meets the equal expenditure requirements under paragraph (a) of
section; and

\(iii\) Provides private school children with an opportunity to
participate that\--

\(A\) Is equitable to the opportunity provided to public school
children; and

\(B\) Provides reasonable promise of the private school children
achieving the high levels called for by the State's student academic
achievement standards.

\(3\) The LEA must provide services to eligible private school children
either directly or through arrangements with another LEA or a
third-party provider.

\(4\) The LEA must make the final decisions with respect to the services
it will provide to eligible private school children.

(Authority: 20 U.S.C. 6320(a))

**[§200.64 Determining equitable participation of teachers and families
of participating private school children]{.underline}.**

(a)(1) From funds reserved for parent involvement and professional
development under §200.77, an LEA shall ensure that teachers and
families of participating private school children participate on an
equitable basis in parent involvement and professional development
activities, respectively.

\(2\) The LEA must base equitable services on the proportion of private
school children from low-income families residing in participating
public school attendance areas.

\(b\) After consultation with appropriate officials of the private
schools, the LEA must conduct professional development and parent
involvement activities for the families and teachers of participating
private school children either\--

\(1\) In conjunction with the LEA's professional development and parent
involvement activities; or

\(2\) Independently.

\(c\) Private school teachers are not covered by the requirements in
§200.56.

(Authority: 20 U.S.C. 6320(a))

**[§200.65 Requirements to ensure that funds do not benefit a private
school]{.underline}.**

\(a\) An LEA must use funds under subpart A of this part to provide
services that supplement, and in no case supplant, the services that
would, in the absence of Title I services, be available to participating
private school children.

(b)(1) The LEA must use funds under subpart A of this part to meet the
special educational needs of participating private school children.

\(2\) The LEA may not use funds under subpart A of this part A of this
part for\--

\(i\) The needs of the private school; or

\(ii\) The general needs of children in the private school.

(Authority: 20 U.S.C. 6320(a), 6321(b))

31\. Add a new §200.66 and place it under the undesignated center
heading "Participation of Eligible Children in Private Schools" in
subpart A of part 200 to read as follows:

**[§200.66 Requirements concerning property, equipment, and supplies for
the benefit of private school children]{.underline}.**

\(a\) The LEA must keep title to and exercise continuing administrative
control of all property, equipment, and supplies that the LEA acquires
with funds under subpart A of this part for the benefit of eligible
private school children.

\(b\) The LEA may place equipment and supplies in a private school for
the period of time needed for the program.

\(c\) The LEA must ensure that the equipment and supplies placed in a
private school\--

\(1\) Are used only for Title I purposes; and

\(2\) Can be removed from the private school without remodeling the
private school facility.

\(d\) The LEA must remove equipment and supplies from a private school
if\--

\(1\) The LEA no longer needs the equipment and supplies to provide
Title I services; or

\(2\) Removal is necessary to avoid unauthorized use of the equipment or
supplies for other than Title I purposes.

\(e\) The LEA may not use funds under subpart A of this part for
repairs, minor remodeling, or construction of private school facilities.

(Authority: 20 U.S.C. 6320(d))

32\. Place reserved §§200.67 through 200.69 under the undesignated
center heading "Participation of Eligible Children in Private Schools"
in subpart A of part 200.

**[§200.77 Reservation of funds by an LEA]{.underline}.**

Before allocating funds in accordance with §200.78, an LEA must reserve
funds as are reasonable and necessary to\--

\(a\) Provide services comparable to those provided to children in
participating school attendance areas and schools to serve-

\(1\) Homeless children who do not attend participating schools,
including providing educationally related support services to children
in shelters and other locations where homeless children may live;

\(2\) Children in local institutions for neglected children; and

\(3\) If appropriate\--

\(i\) Children in local institutions for delinquent children; and

\(ii\) Neglected and delinquent children in community-day school
programs;

\(b\) Provide, where appropriate under section 1113(c)(4) of the Act,
financial incentives and rewards to teachers who serve students in Title
I schools identified for school improvement, corrective action, and

\(c\) Meet the requirements for choice-related transportation and
supplemental educational services in §200.48, unless the LEA meets these
requirements with non-Title I funds;

\(d\) Address the professional development needs of instructional staff,
including\--

\(1\) Professional development requirements under §200.52(a)(2)(iii) if
the LEA has been identified for improvement or corrective action; and

\(2\) Professional development expenditure requirements under §200.60;

\(e\) Meet the requirements for parental involvement in section
1118(a)(3) of the Act;

\(f\) Administer programs for public and private school children under
this part, including special capital expenses, if any, incurred in
providing services to eligible private school children, such as\--

\(1\) The purchase and lease of real and personal property (including
mobile educational units and neutral sites);

\(2\) Insurance and maintenance costs;

\(3\) Transportation; and

\(4\) Other comparable goods and services, including

non-instructional computer technicians; and

\(g\) Conduct other authorized activities, such as school improvement
and coordinated services.

(Authority: 20 U.S.C. 6313(c)(3) and (4), 6316(b)(10), (c)(7)(iii), and
(e)(6), 6318(a)(3), 6319(l), 6320)

**[§200.78 Allocation of funds to school attendance areas and
schools]{.underline}.**

(a)(1) An LEA must allocate funds under subpart A of this part to school
attendance areas and schools, identified as eligible and selected to
participate under section 1113(a) or (b) of the Act, in rank order on
the basis of the total number of children from low-income families in
each area or school.

(2)(i) In calculating the total number of children from low-income
families, the LEA must include children from low-income families who
attend private schools.

\(ii\) To obtain a count of private school children, the LEA may\--

\(A\) Use the same poverty data the LEA uses to count public school
children;

(B)([1]{.underline}) Use comparable poverty data from a different source
such as a private school survey that, to the extent possible, protects
the identity of families of private school students; and

([2]{.underline}) Extrapolate data from the survey based on a
representative sample if complete actual data are unavailable;

\(C\) 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; or

\(D\) Use an equated measure of low income correlated with the measure
of low income used to count public school children.

\(iii\) An LEA may count private school children from low-income
families every year or every two years.

\(iv\) The LEA shall have the final authority in determining the method
used to calculate the number of private school children from low-income
families;

\(3\) If an LEA ranks its school attendance areas and schools by grade
span groupings, the LEA may determine the percentage of children from
low-income families in the LEA as a whole or for each grade span
grouping.

(b)(1) Except as provided in paragraphs (b)(2) and (d) of this section,
an LEA must allocate to each participating school attendance area or
school an amount for each low-income child that is at least 125 percent
of the per-pupil amount of funds the LEA received for that year under
part A, subpart 2 of Title I. The LEA must calculate this per-pupil
amount before it reserves funds under §200.77, using the poverty measure
selected by the LEA under section 1113(a)(5) of the Act.

\(2\) If an LEA is serving only school attendance areas or schools in
which the percentage of children from low-income families is 35 percent
or more, the LEA is not required to allocate a per-pupil amount of at
least 125 percent.

\(c\) An LEA is not required to allocate the same per-pupil amount to
each participating school attendance area or school provided the LEA
allocates higher per-pupil amounts to areas or schools with higher
concentrations of poverty than to areas or schools with lower
concentrations of poverty.

\(d\) An LEA may reduce the amount of funds allocated under this section
to a school attendance area or school if the area or school is spending
supplemental State or local funds for programs that meet the
requirements in §200.79.

\(e\) If an LEA contains two or more counties in their entirety, the LEA
shall distribute to schools within each county a share of the LEA\'s
total grant that is no less than the county\'s share of the child count
used to calculate the LEA\'s grant. (Authority: 20 U.S.C. 6313(c),
6320(a) and (c)(1), 6333(c)(2))